### SOUTH COAST AIR QUALIT Y 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 Devel opment and Area Sources Elaine Chang, DrPH

Assistant Deputy Executive Officer Planning, Rule Devel opment 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 CounselSOUTH COAST AIR QUALIT Y 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, 9 th 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 ...................22Draft 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 Re port released on April 3, 2013 are denoted with double unde rline and double strike out.



### EXECUTIVE SUMMARY

Residents of the South Coast Ai r Basin (Basin) are exposed to some of the highest ambient concentrations in the nation of PM10 and PM2.5, collectively refe rred to as particulate matter or PM. Although smoke from biomass burni ng (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 particul ates, and air quality modeling indicates that significant air quality improvements can be achieved by redu cing these emissions on an episodic basis (AQMD, 2012). Studies also continue to s how the importance of reducing public exposure to PM, including biomass smoke (U.S. EPA, 2009) . This is reflecte d in the U.S. EPA’s recent decision to lower the PM2.5 annual standard from 15 to 12 μ g/m 3 to be more health protective (c.f. 78 FR 3,086-3,287, National Ambien t Air Quality Standards for Particulate Matter, dated January 15, 2013 1 ). 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/m 3 and thus included control measures intended to further reduce PM emissions from residentia l 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 impl ement these 2012 AQMP control measures to aid in achievement of the 24- hour PM2.5 standard and to prot ect public health by reducing exposure of potentially high concentrations of wood smoke. In addition, AQMD staff has recently learned of resident’s concern regardi ng adverse health effects and loss of enjoyment associated with open burning at beaches and proposes to prohibit burn ing 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 prohibiti on 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 us ed 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/m 3 (current federal PM2.5 24-hour standard) to 30 μg/m 3 . 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 asso ciated with air quality forecasts. PAR 445 would also establish a Basin- wide winter burning curtailmen t whenever a PM2.5 level of greater than 30 μ g/m 3 is forecast at any monitoring stati on 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 thr ough a labeling program. Additional Rule 445 amendments are proposed to increase rule clarity. It is anticipated that there may be an increas e of up to 20 no-burn days with this lower threshold, although continued air quality im provements 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/2012a qmp/DraftFinal/appIV-A.pdf - page IV-A-17Draft 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 Ba sin approaches and reaches attainment. The 2012 control measure represents a State Impl ementation Plan (SIP) commitment to reduce PM emissions from wood burning devices by up to seven tons per epis odic 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 alternativ es to burning wood for heat. An incentive program for cleaner hearth appliances is ongoing an d is proposed to be enhanced in conjunction with adoption of PAR 445 to encourage the public to switch to cleaner hearth products, includi ng gaseous-fueled devices that are exempt from burning curtailments.

PAR 444 For consistency and to maximize the epis odic 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 wint er season. Accordingly, PAR 444 includes revisions to marginal and permissive burn day definitions that would limit open burning whenever a mandatory winter burning curtailm ent 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 de finition is proposed to clarify an exemption for the testing of fire detection/suppression sy stems. A new definition is also added for beach burning and the existing exemptions for ope n burning for recreational, ceremonial and warming purposes are proposed to be amende d to exclude beach burning. Additional Rule 444 amendments are proposed to increase rule clarity. Although it is anticipated that th ere will be a slight increase in the number of no-burn days under PAR 444, there are no annual emissions reduc tions as the burning that would have occurred during winter months would likely be switched to ot her, non-episodic times of the year. Cost impacts are anticipated to be mi nimal as prohibited open burning would likely be shifted to other days and the Rule’s existing ex emptions for fire suppression and training exercises are unchanged. Relative to beach bu rning, 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 w ood. However, based on a ssumptions concerning a presumable wood burning rate of two to thr ee bundles of packaged wood per fire ring per night in summer months and assuming full utiliz ation 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 subjec t to PAR 444 provisions. It is an ticipated that th ere 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 Reduc tions 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 (add itions, remodels, etc.), Rule 445 requires wood

3 2007 AQMP, Appendix IV-A, http://www.aqmd.gov/aqmp/07aqmp/aqmp/Appendix_IV-A.pdfDraft 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. EP A certified or equivalent. Rule 445 prohibits the burning of any product not intended for us e as a fuel (e.g., trash) in a wood burning device and requires commercial fi rewood 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 wint er season), the public is re quired to refrain from both indoor and outdoor wood-based fu el burning in specific areas where PM2.5 air quality is forecast to exceed 35 μ g/m 3 (federal 24-hour standard). Th e 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 sm oke 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/rece ptor 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 le vel and firing methods for agricultural burning, and a Smoke Management Plan for prescribed burning. In addition, Rule 444 sets Districtwide maximum daily burn acrea ge for agricultural and prescribed burning with less restrictive requirements for trai ning 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”, “per missive”, and “no burn” days. The 2008 proposal also included several new require ments for agricultura l burning and fire prevention/suppression training and prohibited agricultural bur ns within 1,000 feet of sensitive receptor locations. In order to partially recover the co st associated with running the open burn program, the 2008 proposal also establishe d fees to be assessed for the filing and evaluation of the require d plans and reports.



### DESCRIPTION OF SOURCE CATEGORY

Rule 445 The following background information was obtained from CARB 4 and U.S. EPA 5 documents. The types of devices that burn wood in a typica l residence are: 1) fi replaces, 2) fireplace inserts, and 3) wood burning stoves (inclu des subcategories). The most common wood burning device in a home is the tr aditional, open-hearth (uncontr olled) fireplace. A fireplace is an inefficient method of heating a house an d 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, Secti on 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 combus tion air. Fireplace inserts are essentially woodstove type devices that fit in to a fireplace hearth. Wood stove s 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 rest ricting 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 Phas e 2 Qualified Fireplace Program. 6 According to the referenced web site, this program is a voluntary effort to encour age manufacturers to improve air quality through developing and distribu ting cleaner, more ef ficient wood-burning appliances. There are two ge neral types of fireplace produ cts under the program: Phase 2 Qualified Fireplaces and Phase 2 Qualified Fireplace Retrofit Devi ces. Phase 2 qualified fireplaces are stand alone hearth devices intended to be instal led in new developments or room additions, while retrofit fireplace devices ar e intended to be installed into existing wood burning fireplaces. Rule 445 provisions do not a llow the installation of U.S. EPA Phase 2 Qualified Fireplaces; however, U.S. EPA Phas e 2 Qualified Fireplace Retrofit Devices are not prohibited by Rule 445 and therefore can be installed in existing wood-burning fireplaces; that is, residential firepl aces constructed before March 9, 2009. Appendix B has a list of answers to Frequently Asked Questi ons (FAQs) and the under lined text has been proposed to further clarify the types of de vices, including U.S. EPA Phase 2 Qualified Retrofit Devices that can be installed into exis ting households. Changes to the list of FAQs may be made in the future to he lp 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. Ta ble 1 presents an inventory of beach fire pits based on available data. The change in th e estimated total number of beach fire rings is from the results of a field verification of be ach fire rings that are subject to PAR 444 provisions. Agricultural burning is open burni ng 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 fo restry, to promote a more healthful habitat for plants and animals, to prevent plant diseas e and pests, and to re duce the likelihood of wildfires and associated damages. Training burns are hands-on trainings conducted by fire protection agencies on methods of pr eventing and/or suppressing fires.

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### SUMMARY OF PU BLIC 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 organizatio ns and interested persons were convened beginning in November of 2012 to discuss key as pects of proposed amen dments 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 di oxide, 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) fo r PM2.5. The following table presents a summary of the federal NAAQS and State of Ca lifornia air quality standards for particulate matter.
Table 2 Summary of Particulate Standards (μg/m 3 )

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

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South Coast Air Quality Management District 9 MayApril 2013 between long-term exposure to PM2.5 and incr eased mortality, reduction in life-span, and an increased mortality from lung cancer. Daily fluctuations in PM2.5 concentration leve ls have also been related to increased mortality due to cardiovascular or respirat ory diseases, hospital admissions for acute respiratory conditions, school and kindergarten absences, a decrease in respiratory function in normal children, and increased me dication 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-existi ng 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 fracti on of PM with most particles having an aerodynamic diameter of 2.5 microns or less. W ood 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 b een studied extensiv ely. The greatest health effect from wood smoke originates fr om the fine particles that can cause health problems ranging from minor irritations such as burning eyes and ru nny 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, ch ronic 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 matte r in areas polluted with higher levels of wood smoke are weaker than else where [e.g., areas with similar ambient PM concentrations but with less wood smoke]. Conc lusions in a more recent health effects study included a statement that there is no persuasi ve 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 litt le evidence available to make a judgment concerning the relative toxicity of wood smoke particles with re spect to cardiovascular or cancer outcomes.
A review of all-cause cardiovascular and re spiratory mortality data was also recently completed in Australia after a 2001 wood smoke reduction program resulted in a 40 percent improvement in wintertime particulate polluti on (British Medical Jour nal, 2013). The study found that decreased air pollution from ambient biomass smoke was asso ciated with reduced annual mortality in males and with reduced ca rdiovascular and respir atory mortality during the winter months. Smoke particles are a significant source of ambien t 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 Ba sin (SCAQMD, 2008). During winter months biomass burning contributions have been found to range on average from 1 to nearly 4 μg/m 3 (Manchester-Neesvig, 2003).

8 US EPA Fact Sheet, Health Effects of Wood Smoke, http://www.epa.gov/woodstoves/healtheffects.htmlDraft 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 occu rred in Southern Califor nia, 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 th at 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 e ffects increased with th e number of reported smoky days. (Kunzlii, 2006). In another report, the relationship of hospita l 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 associat ions 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. EP A 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 z one, primarily as a cons equence of incomplete combustion. Under reducing conditions, radi cal 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 sublima tion into the vapor phase is probable. These findings are further supported in a 2007 publication in Inhalati on Toxicology entitled “Wood Smoke Health Effects: A Review ” (Inhalation Toxicology, 19:67-106, 2007). Due to the potential health eff ects of wood smoke, just as with cigarette smoke, packaging of firewood and other wood-based products (e .g., manufactured firel ogs) 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 Basi n boundaries in relation to othe r 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 re source 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 fo r 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 coul d 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 se ller has been amended to include wood or “other wood-based fuels” to ensure commercia l enterprises that sell manufactured logs or pellet fuels would be subject to the labeli ng 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 requirement s in paragraph (d)(5) would apply to all packaged wood and manufactured wax/saw dust logs sold at all store types.

(1) COMMERCIAL WOOD-BASED FU EL SELLER FIREWOOD FACILITY means any operation that has a business license that sells, or offers for sale, or supplies, packaged, bundled or bulk fire wood, manufactured fi relogs, 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 BasinDraft 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 belo w under the Exemptions heading [Subdivision (f)] an amendment to paragra ph (f)(1) is also proposed to clarify that the cookstove exemption is only applicable to commercial cooking. (2) COOKSTOVE means any wood or wood-base d 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 Fe deral 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 measuri ng 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/m 3 , 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 BU RNING CURTAILMENT DAY means (A) Means any calendar day or consec utive 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/m 3 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/m 3 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 St andard for either of the two previous three-year design value peri ods. The design value is the threeyear average of the annual 98 th percentile of the 24-hour values of monitored ambient PM2.5 data.

A new definition is proposed fo r wood-based fuel to ensure c onsistency 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 ensu re 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 ope n 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 bur ning any wood-based fuel for cooking
purposes.

Subdivision (d) – Requirements

Subparagraph (d)(2)(D) – Equivalency Determinations for Fireplaces
The current rule allows the in stallation of a wood-burning devi ce 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 met hods for wood heaters (st oves or inserts) and fireplaces are different and are therefor e non-comparable. Additionally, the March 2008 Rule 445 AQMD Governing Board adoption resolu tion 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 Re trofit Devices can be instal led into existing (installed before March 9, 2009).wood-burning fireplac es under current Rule 445 provisions.

Paragraph (d)(5) – Commercial Firewood Sellers A new requirement is proposed that would requi re 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 da te of this requirement to include the text below on the wood-based fuel product sales w ould be six months af ter adoption of the amendments.

Similar labeling provisions are already in pla ce 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 pr oducts may be restricted at times by law. Please check (Toll-Free Numb er) 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 attemp t to lessen the regulatory burden on impacted industries. Paragraph (d)(5) al so allows the use of alterna tive 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 implementati on date (six months after rule adoption).

Subdivision (e) – Mandatory Wint er 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 threshol d is exceeded in a source receptor area that contains a monitoring station that has recorded a violatio n of the federal PM2.5 24-hour standard during either of the two previous thre e-year design value days . These requirements would continue to apply to any permanent i ndoor/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-base d 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 Permi ssive Burn Days. PAR 444 would add a new definition for a Mandatory Winter Burning Curta ilment that is consistent with the forecast procedures specified by AQMD Rule 445. PA R 444 also amends the definitions for Marginal and Permissive Burn Days to prohi bit burning during a Mand atory 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 clarif y 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 propert ies above an eleva tion of 3,000 feet. A new definition is added for “beach burning” which is prohibited beginning January 1, 2015 under this amendment. However, using char coal and liquid/gaseous fuels for cooking at beaches is still permitted. Other types of recr eational, 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 aDraft 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, ma ke the prohibition effective sooner than January 1, 2015.



### EMISSIONS INVENTORY

Emissions from biomass burning result primaril y 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. Studi es 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 com bustion of biomass and firew ood produces polycyclic organic matter, a group of compounds classified as ha zardous air pollutants u nder Title III of the federal Clean Air Act.
Rule 445 Table 3 shows 2012 AQMP winter day residentia l 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 PM 2.5 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 larg e 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 μ g/m 3 could result in an a pproximate 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 wh en triggered could poten tially 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 ep isodic no-burn days by about 7.1 tons per winter day (assuming 75% rule e ffectiveness). It should be noted that while controlling emissions from residential wood burning is pr imarily 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 th is 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 da ys, 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 individua l days where high PM2.5 levels are forecast, thus reducing public hea lth impacts. Relative to beach burning, as noted in Table 4, the emissions inventory does not in clude beach burning. Quantification of these emissions and the anticipated re ductions are difficult to determ ine as the amount of wood use varies widely. However, assuming a wood burni ng rate of two to thre e bundles of packaged wood per fire ring per night in the summer mont hs and assuming full utilization of all beach fire rings in the Basin, the a pproximately 857 840 Basin fire ri ngs 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 ru le amendments has not been determined. Increasing the number of Rule 445 curtailment da ys would result in relatively little cost increases to the impacted community as there are cost-effective altern atives to burning wood such as gaseous-fueled or electrical heat ing appliances. Addi tionally, the proposed amendments do not change existing mandatory curtailment exemptions provided for low income households or those not serviced by natu ral gas. Costs to fi rewood sellers are also expected to be low as some al ready label products to comply w ith 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 ar e 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 ri ngs 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 Environm ent. The proposed project would reduce air pollution and toxic risk; and not generate secondary significant incremental adverseDraft Staff Report for Proposed Amended Rules 445 and 444

South Coast Air Quality Management District 17 MayApril 2013 environmental impacts. A Notice of Exem ption will be prepar ed pursuant to CEQA Guidelines §15063 – Notice of Exemption, and file d with the county clerks of Los Angeles, Orange, Riverside and San Bernardino countie s immediately following the adoption of the proposed project.



### SOCIOECONOMIC ASSESSMENT

The proposed amendments to Rule 445 would lower from 35 to 30 μg/m 3 the PM 2.5 threshold that is used to declare a mandatory winter burning curtailment. The South Coast Basin residents are required to curtail burning wood whenever a PM 2.5 level of greater than 30 μg/m 3 is forecasted for a monitoring station no t yet attaining the federal 24-hour PM 2.5 standard. The proposed amendments would also require commercial facilities that sell firewood or other wood-based fuel to notif y the public of the AQMD’s Check Before You Burn program through a labeling program. The proposed amendments to Rule 444 woul d limit open burning whenever a mandatory winter burning curtailment under Rule 445 is called for. In addition, the proposal would prohibit open burning at beach es effective January 1, 2015.
Affected Industries The proposed amendments would affect commerci al firewood sellers and the general public who use wood burning fireplaces and other w ood burning devices (including fire rings on beaches). Commercial firewood sellers belo ng 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 fire wood 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 fi rewood 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 PM 2.5 air quality improves and the Basin meets the federal 24-hour PM 2.5 standard (expected in 2014). As a result, the cost impact s 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 regulati on on burning curtailment and, therefore, should be able to comply with the labe ling requirement of the SCAQMD’s Proposed Amended Rule 445 (PAR 445) without signifi cant costs. Additionally, a two year sell through provision has been adde d to allow packaged wood se llers to continue to sell materials that have already been packaged pr ior 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 pub lic are also expected to be minimal as wood burning in the SCAQMD is done mainly for aesthetic purposes a nd there are cost-effec tive alternatives toDraft 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 altern atives 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 beac h fires are conducted. State parks and local businesses could also lose revenues due to reduc tions in number of visitors. Beach cities and local municipalities would lose sales tax revenue s 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 Beac h, each affected local beach ju risdiction 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 requir es staff to address whether proposed rules being considered fo r 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 (Furth er Reductions from Open Burning) from the 2012 AQMP. BCM-01 and BCM-02 are the onl y two measures with emission reductions to attain the federal standard and provide excess reductions as cont ingency measures if needed. The cost-effectivene ss of these control measures was not assessed in the 2012 AQMP, and thus the ranking orde r 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 PU BLIC OUTREACH EFFORTS

PAR 445 The ongoing education/outreach effort will conti nue as part of the Healthy HearthTM program ( http://www.aqmd.gov/hea lthyhearths/index.htm ) since the proposal affects the general public and will likely result in an increase in the number of househol ds 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 specif ic 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 cu rtailment days including a dedicated toll-free phone line (866.966.3293) and list se rve (http://aqmd.enviroflash.i nfo/) by which e-mails are sent to subscribers when a no-burn day is forecast for their particular area. Additional public education/outreach informatio n 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 h ealth effects of wood smoke. Efforts to increase public awareness of the District’s wood smoke reduc tion program may include, but are not limited to, outreach to local government s, interested organizations, and homeowner associations.

9 (Retrieved from http://www.coronadelmartoday.com/34939/home/ huntington-beach-officia ls-say-fire-ring-bancould-cost-that-city-1-million/ and http://www.google.com/#hl=en&q=Calif ornia+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 lo cal 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 info rmation to those affected by the subparagraph (d)(5) labeling requirements imme diately after Rule adoption. As mentioned, sell through provisions have been added that would allow those en tities two years after the implementation date of the labeling requireme nts to sell previously packaged product. Additionally, some of the larger commercial fi rewood facilities may already be subject to labeling requirements in other parts of the St ate. In fact, some packaged products sold locally currently have labels that are re quired by other Californ ia air districts.

PAR 444 Activities subject to existing Rule 444 require ments for agricultural bu rning 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. Additi onal outreach efforts will be implemented to work with jurisdictions responsible for pub lic beach areas regarding the new PAR 444 restrictions. A Request for Propos als (RFP) is also under consider ation 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 requi res the AQMD to adopt written findings of necessity, authority, clarity, consis tency, 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 a ttainment of State and federal PM standards for the South Coast Air Basin, in particular th e federal 24-hour PM2.5 st andard. A need also exists to adopt PAR 445 and 444 to further prot ect 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 sa me 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 ma king specific the provisions of the California Health & Safety Code Section 40001 (rules to achieve am bient air quality stan dards), 40440 (rules to carry out the Air Quality Management Pa n) and 41700 (prohibition of nuisance).

Alternative Control Measures - Health and Safety Code Section 40440.5, subsection (c)(3) requires an analys is of alternative control measures. One alternative is to not adopt the proposed rule amendments; however, the emissi on 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 necess ary to further protect public health. A possible PAR 444 alternative would be for the be ach burning prohibition to beco me effective immediately upon adoption.

Incremental Cost-Effectiveness – Health and Safety Code Section 40920.6 (a)(3) requires the District to perform an incremental cost e ffectiveness 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 appl y 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 re duction strategy under Health and Safety Code Section 40914. Therefore, an incremental co st-effectiveness analysis is not needed.

Comparative Analysis - Health and Safety Code §§40727.2 requires a writ ten analysis comparing the proposed rule with existing federal, State and District re gulations. Health and Safety Code §40727.2, subsection (c) and (d) further require the analysis to review averaging provisions, operating parameters, work practi ce requirements, and monitoring, reporting and recordkeeping requirements a ssociated with existing app licable 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 bur ning 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 al so 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 pr oper fuels, such as seasoned wood of less than 20 percent moisture content. PAR 444 is consistent w ith federal guidance documents on open burning and efforts to improve visibility. Table 5 be low identifies other State and AQMD rules that apply to the sources subject to PAR 445/444. Footnotes expl ain 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 an d 7.5 grams per hour for non-catalytic heatersDraft 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 a nd federal annual averag e and 24-hour air quality standards for PM2.5. The 2012 AQMP, appr oved by the AQMD Governing Board on December 7, 2012 and the CARB Board on January 25, 2013, included control measures to reduce fine particulate emissi ons 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 dire cted that the relevant po rtions 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 f unds 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 hous eholds not subject to wood burning restrictions (e.g., mountain communities, low income, no natural gas service, etc.). AQMD staff is also considering implementati on of a voucher program that would allow the public additional options for choosing low emi ssion 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 445/44 4 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., Adve rse Health Effects from Ambi ent Air Pollution in Relation to Residential Wood Combustion in Modern So ciety, Scandinavian Jo urnal of Work and Environmental Health, 2 003, Volume 29, pages 251-260.

11 Health and Safety Code § 41701 provisions are implem ented primarily in response to public complaints. PAR 445/444 requirements are applicable regardle ss 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 AQ MD 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), Ar ea 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 Tj oa and Daniel L Gillen. The relationship of respiratory and cardiovascula r wildfires of 2003 hospital admissions to the southern California. Occup. E nviron. Med. 66:189-197, 2009. Houck, James E., and Eagle, Brian E. Tech nical Memorandum 4 (Final Report) Control Analysis and Documentation for Residentia l Wood Combustion in th e MANE-VU Region. Prepared for the Mid-Atlantic Regional Ai r Management Association. October 5, 2006. Jacob, D., et al, Fine Partic le and Gaseous Emissions Ra tes from Residential Wood Combustion, Environmental Science a nd Technology, 2000. Volume 34, Pages 2080-2091. Kaiser, J. Mounting Evidence Indicts Fine -Particle Pollution. Sc ience, 307:1858-1861, 2005. Kunzli, Nino, Ed Avol, Jun Wu, W. James Ga uderman, Ed Rappaport, Joshua Millstein, Jonathan Bennion, Rob McConnell, Frank D. Gilliland, Kiros Berh ane, Fred Lurmann, Arthur Winer, and John M. Peters. Health E ffects 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, Gl en R. Cass. The Dist ribution of ParticlePhase Organic Compounds in the Atmosphere and Their Used for Source Apportionment during the Southern California Children’s Hea lth Study. J. Air & Waste Management Assoc. 53: 1065-1079. Naeher, Luke, et al, Woodsmoke Health Eff ects: 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 Distri ct Governing Board Adoption Resolution for Proposed Rule 445, March 2008. http://www.aqmd.gov/hb/2008/March/080337a.html

. South Coast Air Quality Management Distri ct, 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 Mana gement District, 2008. U.S. EPA. Integrated Science Assessment fo r Particulate Matter (Final Report). U.S. Environmental Protection Agency, Wa shington, DC, EPA/600/R-08/139F, 2009. U.S. EPA, AP-42, Section 1.9, Residential Fireplaces, October 1996. U.S. EPA Fact Sheet, Hea lth Effects of Wood Smoke, http://www.epa.gov/woodstoves/healtheffects.htmlDraft 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 Resi dential Fireplaces. Vedal, S. Critical Review. Ambient Partic les and Health: Lines that Divide. JAMA, 47(5):551-581, 1997Draft 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 COMMEN TS 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) exem pts property zoned for commercial uses. Would this language ina dvertently exempt reside ntial 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 desi gned and used for commercial purposes.” Comment 2: Existing section (h) establishes pe nalties 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 Implemen tation Plan. Please re move these provisions from any rule versions submitted to EPA for incl usion in the SIP. Other California Districts (e.g., Bay Area and San Joaquin) appear to incl ude 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 le tters 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 mee ting. Many of the comments on PAR 445/444, the preliminary draft staff report, or the re vised preliminary draft staff report concerned issues brought up by more than one commentat or. The following are general responses to these comments. Following thes e general responses is a summ ary 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 AQ MD should recognize these accomplishments and Rule 445 text shou ld 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 al low U.S. EPA Phase 2 Qualified Fireplaces to be installed in new or existing develo pments in certain area s 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 Qualifie d Fireplaces. As mentioned in the staffDraft 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 Devi ces can currently be installed into existing households constructed prior to March 9, 2009. Appendix B has a list of answers to Frequently Asked Questions (F AQs) and the underlined text has been proposed to further clarify the types of devices, including U.S. EP A Phase 2 Qualified Retrofit Devices that can be installed into existing hous eholds. 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 heater s (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 primar y or secondary source of heat. Fireplace inserts are similar in function and perfor mance 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 ma jor types of wood-burning fireplaces: traditional masonry fireplaces that are typi cally built of brick or stone and are constructed on site by a mason; and “low mass” fireplaces that are e ngineered and pre-fabric ated 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 pr imarily for ambiance and secondary heating 16 In addition to the inherent differe nces between wood heaters and fi replaces described above the devices are subject to two different emissions measurem ent methodologies. Because of these differences it is very difficult to make a comp arison of heating efficiency and emissions between these two general categories of hearth devices. These differe nces 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 agen cy 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 allowi ng U.S. EPA Phase 2 Qual ified devices to be installed in new and existing mountain comm unity developments AQMD staff does not recommend the requested Rule amendment. GR-2: Outreach and public e ducation 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 in stallation of low emission retrofit kits for existing wood burning households. A ll public outreach activities should be conducted in multiple languages to make su re 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 extensiv e public education and outreach program has been a vital component of the H ealthy 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/f ireplacelist.html#fireplacesDraft 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 edu cate the public on the Check Before You Burn program http://www.aqmd.gov/hb/attach ments/2011-2015/2012Sep/2012-Sep7-004.pdf This is in addition to the existing educat ion and outreach efforts included on the AQMD Healthy HearthsTM website. 18 Additional efforts will be explor ed to further enhance the Rule 445 education and outreach program pr ior to the 2013/14 winter season. AQMD staff has reviewed the U.S. EPA Burn wise 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 c ould 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 u pdate 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 bu rning 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 a pproval for the allocation of up to $500,000 or more in funds to help with wood smoke reduction outreach and in centive activities. GR-3: There are too many exemptions incl uded in existing rule 445 and the goal should be to end wood burning fo r unnecessary, aesthetic purposes. Staff Response: Air pollution regulations are typically based on the most stringent measures adopted by other agencies for regions with simi lar 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 wo od in wood burning devices, aesthetic or otherwise, except during periods of poor air qual ity. Restrictions do, however, include limitations on wood burning devi ces 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 requireme nts to further protect public health during days of anticipated poor air quali ty 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 fire places. The existing gas log incentive is a good option for many households but not fe asible 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 pr oducts. 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 additiona l sources of funds to enhance the incentive program and is considering a larger list of low emission h earth 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 hous eholds). The types of

18 http://www.aqmd.gov/hea lthyhearths/index.htmDraft 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-fueledburners and appliances, U.S. EPA Phase IIcertified wood heaters (stove s/inserts), U.S. EPA Phase 2 Qualified Retrofit Devices, manufactured logs and other de vices intended to reduce emissi ons from residential hearth products. The incentive program could also be targeted to areas that typically experience peak PM2.5 concentrations or to low inco me 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 typica lly called during periods of stagnation so it would seem unlikely that emi ssions from coastal or northwestern Basin communities could ever impact inland Basin monitoring si tes. Implementing a curtailment program on a county-wide as opposed to Basin-wide ba sis may be more effective to target areas where elevated PM2.5 levels are forecast an d may be more supported by the public. The exemption provided for low income ho useholds would allow wood burning in communities that currently expe rience peak PM2.5 concentrations. Staff Response: The Basinwide winter burning curtai lment provisions are an important component of the adopted 2012 AQMP residen tial 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 re ceptor areas. While it is acknowledged that wood smoke emissions are less likely to migrat e during extreme stagnation conditions, the emissions that occur during thes e periods do not dissipate quic kly 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 be nefits to inland monitoring sites, even under stagnate conditions. Emissions from low inco me 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 wi nter 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 am ounts than what is currently provided to the general public. Please also refer to the incentiv e discussions under GR-2 and 4. GR-6: The applicability of the Mandatory Winter Burning Curtailment provisions to wood-fired cooking devices but not charc oal grills is unsupportable. A pellet-fueled appliance consists of a highly efficient fa n forced, balanced, carbureted fire which is presumed to have an emissions rate that is similar to a charc oal grill. It is recommended that efforts to control emis sions 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 lim ited to manufactured firelogs, wood or pellet products and does not include charcoal. Rule 445 provisions are currently based on appliance type and this ha s resulted in confusion as appliances are periodically changing. AQMD staf f believes that specifying app licability based on fuel type provides a clear public message as to the days wh en 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 thatDraft 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 “ch arcoal stage” of the burn cycle characterized by a slower burn rate and de creased emissions (EPA, 1996). Establishing curtailment applicability based on fuel type al so clarifies the rule intent by not allowing a person burning wood during a manda tory winter burni ng curtailment to claim that the fire was intended for cooking purposes. Charcoal , as opposed to wood-based products, is specifically designed for cooking fo od and it is therefore more li kely that the person using charcoal during a mandatory winter burning curtailment is genuinely cooking food.

PAR 444

GR-7: Smoke and odor coming from coasta l fire pits is a nuisance for the area’s residents and visitors. The emissions ca n 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 rem nants the following day). Burning painted wood or garbage generates toxic emissions. Staff Response: Staff agrees and this is the genesi s for this proposed amendment. In addition to the prior response, the fuel men tioned exacerbates the pot ential health effects from exposure, even if from a short distance. PAR 444 provisions re lated 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 signif icant 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 Cali fornia 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. W ood smoke from beach fires can affect the public health and is a local exposure risk to the su rrounding 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 regulatio ns have been implemented for all forms of particulate pollution and every effort continue s 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 fi rst 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 G overning Board direction, may be targeted to areas that currently experience peak PM2.5 concentr ations. 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. In dustry has developed retrofit devices that areDraft 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 (RAC T) and Best Available Control Measures (BACM) for wood burning fireplaces by implemen ting a program to require the installation of U.S. EPA Phase 2 Qualified fireplace retrofit devi ces 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 cl eaner, more efficient wood-burni ng appliances. There are two general types of fireplace pr oducts 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 inst allation of U.S. EPA Phase 2 Qualified Fireplaces; however, U.S. EPA Phase 2 Qualified Fireplace Retrof it Devices are not proh ibited by Rule 445 and therefore can be installed in existing wood-burning fireplaces; th at 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 crea te additional expenses for industry and there is no evidence of increased rule co mpliance resulting for product labeling. Staff Response: AQMD staff believes that public e ducation 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 info rm 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 wi nter season and nearly 200,000 contacts this past 2012/13 season. While it is acknowledged that it is no t 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 smok e education and outreach program. Comment 4: Industry has worked closely wi th other air district s to comply with labeling requirements for wood-based fuel produc ts. The district should utilize the same labeling requirements (e.g., toll free nu mber [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 alte rnatives subject to approval of the AQMD Executive Officer. At a minimum, this would include the toll free and website in formation mentioned above but would also include South Coast AQMD-specific information for use by local bulk wood sellers. The compliance opti ons would also ensure the c ontinuance of the South Coast AQMD program in the unlikely event th at 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, base d on the date of implementati on of the labeling provisions, is requested to account for products that were already packaged for sale. Staff Response: PAR 445 has been amended to establis h a six month effective date for product labeling but the net change is not considered signifi cant as this re quirement will primarily be applicable to bul k wood sellers that would be re quired to hand out a one page flyer to customers during the 2013/2014 winter burning season. Sellers of packaged woodbased products will also be su bject to the same six-month effective date but sell through provisions have been added in subparagraph (d)(5)(B) that would al low the sale of any product for up to two years after the six mo nth 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 th ese wood-based fuels exempt fr om 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 a nd used for commercial purposes are exempt from all Rule 445 provisions. A wo od-fired cooking device can be bought, sold, or installed on residential pr operties 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 cu rtailments would apply to unspecified period of time which may be confusing to the public. Staff Response: The PAR 445 Mandatory Winter Burni ng Curtailment definition has been modified to be applicable to any “cal endar 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 clar ify the rule intent and improve compliance. Staff Response: AQMD staff concurs that a clear and consistent message to local government building department staff is necessa ry to ensure rule compliance and that the intended emissions reductions ar e achieved. In addition to presentations made to local governments AQMD staff has developed and made available a list of an swers to Frequently Asked Questions (FAQs) through th e Healthy HearthsTM web site. 19 The FAQ web site

19 http://aqmdstage/rules/doc/r445/Builders_FAQ.pdfDraft 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 De velopments (room additions, remodels, etc.). A copy of the current FAQ page as well as prop osed changes in underline and strike-out are included as Appendix B. As noted in the append ix, changes have been made to clarify that Existing Developments are those where cons truction has ended be fore 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 ex isting wood-burning firepl ace 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 ensu re 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 an d 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 sa le 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 th e public as part of the Healthy HearthsTM outreach materials. As mentioned in res ponse to comment GR-2 AQMD staff will explore linking video information, incl uding information on proper fire wood selection, from the U.S. EPA Burnwise web site to the Healthy HearthsTM website.

PAR 444

Fire Suppression Training Exercises Comment 11: Fire suppression tr aining exercises are exempt from the current version of PAR 444 if certain conditions are met. Do th e proposed Rule 444 amendments change those existing exemption provisions during the newl y 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 provision s 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, ma ke the prohibition effective sooner than January 1, 2015
Comment 13: When would the beach fi re 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 effectiv e 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 cl ose proximity to residential or commercial uses but in some instances there are no inhabi ted structures. Why would the prohibitions apply in these areas? Staff Response: Wood smoke not only presents an e xposure 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 conditio n, high concentrations can trav el and cause distress for anyone with respiratory or cardiovascular ailments. Comment 15: PAR 444 would prohibit open burni ng in beach areas. Would it also apply to camp fires? Why are beach fires target ed when backyard burning is not targeted? Staff Response: As mentioned no changes are proposed for the existing exemptions for recreational/ceremonial burning, cooki ng 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 cu rrently under consideration. Residential fireplaces as well as bBackyard burning device s and the use of such devices are subject to AQMD Rule 445 provisions. Comment 16: It appears the PAR 444 beach bur ning 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 b eaches 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 repor t, 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 provision s 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 allo w 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, co oking 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 li ving 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 blu ff 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 co nsidered beach areas if they are adjacent and used for beach access or recreation. BEACH BURNING means any re creational, ceremonial or open burning conducted in any public coastal area, marked by an accumu lation 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 purpos es of this rule, beach burning does not include the use of charcoal or a gaseous or liquid fuels in the preparation or warm ing of food for human consumption.

Beach Fire Access Comment 20 19: Proponents of rem oving the fire rings argue th at 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 ci ties to remove barriers to the access and use of public spaces. To those with breathing or cardiac di sabilities, 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 pur pose 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 firew ood sales during the third quarter. Staff Response: Staff acknowledges a reduction in park ing revenues. Prohibition of beach burning would reduce PM emissions and pub lic exposure to harmful pollutants. Comment 22 1: Hotels, stores and other busin esses 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 thou sand dollars per year in kits to make campfire smores and the hotel staff has indicated that some client s specifically stay at that hotel due to the proximity to the beach fire rings and th e 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 revi sions is to reduce PM emissions and protect public health. Additionally, during the rule development proc ess 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 w ould 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 reducedDraft 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 wa s informed on the health effects from burning garbage. Better enforcement could be used to ensure than only clea n 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 woul d still contribute to exc eedance of State and federal air quality standards and public exposure to harmful pollutants. As mentioned at the public consultation meeting AQMD staff is explor ing 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 jurisd iction 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 th e local jurisdiction. Staff Response: Although it is recognized that the proximity of fire ri ngs to residential land uses varies in southern California AQMD staff has received comments from residents of both the Cities of Newport Beach and Huntington Be ach 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 cons ider 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 reque sted so that impacted parties can provide additional input and suggestions. Staff Response: The effective date of the PAR 444 b each burning proposal is January 1, 2015. The health effects from wood smoke exposure are well understood and have been summarized in the draft staff re port. 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 al so on our proposed ru le web page at: http://www.aqmd.gov/rules/proposed.html#445_444. Effo rts to improve outreach to affected communities continue. Per AQMD Board reso lution, the public hearing for PAR 444 provisions related to open burning beach areas was rescheduled from May 3 rd to June 7 th

, 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 fire s was estimated. Based on an emission rate of 5.3 grams per kilogram and a lower, more realistic wood burning rate the annualizedDraft 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 ca n 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 bun dle) burned at each of the Basin’s fire rings per night. The PM 2.5 emission factor (22.7 pounds per ton) used is from a California Air Resources Board (C ARB) emissions inventory repo rt and represents estimated emissions from burning cord wood bundles. For reference, the U.S. EPA AP-42 (Compilation of Emissions Factors) PM10 em ission factor for burning cord wood in a fireplace is 34.6 pounds per ton (17.3 grams per k ilogram). The emission rate quoted by the commentator is from a research project anal yzing the chemical char acterization 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 averag e wood burning rate estimate would reduce the emissions estimates. As previously noted, the total number of fire ri ngs has been increased to 857. Comment 27: Emissions from beach fire rings ha ve a negligible effect on air quality or public health. The localized significance thre shold (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 emi ssions 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. Th e LST threshold is used by AQMD staff for individual sources but not fo r 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. Resu lts of air quality sampling downwind from beach areas is a more appropriate indicat or of potential public health impacts.
Comment 28: What is the amount of wood bur ned 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) PM 2.5 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 re sidential wood combustion (Draft Staff Report Table 3) and open burning (D raft Staff Report Table 4). Staff Response: As noted in response to comment nu mber 27, beach fire emissions are a smaller source when compared to residen tial wood combustion and open burning but the PAR 444 beach burning prohibitions would redu ce emissions and protect public health by reducing exposure of potentially high concentr ations of wood smoke. The Open Burning inventory presented in Table 4 of the Fina l Draft Staff report includes emissions from agricultural and prescribed bur ning activity. Emissions estim ates from residential wood combustion (fireplaces) are included in Table 3.

Safety of Alternatives to Tr aditional Open Beach Burning
Comment 29: There have been discussions a bout use of natural gas- or propane-fueled devices on the Basin’s beaches. A fire agen cy expressed concern about potential safety concerns about allowing the publ ic to bring their own gaseous-f ueled 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 gase ous fueled devices. Any decision to install such devices would be at local jurisdiction discretion and the local jurisdiction could include any parameters necessa ry to ensure public safety. As mentioned, a RFP is under consideration to be released to fund a demonstra tion 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 th e 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 jurisdic tions would be involved in the demonstration project(s) and can provid e input on potential safety concerns.

Comparison of Emissions Wood-Based V ersus Gaseous Fuels for Beach Burning Comment 30: Propane produces gaseous em issions such as NOx and carbon monoxide. This proposal seems in conflict with SCAQM D’s plan to reduce NOx emissions. No information has been provided regarding differen ces 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 repor t 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 NO x, 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) ar e 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 NO 2 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 pub lic hearing. The issuance of the public hearing notice was premature and future meeti ngs should be scheduled with appropriate due
process. Staff Response: Under Health and Safety Code prov isions, 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 Ap ril 3, 2013 to meet statutory requirements. As mentioned in re sponse to comment number 25 the public hearing for PAR 444 provisions related to open bur ning on beaches was rescheduled from May 3 rd to June 7 th , 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 view ed 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 de velopments become effective? The requirement to only install gaseous-fueled fireplaces and st oves 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 st arted, whichever is first. What kind of fireplace or stove can be installed in new developments? Any gaseous-or liquid fueled fireplace, firepla ce 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 e ither 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 attach ed 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 cleane r wood burning device can be installed in a new development: 1. properties 3,000 or more f eet in elevation; and 2. properties where there is no existing infrastructure for natural gas service within 150 feet of the pr operty line. The cleaner wood burning devices that could be in stalled under either of these two conditions include:  U.S. EPA Phase II-certified wood h eaters 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 deta ils on the hearth products de fined as cleaner wood burning devices under Rule 445, please refer to the di scussion 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 comme rcial property where c onstruction had finished prior to March 9, 2009. Constructio n is considered finished as of the date of issuance of a use and occupancy permit. When do the standards for existing developmen ts become effective and Wwhat can be built as a new hearth device in existing developments? Beginning September 8, 2008, The the devices in th ree cleaner wood burning categories listed below (and any gaseous-fueled device) can be sol d, 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/pub lications/monitoring/caa/woodstoves/certif iedwood.pdf

2. Pellet-fueled heater Pellet-fueled heaters can be operated on a ny 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/burnwis e/pelletstoves.html 3. Masonry heater (not an open hearth fireplace) Technically listed as any device that meet s the definition included in ASTM E 1602-03, a masonry heater is a site-built or site-assemb led 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 followi ng U.S. EPA web site: http://www.epa.gov/burnwise/ap pliances.html#masonryheaters

What can be installed as a retrofit into an ex isting wood-burning fireplace in an existing development? There are essentially no Rule 445 re strictions as to what can be installed as a retrofit into a fireplace in an existing developmen t. Residents may opt to insta ll a gaseous-fueled, electric or visual product intended to simulate or replac e wood burning or there may be other options. Residents that wish to continue burning w ood but are interested in attempting to reduce emissions may opt to install a variety of pr oducts including a U.S. EPA Phase 2 Qualified Retrofit Device. Additional information on thes e products can be found at the web site below. http://www.epa.gov/burnwise/fireplacelist.html#retrofits Please note that local governments may have speci al codes or provisions when installing devices in fireplaces at existing developments. Also, pl ease 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 developm ents 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 th at it is attached to the ground, floor or wall and is not readily moveable. A free standi ng stove attached to an exhaust system that is built into or through a wall is cons idered permanently installed. What if I need to repair my existing fireplace? An existing wood-burning fireplace can be repaired or replaced a nd would not be subject to the Rule 445 requirements for existing developments pr ovided that the repair or replacement occurs within the same footprint as the existing w ood-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 firepla ce 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 ma sonry heaters (not open hearth fireplaces). Additional information on the U.S. EPA Ph ase 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 "qualif ied" 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 ot her wood-based cooking device at my home? Yes but such devices would be s ubject to the Mandatory Winter Burning Curtailment provisions. Wood-fired cooking devices designe d and used for commercial purposes are exempt from all Rule 445 provisions. Fireplace retr ofit 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, Febr uary 28, 1988 as a wood-fired appliance that is designed primarily for cooking food a nd 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 a bove 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 requireme nts under Rule 445 when buying or selling a home with an existing wood burning fireplace or stove. Additionally, properties that are re gistered as a historical site, or are contribu ting structures located in a Historic Preservation Overlay Zone are exempt from paragraph (d)(2) provisions. Refer to your local city or c ounty agency to determine if your property is within a Historic Protection Overlay Zone.