SACRAMENTO METROPOLITAN 

AIR QUALITY MANAGEMENT DISTRICT

STAFF REPORT 

Rule 417, Wood Burning Appliances

August 29, 2006 

Prepared by: Donny Homer 

Associate Air Quality Engineer

Reviewed by: Kevin J. Williams, Ph.D. 

 Program Coordinator 

 Aleta Kennard 

Program Supervisor

Approved by: Brigette Tollstrup 

Division Manager
Staff Report 

Rule 417 

August 29, 2006, Page 2 

BACKGROUND

Particulate matter (PM) is a mixture of very small liquid droplets and solid particles that are 

suspended in the air. Adverse health effects are linked to particles that are less than 10 

microns in diameter (PM10), and the subset of fine particles that are less than 2.5 microns 

in diameter (PM2.5). According to the U.S. Environmental Protection Agency (EPA), health 

studies have linked exposure to PM, especially fine particles, to several significant health 

problems, including: 

• increased respiratory symptoms, such as irritation of the airways, coughing, or 

difficulty breathing; 

• decreased lung function; 

• aggravated asthma; 

• development of chronic bronchitis; 

• irregular heartbeat; 

• nonfatal heart attacks; and 

• premature death in people with heart or lung disease. 

Exposure to PM pollution can cause coughing, wheezing, and decreased lung function even 

in otherwise healthy children and adults. EPA estimates that thousands of elderly people 

die prematurely each year from exposure to fine particles. In addition, a recent study 

(Dominici et. al, 2006) of the correlation between PM2.5 concentrations and hospital 

admission rates concluded that short-term exposure to PM2.5 increases the risk of 

hospitalization for cardiovascular and respiratory diseases. 

The District is currently designated as a nonattainment area for the state and federal1 PM10 

standards and for the state PM2.5 standard. The 2004 emission inventory for Sacramento 

County shows that wood smoke accounts for 20% of wintertime PM10 emissions and 44% 

of wintertime PM2.5 emissions. Senate Bill 656 (SB 656, Sher, Health and Safety Code 

Section 39614) required the California Air Resources Board (CARB) to develop a list of the 

most readily available, feasible, and cost-effective control measures that could be employed 

to reduce PM emissions, and each air district to adopt an implementation schedule for the 

most cost-effective measures. 

In November of 2004, CARB adopted a list of PM control measures to be considered by 

districts, and on July 28, 2005, the District adopted an implementation schedule for SB656. 

The following measures for wood burning were contained in the SB656 implementation 

schedule: 

• Require use of USEPA-Certified Phase II or equivalent devices 

• Public Awareness Program with either a voluntary curtailment or mandatory 

curtailment 

• Require replacement of non-certified units upon sale of property 

 

1 Based on 1998-2000 monitoring data, EPA made a finding (February 15, 2002 Federal Register, Volume 67, 

Number 32 Page 7082 et.seq) that Sacramento County attained the federal ambient PM10 standard by the 

applicable December 31, 2000 attainment deadline. Note that this EPA finding did not redesignate the 

Sacramento district to attainment. 
Staff Report 

Rule 417 

August 29, 2006, Page 3 

• Restrict number of wood burning fireplaces allowed in new residential developments 

• Control of wood moisture content. Prohibit burning materials that are not intended 

for use in fireplace/heater 

The District committed to complete further study of each of these measures in 2006, and if 

found to be feasible, adopt the measures by the end of 2007. Rule 417 is being proposed 

to implement several of these wood burning measures, while the remainder will be studied 

further for possible adoption in 2007. Specifically, Rule 417 will implement the following 

control measure elements: 

1. Prohibit the installation of any new, permanently installed, indoor or outdoor, 

uncontrolled fireplaces in new or existing developments, 

2. Prohibit the sale, installation, or transfer of any wood burning appliance that is not 

U.S. EPA Phase II certified, or equivalent, 

3. Require proper operation of U.S. EPA Phase II certified wood burning appliances, 

4. Require distribution of educational information about wood burning at point of sale of 

new wood burning appliances, 

5. Require wood advertised as “seasoned” or “dry” to contain 20% moisture or less, and 

6. Prohibit burning of garbage and other items not intended for use as a fuel. 

Restrictions on wood burning appliances have been adopted by several California air 

districts and other local jurisdictions, including: 

• San Joaquin Valley Unified APCD; 

• Yolo-Solano AQMD; 

• Great Basin Unified APCD; 

• Placer County APCD; 

• Shasta County AQMD; 

• Feather River AQMD; 

• San Luis Obispo County APCD; 

• Glenn County APCD; 

• Butte County AQMD; 

• Kern County APCD; and 

• City of Sebastopol. 

Appendix C contains a detailed list of the specific measures adopted by these districts 

and local governments. 

Traditional uncontrolled fireplaces are usually one of two types: site installed masonry 

fireplaces and factory built fireplaces. These units are used primarily for aesthetic purposes 

or to provide space heating. The main source of emissions from these units is from 

incomplete combustion. 

For this rule, control measures for wood burning fall into two categories: improving 

combustion efficiency and replacing fuels. Improved combustion controls include EPA 

certified wood stoves and proper burning techniques. Replacement fuels include natural 

gas and electricity. 
Staff Report 

Rule 417 

August 29, 2006, Page 4 

Proper burning techniques focus on proper fuel selection and fire building. Wood with 

moisture content of 20 percent or less, known as “dry” or “seasoned”, burn hotter and faster, 

since less heat is required to remove the water from the wood. This leads to more complete 

combustion. Properly shaping the fire also improves the combustion efficiency. Providing 

information on proper burning to the public will lead to improved adoption rate of proper 

burning technique. Additionally, setting a moisture standard for wood advertised as “dry” or 

“seasoned” will ensure that consumers seeking to reduce their impact on emissions of wood 

smoke will not be thwarted in their efforts. 

Wood stoves are wood burning appliances that are enclosed to control combustion air. 

EPA certified stoves employ either non-catalytic or catalytic systems, to provide for more 

complete combustion of the exhaust stream. These units are either stand alone or installed 

into walls, either as a new unit or into existing fireplaces. Pellet stoves burn pellets made 

from wood products, and utilize fuel and active air management systems to control the 

combustion efficiency. Masonry heaters are large units designed to burn a fire quickly, 

absorb the heat within the structure, and release the heat slowly. In addition to increasing 

combustion efficiency, many stoves have fan systems to circulate heated air into the home, 

increasing the thermal efficiency. 

The most widely used alternate fuel is natural gas. Simple systems employ natural gas 

piped into a hearth with gas logs to produce the look of a wood burning fire. Natural gas 

inserts are installed into walls or existing fireplaces and can be equipped with fan systems 

to circulate heated air into the home. 

Another alternative to wood burning is an electric fireplace. Electric fireplaces use lights or 

other means to simulate fire, and can include electric space heating elements, fan systems 

to circulate heated air into the home, and air filtration. 

LEGAL MANDATES 

Federal Mandate: The District has attained the current federal PM2.5 standard, and has 

attained the federal ambient PM10 standard (though the EPA has not yet redesignated it). 

The District is expected to be designated nonattainment for the new federal PM2.5 

standard. The new federal PM2.5 standards are due in September 2006, with 

nonattainment designation expected in November 2009 and attainment plans due by 2013. 

Emission reductions from residential wood combustion are expected to be necessary to 

attain the federal PM2.5 standard. 

State Mandates: 

 The District is currently designated as a nonattainment area for the state PM10 and PM2.5 

standards. SB656 required ARB to adopt a list of the most feasible and cost effective 

control measures to make progress towards state and federal PM10 and PM2.5 standards. 

Districts were then required to adopt an implementation schedule for measures by July 31, 

2005. On July 28, 2005, the District adopted the following schedule for control measures for 

wood burning fireplaces and wood burning heaters. 
Staff Report 

Rule 417 

August 29, 2006, Page 5 

PM Control Measures and Schedule 

If Cost-effective Emission Benefit 

Determined Control Measure 

Further 

Study 

Completed Consideration 

by the Board 

If adopted, Full 

Implementation Date

Require use of USEPA-Certified 

Phase II or equivalent devices 2006 2007 2008 

Public Awareness Program with 

either a voluntary curtailment or 

mandatory curtailment 

2006 

2007, if 

mandatory 

curtailment 

needed 

2007 

Require replacement of noncertified units upon sale of 

property 

2006 2007 2008 

Restrict number of wood burning 

fireplaces allowed in new 

residential developments 

2006 2007 2008 

Control of wood moisture 

content. Prohibit burning 

materials that are not intended 

for use in fireplace/heater. 

2006 2007 2008 

 Proposed Rule 417 implements several of these control measures in advance of the SB656 

schedule. Other control measures to be studied further include mandatory curtailment, 

replacement of noncertified units upon sale of property, and density restrictions for new 

wood burning appliances. 

SUMMARY OF REQUIREMENTS

Rule 417 applies to any person who manufactures, sells, offers for sale, installs, or operates 

a wood burning appliance, and to any person who sells, offers for sale, or supplies wood 

intended for burning in a wood burning appliance. Rule 417 will:

1. Prohibit the installation of any new, permanently installed, indoor or outdoor, 

uncontrolled fireplaces in new or existing developments, 

2. Prohibit the sale, installation, or transfer of any wood burning appliance that is not 

U.S. EPA Phase II certified, or equivalent, 

3. Require proper operation of U.S. EPA Phase II certified wood burning appliances, 

4. Require distribution of educational information about wood burning at point of sale of 

new wood burning appliances, 

5. Require wood advertised as “seasoned” or “dry” to contain 20% moisture or less, and 

6. Prohibit burning of garbage and other items not intended for use as a fuel. 

The rule allows for the installation of pellet stoves and masonry heaters as an alternative to 

traditional fireplaces. Due to the requirements set forth in Title 40 Code of Federal 

Regulations, Part 60, Subpart AAA, most appliances in these classes are unable to receive 
Staff Report 

Rule 417 

August 29, 2006, Page 6 

certification2. However, these devices have emission factors that are even lower than 

certified wood stoves. Therefore, they are included as allowable alternatives to traditional 

fireplaces. 

Except for the prohibition against burning garbage, existing fireplaces and non-certified 

wood stoves are not affected by this rule. Existing appliances installed in homes for sale 

are not affected by this rule. Chimineas and outdoor firepits, which are designed for 

portable, outdoor use, are not covered by the rule. These items will be evaluated in the 

Further Study Measure. 

EMISSIONS IMPACT

Targeted EIC Categories and Inventory 2004 

The CARB emissions inventory for wood burning in Sacramento County is summarized 

in the following table. Annual PM10 emissions are 1,718 tons per year, and PM2.5 

emissions are 1,654 tons per year. 

 Annual Average Emissions

CES/EIC Codes Material 

Description

VOC Emissions

tpd 

NOx Emissions 

tpd 

PM10 

Emissions tpd 

PM2.5 

Emissions tpd

610-600-0230-0000 Wood Comb - 

Wood Stoves 0.357 0.069 0.764 0.736 

610-602-0230-0000 Wood Comb - 

Fireplaces 1.657 0.317 3.943 3.796 

Total 2.014 0.386 4.707 4.532 

The largest impact of proposed Rule 417 will be to limit the amount of PM emissions from 

new development. Based on projected housing construction rates3

 and typical existing 

installation and usage rates for Sacramento County, emissions of PM10 would increase by 

84.2 tons in 2006 and by a similar amount each subsequent year. PM2.5 emissions, based 

on the ratio of PM2.5 to PM10 used in the CARB estimate would be 81.0 tons per year. 

The emissions reductions are based on the assumption that new developments being built 

will mirror existing installation and usage patterns. Emissions are based on the following 

assumptions: 

• 39% of residences have fireplaces 

• 71% of residences with fireplaces burn wood 

• 35% of residences with fireplaces burn manufactured logs 

• 56% of fireplace use is for aesthetic (not heating) purposes 

• The average wood usage per residence that burn wood is 0.92 cords per year 

• The average manufactured log usage per residence that burn wood is 19 logs per 

 

2 Title 40 Code of Federal Regulations, Part 60, Subpart AAA definition of wood heater includes the 

following criteria: an air-to-fuel ratio less than 35-to-1, and a maximum weight of 1,760 lb. Pellet stoves typically 

have an air-to-fuel ratio greater than 35-to-1. Masonry stoves typically weight more than 1,760 pounds. 

3 20,000 new units to be constructed in 2006 (Nevin, 2006). 
Staff Report 

Rule 417 

August 29, 2006, Page 7 

year 

• 33% of residences have wood stoves or fireplace inserts. No reductions are 

calculated from these units, since this rule will not affect how any new installations of 

these units would occur (current Federal rules only allow certified units). 

Based on these usage numbers and emission factors, the total emissions of PM10 from all 

of the residences built in a year will be 84.2 tons. The amount of reduction will vary based 

on the method of compliance with the rule chosen. Detailed calculations and data sources 

are presented in Appendix D. 

The main requirement of this rule is the prohibition of the installation of traditional open 

hearth fireplaces. The most effective option for compliance with this requirement would be 

for affected residential and commercial units to have no other fuel burning appliance 

installed. This would lead to a 100% reduction in emissions from future fireplaces. 

However, it is not expected that a significant number of affected parties will choose this 

option. 

A nearly as effective option as no fuel burning appliance is to install electric fireplaces 

instead of wood burning fireplaces. These are a combination of electric space heaters and 

simulated flames. The heating elements can often be operated independent of the flames. 

Since the heating element for these systems is an electric resistor, no emissions are 

produced at the source; therefore there is a 100% reduction in emissions. 

Another option is to install natural gas-fired appliances instead of wood burning fireplaces. 

Within this choice, there are several options, ranging from plumbing a hearth for natural gas 

with ceramic gas logs, to large fireplace inserts with sealed (combustion air intake from 

outdoors) chambers, electronic ignition and controls, and blowers for hot air exchange for 

space heating. Due to the low PM10 emissions from burning natural gas, this option will 

lead to a 99.9% reduction in emissions. 

The final option is to install either an EPA Phase II certified wood stove/insert, masonry 

heater, or pellet-fueled wood burning stove. These appliances control emissions through a 

combination of techniques, including controlling air flow, regulating burning rate, promoting 

more complete combustion, and improving thermal efficiency. These appliances both have 

lower emissions per pound of wood and reduce the amount of wood consumed. This option 

will lead to an 85.4% reduction in emissions. 

• In order to determine the overall reduction, the District has assumed an expected 

ratio of compliance options, based on current installation patterns. The key 

assumption is that 39% of new residences to be built that would have installed a 

traditional wood burning fireplace (7800 units) will install some other type of 

appliance. Additionally, the following assumptions are used: 

• 23%4

 of total new homes will be natural gas (4600 units) 

 

4

 60% of new hearth appliance installations are natural gas (Crouch). 60% natural gas x 39% homes with appliance 

= 23% of total new homes with natural gas. 1% is the minimum amount used for this calculation. The remaining 

balance of new units will be a certified appliance. 
Staff Report 

Rule 417 

August 29, 2006, Page 8 

• 1% of the total new homes will install electric appliances (200 units) 

• 15% of total new homes will install certified appliances (3000 units) 

The control measures in the Rule are expected to reduce PM10 emissions 79.5 tons in the 

first year of implementation. The emissions reduction should continue to increase by the 

same amount each subsequent year. 

Rule 417 will also reduce NOx emissions. The main mechanism for this control is the 

reduction in wood use, since the increased efficiency of certified devices requires 89% less 

wood to be combusted for an equal amount of useful heat, compared to traditional 

fireplaces. This leads to a reduction in NOx emissions of 5.5 tons per year. 

COST IMPACT

Section 40703 of the California Health and Safety code requires that the District consider 

and make public its finding relating to the cost effectiveness of implementing an emission 

control measure. 

Cost to Businesses: The proposed rule will require builders to either not build fireplaces or 

install appliances compatible with the rule. While not installing any fireplace or wood 

burning appliance would save the builder cost, consumer demand in some cases is 

expected to require installation of some other option. Therefore, the cost to the builders will 

be the increased cost of purchasing and installing certified stoves or other units. 

The following table shows the range of additional cost of installing a compliant wood burning 

appliance or other device in place of a traditional wood burning fireplace. This cost is 

expected to be passed on to home buyers. 

Device 

Incremental 

Capital/Installation 

Cost (per unit) 

Total Cost* 

($/yr) 

Electric Fireplace $400 $3,120,000 

Natural Gas Insert $500 $3,900,000 

EPA Certified Phase II Wood Stove Non-Catalytic $2500 $19,500,000

* Total cost of compliance for each type of device if all fireplaces that would have been 

constructed or installed use each option (7800 units). For example: 7800 electric fireplaces 

cost $3.1 million. 

Cost to Public: As discussed above, the cost of the additional equipment required by the 

builders is likely to be passed on to home buyers. However, the additional cost is less than 

0.7% of the median price of a home5

 in Sacramento county, and is not expected to have a 

large impact on the affordability of new houses or the housing market in general. 

Additionally, the use of required appliances will result in reduced fuel costs. The average 

fuel cost per home for a traditional fireplace is $92.14 per year. The potential cost savings 

are presented in the following table. 

 

5 $375,000 as of December 2005, (Sacramento Association of Realtors) 
Staff Report 

Rule 417 

August 29, 2006, Page 9 

Device Fuel Use Cost Savings6

($/unit•yr) 

Fuel Use Cost Savings 

($/yr) 

Electric Fireplace $86.37 $17,273 

Natural Gas Insert $43.73 $201,154 

EPA Certified Phase II 

Wood Stove, Non-Catalytic $66.95 $200,852 

Overall Rule Cost Effectiveness: The cost effectiveness of the rule is dependent on the 

compliance methods chosen. To calculate the overall cost effectiveness for the proposed 

rule, the District has assumed a mixture of compliance methods. The detailed calculations 

are presented in Appendix D. The overall cost effectiveness is estimated to be $4.19 per 

pound of PM10. To put these costs into perspective, it is useful to compare with the cost 

effectiveness for other District rules. It should be noted that most of the District’s existing 

rules are for controlling ozone precursors, usually VOC or NOx. Therefore, there are no 

rules to compare PM10 cost effectiveness against directly. When compared to the cost 

effectiveness for VOC and NOx rules, though, Rule 417 is near the lower end of the range 

of costs imposed by other District rules. For example, the cost effectiveness of the gasoline 

dispensing regulations (Rule 449, Transfer of Gasoline into Vehicle Fuel Tanks; 12/17/1991 

rule amendments), is at the high end of the cost effectiveness range, costing $17/lb of VOC 

in today's dollars. Rule 452, Can Coating (8/21/1990 rule amendments), is at the low end of 

the range at a cost of $1/lb of VOC in today's dollars. Therefore, the cost effectiveness of 

Rule 417 is near the lower end of the range of costs imposed by other District rules.

Cost to the District: The cost to the District consists of the additional staff time needed to 

evaluate building permits, perform inspections to ensure compliance with the rule, and the 

cost of providing educational information to wood burning appliance retailers. Staff 

estimates the proposed amendments will result in the need for an additional 0.41 FTE (full 

time equivalent), and $2,200 per year for the production of educational information. 

SOCIOECONOMIC IMPACT

CHSC Section 40728.5 requires a district to perform an assessment of the socioeconomic 

impacts before adopting, amending, or repealing a rule that will significantly affect air quality 

or emission limitations. The District Board is required to actively consider the 

socioeconomic impacts of the proposal and make a good faith effort to minimize adverse 

socioeconomic impacts. 

CHSC Section 40728.5 requires discussion of: 

1. The type of industry or business, including small business, affected by the proposed 

 

6 Electric fireplaces, when used for aesthetic purposes only, are essentially lighting appliances. No 

operational costs are associated with their use for this purpose. There are costs for using electric fireplaces for heat. 

Usage of natural gas for aesthetic use is not expected to require the use of the full capacity of natural gas stoves due 

to the firing range of these units. The District assumes the natural gas stoves would be utilized to 66% of their 

capacity for aesthetic use. 
Staff Report 

Rule 417 

August 29, 2006, Page 10 

rule or rule amendments. 

2. The impact of the proposed rule or rule amendments on employment and the 

economy of the region. 

3. The range of probable costs, including costs to industry or business, including small 

 business. 

4. The availability and cost-effectiveness of alternatives to the proposed rule or rule 

 amendments. 

5. The emission reduction potential of the rule or regulation. 

6. The necessity of adopting, amending, or repealing the rule or regulation to attain 

state and federal ambient air standards. 

Type of industry or business, including small business, affected by the rule: Rule 417 

applies to the installation and use of wood burning appliances. This rule will affect large and 

small businesses, as well as the general public. Large businesses affected include the 

building industry and manufacturers of wood burning appliances. Examples of small 

businesses affected are retailers, chimney sweeps, wood suppliers, restaurants, and hotels. 

Anyone in the general public who burns wood will also be affected by this rule. 

Impact of Rule 417 on employment and the economy in the District: This rule is 

expected to have minimal impact on employment and the economy. The industry most 

affected by this rule is the building industry. While the requirement to install alternatives to 

traditional fireplaces will require some adjustment on their part, the rule is not expected to 

cause any slowdown in construction. While some jobs within the industry may be reduced, 

(e.g., masons), the reduction should be offset by an increase in others (e.g., stove 

installers). Since this rule is targeted at new installations, it is not expected to have any 

impact on existing wood usage and sales by wood suppliers. Future growth in wood sales 

for use in fireplaces is expected to be reduced from 3.6% to 1.4% (with the 1.4% growth 

being used in wood stoves). Some of this reduction will be diverted to an increase in natural 

gas use. 

The expected cost to the public is expected to be minimal. The initial cost will be built into 

the purchase price of a home, and ongoing use will provide a cost savings in fuel use. 

Range of probable costs of Rule 417: The estimated costs per household for compliance 

with the rule are listed in the table below, based on the method of compliance. The initial 

cost will be offset by ongoing savings in fuel cost. 

Compliance Method Incremental Compliance Cost ($/unit) 

Electric Fireplace $400 

Natural Gas Insert $500 

EPA Certified Woodstove $2500 

Availability and cost-effectiveness of alternatives to the Rule 417: One alternative to 

the proposed rule changes is not to adopt the proposed rule. However, the PM emission 

reductions from this rule will assist the District in meeting federal and state PM10 and 

PM2.5 air quality attainment goals. In addition, adoption of this rule implements several of 

the measures required by SB656. 
Staff Report 

Rule 417 

August 29, 2006, Page 11 

Another alternative is to set a density restriction for the installation of fireplaces. This would 

allow for the installation of a limited number of uncontrolled fireplaces, which produce more 

emissions and burn more wood. This would lower the emission reduction benefits from the 

proposed rule. 

Three additional control measures will be included in a Further Study measure: mandatory 

curtailment, replacement of noncertified units upon sale of property, and density restrictions 

for all wood burning appliances. These measures are not mutually exclusive, and each can 

provide emissions reductions in addition to those provided by proposed Rule 417. If found 

to be feasible, these measures will be considered for adoption in 2007. 

The emission reduction potential of Rule 417: The proposed rule will achieve an 

emission reduction of 79.5 tons of PM10 per year in the first year of implementation, and the 

benefits will increase by this amount each year as additional housing units are built (See 

discussion under Emissions Impact). 

The necessity of adopting, amending, or repealing the rule or regulation to attain 

state and federal ambient air standards: The proposed amendments to Rule 417 are 

necessary to comply with feasible and most effective control measures requirements of 

SB656 and to provide PM10 and PM2.5 emission reductions that contribute to attainment of 

the state and federal particulate matter standards. 

INCREMENTAL COST EFFECTIVENESS ANALYSIS 

Pursuant to Health and Safety Code Section 40920.6(a)(3), the District is required to 

perform incremental cost effectiveness analysis prior to adopting rules to meet the 

requirements for Best Available Retrofit Control Technology (BARCT). Rule 417 is not 

being adopted to meet a BARCT requirement; therefore an incremental cost-effectiveness 

analysis is not needed. 

OTHER FACTORS: 

Technological Feasibility: Staff evaluated the technological feasibility of the proposed 

rule. All technologies required are readily available and have been in use for some time. 

Some remodeling may be needed to install new units into existing structures, but this is a 

common service provided by retailers. Additional compliance options may become 

available in the future if fireplaces that can meet the EPA Phase II emissions limits are 

developed. 

Enforceability: The compliance of installed devices can be determined by verifying the 

model of an installed unit. The EPA maintains a list of Phase II certified wood burning 

appliances. Additionally, any certified appliance is required to carry a certification plate. 

Natural gas units will carry certification to the applicable ANSI standard. The moisture 

content of seasoned or dry wood can be determined by ASTM Test Method D 4442-92. 

Public Acceptability: A number of districts have adopted similar measures. Many of these 
Staff Report 

Rule 417 

August 29, 2006, Page 12 

programs have been in effect since the early to mid-1990’s. The San Joaquin and YoloSolano districts have rules which include most of the measures included in Rule 417. 

SECTION 40727.2(a) ANALYSIS OF RULE 417 

Section 40727.2(a) of the Health and Safety Code mandates that the District prepare a 

written analysis of the proposed Rule. Section 40727.2(a) also allows the District to put this 

analysis in a matrix form. The matrix analysis of Rule 417 is presented as Appendix A. 

PUBLIC COMMENTS 

Staff held a public workshop to discuss proposed Rule 417 on August 14, 2006. Staff 

received and addressed comments and questions at the workshop. Staff made the 

appropriate changes to the rule and Staff Report based on some of the comments received. 

Additionally, Staff met individually with the Sacramento Realtors Association on February 

10, 2006, and with the Building Industry Association on July 12, 2006 to brief them on the 

proposed rule and the effect it would have on them. All associated comments and 

responses have been included in Appendix E of this Staff Report. 

ENVIRONMENTAL REVIEW AND COMPLIANCE 

Proposed Rule 417 does not create new requirements that may have an adverse effect 

on the environment. Pursuant to state CEQA Guidelines, the District's Environmental 

Coordinator finds that the adoption of the proposed rule is exempt from CEQA (Class 8 

Categorical Exemption, Action by Regulatory Agencies for Protection of the 

Environment; §15308 State CEQA Guidelines). 

California Public Resources Code (Section 21159) requires an environmental analysis of 

the reasonably foreseeable methods of compliance. The proposed rule will not increase 

emissions and will not cause any significant adverse effects on the environment; therefore 

the Environmental Coordinator has concluded that no environmental impacts will be caused 

by compliance with the proposed rule. 

FINDINGS

The California Health and Safety Code, Division 26, Air Resources, requires local Districts 

to comply with a rule adoption protocol as set forth in Section 40727 of the Code. This 

section has been revised through legislative mandate to contain six findings that the District 

must make when developing, amending, or repealing a rule. These findings, effective 

January 1, 1992, and their definitions are listed in the table below. 
Staff Report 

Rule 417 

August 29, 2006, Page 13 

Rule 417 – Required Findings 

FINDING FINDING DETERMINATION 

Authority: The District must find that a provision of law 

or of a state or federal regulation permits or requires the 

District to adopt, amend, or repeal the rule. 

The District is authorized to amend Rule 417 by California 

Health and Safety Code (HSC) Sections 40001, 40702, 

40716 and 41010. [HSC Section 40727(b)(2)]. 

Necessity: The District must find that the rulemaking 

demonstrates a need exists for the rule, or for its 

amendment or repeal. 

The District is required by HSC Section 39614 (SB 656) 

to adopt the most cost-effective local measures for 

controlling particulate matter from the list developed by 

CARB. Rule 417 implements several of the wood burning 

measures from the CARB list. [HSC Section 

40727(b)(1)]. 

Clarity: The District must find that the rule is written or 

displayed so that its meaning can be easily understood 

by the persons directly affected by it. 

The District has reviewed the proposed rule and 

determined that it can be understood by the affected 

parties. In addition, the record contains no evidence that 

people directly affected by the rule cannot understand the 

rule. [HSC Section 40727(b)(3)]. 

Consistency: The rule is in harmony with, and not in 

conflict with or contradictory to, existing statutes, court 

decisions, or state or federal regulations. 

The District has found that the proposed rule does not 

conflict with, and is not contradictory to, existing statutes, 

court decisions, or state or federal regulations. [HSC 

Section 40727(b)(4)]. 

Non-Duplication: The District must find that either: 1) 

The rule does not impose the same requirements as an 

existing state or federal regulation; or (2) that the 

duplicative requirements are necessary or proper to 

execute the powers and duties granted to, and imposed 

upon the District. 

Subpart AAA of 40CFR Part 60 (Standards of 

Performance for New Residential Wood Heaters) sets 

standards for new wood heaters but does not apply to 

traditional fireplaces. Rule 417 does not duplicate the 

federal requirements because it requires any new wood 

burning appliance, including a fireplace, to conform to the 

federal emission standards. [HSC Section 40727(b)(5)]. 

Reference: The District must refer to any statute, court 

decision, or other provision of law that the District 

implements, interprets, or makes specific by adopting, 

amending or repealing the rule. 

In adopting the proposed rule, the District is implementing 

the requirements of HSC Section 39614 (SB 656). [HSC 

Section 40727(b)(6)]. 

Additional Informational Requirements: In complying 

with HSC Section 40727.2, the District must identify all 

federal requirements and District rules that apply to the 

same equipment or source type as the proposed rule or 

amendments. 

The matrix included in Appendix A compares Rule 417 to 

the applicable federal and District requirements. [HSC 

Section 40727.2]. 

REFERENCES

1. Nevin, Alan. "What Lies Ahead?: Homebuilding in 2006 to Back Off Slightly," California Builder, 

January/February 2006. 

2. Broderick, David R., and Houck, James E. 2003. “Emissions Inventory Improvement Program 

(EIIP) Residential Wood Combustion Coordination Project” 

3. Dominici, Francesca, Peng, Roger D., Bell, Michelle L., Pham, Luu, McDermott, Aidan, Zeger, 

Scott L., and Samet, Jonathan M. “Fine Particulate Air Pollution and Hospital Admission for 

Cardiovascular and Respiratory Diseases” The Journal of the American Medical Association, 

Vol. 295, No. 10, March 8, 2006. 

4. Houck, James E., Scott, Andrew T., Sorenson, Jared T., Davis, Bruce S., and Caron, Chris. “Air 

Emissions Comparisons Between Cordwood and Wax-Sawdust Firelogs Burned in Residential 
Staff Report 

Rule 417 

August 29, 2006, Page 14 

Fireplaces” 

5. Houck, James. 2003. “Results of Wood Burning Survey – Sacramento, San Joaquin, and San 

Francisco Areas, University of California Berkeley/California Air Resources Board – GIS Study” 

6. Houck, James, and Tiegs, Paul. 1998. “Review of Fireplace Use and Technology” 

7. STAPPA-ALAPCO, EPA, Emissions Inventory Improvement Program. 2001. “Residential Wood 

Combustion”, Volume III, Chapter 2 

8. U.S. Environmental Protection Agency, Compilation of Air Pollutant Emission Factors, Volume I 

Stationary Point and Area Sources, AP-42, Section 1.4 – Natural Gas Combustion, 1998 

9. U.S. Environmental Protection Agency, Compilation of Air Pollutant Emission Factors, Volume I 

Stationary Point and Area Sources, AP-42, Section 1.9 – Residential Fireplaces, 1996 

10. U.S. Environmental Protection Agency, Compilation of Air Pollutant Emission Factors, Volume I 

Stationary Point and Area Sources, AP-42, Section 1.10 – Residential Wood Stoves, 1996 
Staff Report 

Rule 417 

Appendix A 

August 29, 2006, Page 15

Appendix A 

40727.2 Matrix for Proposed Amendments to Rule 417, Wood Burning Appliances 

 Comparative Requirements 

Elements of 

Comparison 

Specific 

Provisions 

Proposed 

Rule 417 

40CFR60 

Subpart AAA 

Exemptions Cookstoves Cookstoves 

Averaging 

Provisions 

 none none 

Units g/hr g/hr 

 Catalytic Units: 4.1 g/hr 

Non-Catalytic Units: 7.5 g/hr 

Catalytic Units: 4.1 g/hr 

Non-Catalytic Units: 7.5 g/hr 

Emissions 

Limits 

Compliance 

alternatives 

Pellet stoves, masonry heaters none 

Operating 

Parameters 

 Air-to-Fuel ratio less than 35-to-1 Air-to-Fuel ratio less than 35-to-1 

Work Practice 

Requirements 

 none none 

Monitoring/ Recordkeeping none none 

Records Frequency None none 

Monitoring/ 

Testing 

Test Methods Wood Moisture Content, ASTM 

D4442-92 

Test methods: 

-PM: Method 28 

-Emissions Concentration, if a 

dilution tunnel sampling location uses: 

Method 5G 

-Emissions Concentration, if a stack 

location is used: Method 5H 
Staff Report 

Rule 417 

Appendix B 

August 29, 2006, Page 16

Appendix B 

SUMMARY OF PROPOSED AMENDMENTS

Rule 417, Wood Burning Appliances 

NEW 

SECTION 

NUMBER

EXISTING 

SECTION 

NUMBER PROPOSED LANGUAGE 

101 N/A Sets the purpose of the rule to limit PM emissions from wood 

burning appliances. 

102 N/A Sets the rule applicability to anyone that manufactures, sells, installs, 

or operates a wood burning appliance. 

103 N/A Incorporates the District’s standard severability language in case the 

rule is challenged in court. 

110 N/A Sets an exemption for gaseous fuel fired appliances that are certified 

to one of several ANSI standards. 

111 N/A Sets an exemption for cookstoves. 

112 N/A Sets an exemption from section 304 for commercial fire-starting 

products. 

201 N/A Sets the definition of a builder as any individual or company that 

constructs and/or sells any residential or commercial, single or multibuilding unit with a wood burning appliance. 

202 N/A Sets the definition of a coating as a material which is applied to a 

surface and which forms a film in order to beautify and/or protect 

such surface. 

203 NA Sets the definition of a cookstove as described in 40 CFR 60.531. 

204 N/A Sets the definition of a fireplace as any permanently installed 

masonry or factory built device designed to operate with an air-tofuel ratio greater than or equal to 35-to-1. 

205 N/A Sets the definition for garbage as any solid, semisolid, or liquid 

wastes generated from residential, commercial, and industrial 

sources, including trash, refuse, rubbish, industrial wastes, asphaltic 

products, manure, vegetable or animal solid or semisolid wastes, 

and other discarded solid or semisolid wastes. 

206 N/A Sets the definition of a manufacturer as any person who constructs 

or imports a wood burning appliance. 

207 N/A Sets the definition of a masonry heater as a permanently installed 

device constructed mainly of masonry materials with an enclosed 

chamber, a gas path through the internal heat exchange channels 

downstream of the firebox that includes at least one 180 degree 

change in flow direction before entering the chimney, and a large 

mass (> 1760 lb) designed to absorb and re-radiate heat. 

208 N/A Sets the definition of paints as any exterior and interior house and 

trim paints, enamels, varnishes, lacquers, stains, primers, sealers, 

undercoaters, roof coatings, wood preservatives, shellacs, and other 

paints or paint-like products. 
Staff Report 

Rule 417 

Appendix B 

August 29, 2006, Page 17

NEW 

SECTION 

NUMBER

EXISTING 

SECTION 

NUMBER PROPOSED LANGUAGE 

209 N/A Sets the definition of paint solvents as any organic solvents sold or 

used to thin paints or to clean up painting equipment. 

210 N/A Sets the definition of a pellet-fueled wood burning heater as any 

wood burning heater which is operated on pellet-fuel, and is either 

U.S. EPA Phase II certified, or exempted under U.S. EPA 

requirements set forth in Title 40 CFR, Part 60, Subpart AAA. 

211 N/A Sets the definition of permanently inoperable as modified in such a 

way that a device can no longer operate as a wood burning 

appliance. 

212 N/A Sets the definition of permanently installed as built or installed in 

such a manner that the device is attached to the ground, floor, or 

wall, and is not readily movable. A free standing stove that is 

attached to an exhaust system that is built into or through a wall is 

considered permanently installed. 

213 N/A Sets the definition of a retailer as any person engaged in the sale of 

wood burning appliances directly to the consumer. 

214 N/A Sets the definition of seasoned wood as wood of any species that 

has been sufficiently dried so as to contain 20 percent or less 

moisture by weight. 

215 N/A Sets the definition of solid fuel as any wood, non-gaseous, or nonliquid fuel. 

216 N/A Sets the definition of solvent as any liquid containing a volatile 

organic compound or combination of volatile organic compounds, 

which is used to perform cleaning or thinning of paints or coatings. 

217 N/A Sets the definition of treated wood as wood of any species that has 

been chemically impregnated, painted, or similarly modified to 

improve resistance to insects or weathering. 

218 N/A Sets the definition of U.S. EPA as the United States Environmental 

Protection Agency. 

219 N/A Sets the definition of U.S. EPA Phase II Certified as any appliance 

certified by the U.S. EPA to meet the performance and emission 

standards set forth in Title 40 CFR, Part 60, Subpart AAA. 

220 N/A Sets the definition of volatile organic compound as defined in Rule 

101. 

221 N/A Sets the definition of waste petroleum product as any petroleum 

product, other than gaseous fuels, that has been refined from crude 

oil, has been used, and has been contaminated with physical or 

chemical impurities as a result of use. 

222 N/A Sets the definition of a wood burning appliance as any fireplace, wood 

burning heater, or pellet-fueled wood heater, or any similar enclosed 

device burning any solid fuel used for aesthetic or space-heating 

purposes, which has a heat input of less than one million British 

thermal units per hour (Btu/hr). 
Staff Report 

Rule 417 

Appendix B 

August 29, 2006, Page 18

NEW 

SECTION 

NUMBER

EXISTING 

SECTION 

NUMBER PROPOSED LANGUAGE 

223 N/A Sets the definition of a wood burning heater as an enclosed, wood 

burning appliance capable of, and intended for space heating as 

described in Title 40 CFR Section 60.531. 

301.1 N/A Prohibits the sale or installation of any wood burning appliance that 

is not U.S. EPA Phase II certified, a pellet-fuel stove, a masonry 

heater, or capable of meeting the emissions standards in 40 CFR 

60, Subpart AAA. 

301.2 N/A Prohibits the sale or installation of any used, working wood burning 

appliance that does not meet the requirements of 301.1 

301.3 N/A Requires retailers to distribute wood burning information with the 

sale of each wood burning appliance. 

302 N/A Requires installation and operation of wood burning appliances to 

manufacturer’s specifications. States that previously certified stoves 

modified out of manufacturer’s specifications are not considered 

U.S. EPA Phase II certified. 

303 N/A Requires wood advertised as “dry” or “seasoned” to have a moisture 

content of 20 percent or less. 

304 N/A Prohibits burning of materials not intended for use as fuel by the 

manufacturer in new or existing wood burning appliances. 

401 N/A Requires manufacturers to demonstrate, upon request, that 

appliances subject to 301 meets the standards set forth in Title 40 

CFR, Part 60, Subpart AAA. 

501.1 N/A Sets the test for air-to-fuel ratio as EPA Test Method 28A. 

501.2 N/A Sets the test for moisture content as ASTM Test Method D 4442-92. 
Staff Report 

Rule 417 

Appendix C 

August 29, 2006, Page 19

Appendix C 

Measures Adopted by Other Districts 

District Rule(s) 

Number Control Measure 

Retailer Public Information and Mandatory Curtailment 

No new wood stove or wood burning fireplace insert unless it is 

EPA Phase II certified or is a pellet-fueled wood burning heater 

Upon sale or transfer of real property each wood burning heater 

must be EPA Phase II certified, a pellet fueled wood burning 

heater, permanently rendered inoperable, or removed. 

No wood burning fireplaces in new residential development with 

density greater than 2 dwelling units per acre. No more than 2 

EPA Phase II certified wood burning heaters per acre in new 

development with density of ≥ 3 dwelling units per acre. No more 

than 1 wood burning fireplace or wood burning heater per dwelling 

unit in any new development with density ≤ 2 dwelling units per 

acre. 

San Joaquin 

Valley Unified 

Air Pollution 

Control District 

Rule 

4901 

Wood moisture content of 20% or less for seasoned wood, and 

Prohibited Fuel Types 

Retailer Public Information 

No new wood heating device unless it is EPA Phase II certified or 

equivalent (includes fireplaces) 

Yolo-Solano 

Air Quality 

Management 

District 

Rule 

2.40 Wood moisture content of 20% or less for seasoned wood, and 

Prohibited Fuel Types 

Pollution Reduction Education Program and Mandatory 

Curtailment 

No new solid fuel burning appliance unless it is EPA Phase II 

certified (includes any fireplace or wood heater) 

Upon sale or transfer of a majority interest in any real property 

existing non-certified solid fuel appliances shall be replaced, 

removed, or rendered inoperable 

Great Basin 

Unified Air 

Pollution 

Control District 

 – Town of 

Mammoth 

Lakes 

Rule 

431 

No more than 1 solid fuel appliance in any dwelling or 

nonresidential property 

Voluntary Curtailment 

No new wood heating device unless it is EPA Phase II certified 

(does not include fireplaces) and Fireplaces in new construction 

must either use EPA Phase II certified insert or meet <7.5 

grams/hour of total particulate matter 

Tehama 

County Air 

Pollution 

Control District 

Rule 

4:27 

Prohibited Fuel Types 

Feather River Voluntary Curtailment 

Air Quality 

Management 

District 

Rule 

3.17 

No new wood heating device unless it is EPA Phase II certified 

(does not include fireplaces and wood cook stoves) 

 
Staff Report 

Rule 417 

Appendix C 

August 29, 2006, Page 20

District Rule(s) 

Number Control Measure 

No new wood heating device unless it is Oregon certified or <9 

grams/hour for noncatalytic or <4 grams/hour for catalytic (does not 

include fireplaces) Placer County 

 Air Pollution 

Control District 

for Squaw 

Valley 

Rule 

225 

Installation and use of wood fired appliances (excludes fireplaces) 

shall be limited to one certified appliance per commercial or single 

family residential structure approved after 7/1/86, and wood fired 

appliances or fireplaces shall not be used in multiple unit 

residential developments approved after 7/1/86 

Voluntary Curtailment 

No new wood heating device unless it is EPA Phase II certified 

(does not include fireplaces and wood cook stoves) and Fireplaces 

in new construction must either use EPA Phase II certified insert or 

meet <7.5 grams/hour of total particulate matter 

Shasta County 

Air Quality 

Management 

District 

Rule 

3:23 

Prohibited Fuel Types 

Retailer Public Information and Voluntary Curtailment 

No new wood heating device unless it is EPA Phase II certified 

(includes fireplaces) 

San Luis 

Obispo County 

Air Pollution 

Control District 

Rule 

504 Wood moisture content of 20% or less for seasoned wood, and 

Prohibited Fuel Types 

Voluntary Curtailment 

No new wood heating device unless it is EPA Phase II certified 

(does not include fireplaces) and Fireplaces in new construction 

must either use EPA Phase II certified insert or meet <7.5 

grams/hour of total particulate matter 

Glenn County 

Air Pollution 

Control District 

Prohibited Fuel Types 

Retailer Public Information 

No new wood heating device unless it is EPA Phase II certified 

(includes fireplaces) 

Butte County 

Air Quality 

Management 

District 

Rule 

207 

Prohibited Fuel Types 

Education Program and Voluntary Curtailment 

No new wood heating device unless it is EPA Phase II certified or 

is a pellet-fueled appliance or is a dedicated gas log fireplace or 

gas stove (includes fireplaces) 

Remove or replace non-certified units when interior remodel or 

renovation requires a building permit, the work exceeds $3500, 

and the work is in the same room as the unit, and Effective June 1, 

2005, it unlawful to use non-certified wood heaters within the City 

of Sebastopol except in the case of hardship. Effective June 1, 

2007 non-certified wood heaters are no longer allowed for hardship 

cases which are sole source of heat, a temporary source of heat, 

or an inadequate alternative source of heat. 

City of 

Sebastopol 

Chapter 

15.70 

Prohibited Fuel Types 

 
Staff Report 

Rule 417 

Appendix C 

August 29, 2006, Page 21

District Rule(s) 

Number Control Measure 

Retailer Public Information 

No new wood heating device unless it is EPA Phase II certified 

(does not include fireplaces) Kern County 

Air Pollution 

Control District 

Rule 

416.1 No person shall install a wood burning fireplace in a new 

residential subdivision which will consist of 20 or more dwelling 

units.
Staff Report 

Rule 417 

Appendix D 

August 29, 2006, Page 22

Appendix D 

Rule 417, Wood Burning Appliances 

Emissions Calculations and Cost Analysis

The baseline emissions for new units being constructed are based on historical usage patterns. 

 Emissions are calculated as follows: 

Emissions = (Number of Homes Built) x (fraction of homes w/ fireplaces) x (fraction of homes w/ 

fireplaces that burn) x (Average amount of wood burned per home) x (EFburning) 

The emissions for both cord wood burning and manufactured logs are calculated for the total 

emissions. 

The reduction in emissions is calculated for the different compliance options. The emissions for 

aesthetic use are based on matching the burn time for fires that would have been lit. The burn 

time is calculated as 

Burn Time = (Total amount of wood that would have been burned) ÷ (Burn Rate of wood) 

The emissions for the controlled burning are calculated as 

New Emissionsaesthetic = (Burn time) x (EFcontrolled burning by time) 

The emissions for heating use are based on matching the useable heat that would have been 

generated by the fires lit. The amount of heat generated is calculated as 

Heat Output = (Total amount of wood that would have been burned) x (Heat content of Wood) x 

(Thermal Efficiency of Fireplace) 

The emissions for the controlled burning are calculated as 

New Emissionsheat = [(Heat Output ÷ Thermal Efficiencycontrolled burning) ÷ (Heat content of Wood)] x 

(EFcontrolled burning by time) 

The total emissions reduction is based on the percentage of each compliance method used. 

The District has assumed compliance percentages for the purposes of calculating emissions 

and costs. The emissions reduction is calculated as 

Emissions Reduction = (Emissions) – [(New Emissionscertified stove aesthetic x fraction of adoption) + 

(New Emissionscertified stove heat x fraction of adoption) + (New EmissionsNG 

aesthetic x fraction of adoption) + (New EmissionsNG heat x fraction of 

adoption)+ (New Emissionselectric aesthetic x fraction of adoption) + (New 

Emissionselectric heat x fraction of adoption)] 
Staff Report 

Appendix D 

Rule 417 

August 29, 2006, Page 23 

The cost for compliance with this rule is the difference between the added cost of installation of 

the equipment to comply with the rule and the saving due to reduced fuel usage. The cost of 

installation is the additional cost of the equipment over a traditional fireplace, taking into account 

the different percentage of each type of unit to be installed. The total cost of all the units 

installed is amortized over the expected life of the unit, which is estimated at 15 years, using the 

capital recovery equation. A 7% interest rate is assumed in the equation and the assumption 

will be made that the equation has no salvage value at the end of the fifteen-year cycle.

Annualized Capital Cost: A = [P * i(I+1)n

]/[(I+1)n-1] 

Where: A = Annual Cost 

 P = Present Value 

 I = Interest Rate (7%) 

 n = Equipment Life (15 years) 

The fuel cost savings for the compliant equipment is calculated as the difference between the cost 

of wood for traditional fireplaces and the cost of fuel for the compliant options. The cost of wood 

includes the fact that a percentage of wood is obtained at no cost. The cost of NG includes the 

assumption that the NG heater will not be fired at full capacity for aesthetic use due to the increased 

heat output. There is no cost assumed for aesthetic use of electric fireplaces, since they are 

basically light appliances in that capacity. The cost savings is calculated as 

Cost Savings = (Total amount of wood that would have been burned x cost of wood) – [(Cost of 

Woodcertified stove aesthetic x fraction of adoption) + (Cost of Woodcertified stove heat x 

fraction of adoption) + (Cost of NGaesthetic x fraction of adoption) + (Cost of 

NGheat x fraction of adoption)+ (Cost of Electricity heat x fraction of adoption)] 

The total cost is 

Total Cost = (Annualized Capital Cost) – (Cost Savings) 

The cost effectiveness of the rule is 

Cost Effectiveness = (Total Cost) ÷ (Emissions Reduction) 

The variables used and the calculations are summarized in the following tables: 
Staff Report 

Appendix D 

Rule 417 

August 29, 2006, Page 24 

Source

New Residence Construction 20000 Units per year Nevin, 2006

Total Residences 502142 Units SACOG Projections 12/16/04

% of Homes w/ fireplace 39% Houck, 2003

% of Homes w/ fireplace that burn wood 71% Houck, 2003

% of Homes w/ fireplace that burn Manufactured logs 35% Houck, 2003

% of New Home w/fireplace installing NG 60% John Crouch, HPBA

Average Wood Usage Per Household that burns wood 0.92 cord/home Houck, 2003

Average Manufactured Log Use Per Household that 

burns wood 19 Log/yr Houck, 2003

Percent of Wood that is Purchased 51.4% Houck, 2003

Heating Value of Wood 6,050 Btu/lb Representative of Certifed Units

Heating Value of Manufactured Log 15,700 Btu/lb Houck, Wax-Sawdust Firelogs

Uncontrolled Fireplace EF 34.6 lb PM10/ton of wood AP 42 1.9

Controlled (non-catalytic) Fireplace EF 14.6 lb PM10/ton of wood AP 42 1.10

Manufactured Log EF 10.7 lb PM10/ton of log Houck, Wax-Sawdust Firelogs

NG PM10 EF 0.007 lb/MMBtu AP 42 1.4

Thermal Efficiency Fireplace 7% Houck, 1998

Thermal Efficiency Certified Fireplace 63% Representative of Certifed Units

Thermal Efficiency NG Fireplace 75% Houck, 1998

Incremental Cost to install Certified Fireplace Insert 2,500.00 $ John Crouch, HPBA

Incremental Cost to install NG Fireplace Insert 500.00 $ John Crouch, HPBA

Incremental Cost to install Electric Fireplace 400.00 $ John Crouch, HPBA

Cost of Wood (per Cord) 215.00 $ Staff Survey

Cost of Manufactured Log (per Log) 3.00 $ Staff Survey

Cost of NG ($/MMBtu) 18.40 $ Staff Survey

Cost of Electricity ($/kWh) 0.08 $ Staff Survey

Burn Rate of Wood in Fireplace 6.60 lb/hr Houck, 1998

Burn Rate of Manufactured Log in Fireplace 3.00 hr/log Houck, Wax-Sawdust Firelogs

Median Burn Rate Certified Fireplace Insert 3.16 lb/hr Representative of Certifed Units

Heat Input Rate NG Insert 30,000 BTU/hr Staff Survey

Volume Cord of Wood (exluding void space) 79 ft3/cord EIIP

Density of Pacific Hardwood 24 lb/ft3 EIIP

Weight of Manufacuted Log 4.95 lb/log Broderick, 2003

Wood Burning Statistics & Information

Information
Staff Report 

Appendix D Rule 417 August 29, 2006, Page 25 

New Residence Construction 20000 Units per year Aesthetic Use 56%

Heating Use 44%

Expected Compliance Option No fireplace Certified Stove Natural Gas Stove Electric Fireplace Total% 61% 15% 23% 1% 100%# total 12200 3000 4600 200 2000Capital Cost (Annualized, total) 823,459.69 $ 252,527.64 $ 8,783.57 $ 

Total Fuel (Aesthetic) (90,550.84) $ (42,513.17) $ (10,319.13) $ 

Total Fuel (Heating) (110,300.98) $ (158,641.32) $ (6,954.01) $ 

Total Fuel (200,851.82) $ (201,154.48) $ (17,273.14) $ 

Total Cost 622,607.87 $ 51,373.15 $ (8,489.57) $ 665,491.45 $ 

Unit Uncontrolled Emissions (lb/yr) 21.6 21.6 21.6 65Unit Controlled Emissions (lb/yr) 3.2 0.0 0.0 3Unit Reduction (lb/yr) 18.4 21.6 21.6 62Total Uncontrolled Emissions (lb/yr) 64806 99369 4320 168,496Total Controlled Emissions (lb/yr) 9463 90 0 9,553Total Reduction (lb/yr) 55343 99279 4320 158,943Percent Reduction 85.4% 99.9% 100.0% 94.3%Overall Cost Effectiveness ($/ton) 22,499.82 $ 1,034.92 $ (3,929.99) $ 8,373.97 $ 

Overall Cost Effectiveness ($/lb) 11.25 $ 0.52 $ (1.96) $ 4.19 $ 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 26 

Appendix E

Public Comments 

Written Comments

Hearth, Patio & Barbecue Association (HPBA) (August 2, 2006) 

Comment #1: The definition of a fireplace should be amended to include the 

following alternatives: a burn rate over 5 kilograms per hour, or 

over 800 kilograms in weight. 

Response: Staff has modified the definition of a fireplace to include the 

alternatives. 

Comment #2: The definition of a masonry heater should be changed to include 

the ASTM E 1602-03 definition. 

Response: Staff has modified the definition of a masonry fireplace to 

reference ASTM E 1602-03. 

Comment #3: The definition of permanently inoperable is not germane to this 

rule. 

Response: Permanently inoperable is an exemption condition from the 

prohibition of sale for used appliances, and therefore needs to be 

defined. 

Comment #4: HPBA does not understand the nexus between the prohibition of 

new fireplace installations and the woodsmoke problem in Del 

Paso Manor. The staff report should also reflect that this rule will 

have very little impact on production homes, since over 90% of the 

new homes built in the county are currently constructed with gas 

fireplaces. 

Response: The purpose of this rule is not to reduce the woodsmoke only in 

Del Paso Manor. Woodsmoke consists mostly of PM2.5, and can 

exist throughout the county, and reductions are therefore targeted 

county wide. 

This rule will require that no new traditional fireplaces are installed 

anywhere in the county in the future because these appliances 

emit up to ten times more PM than an EPA Phase II Certified 

appliance. Current building trends are subject to change. Part of 

the current trend in new construction is due to other land use 

efforts of the District and local jurisdictions. This rule also serves 

to reinforce those efforts. 

Comment #5: Section 301.1(d) should be changed to include the possibility of 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 27 

including a new clean burning fireplace. 

Response: While the staff is aware of the efforts to develop a clean burning 

fireplace standard, the standard is not currently available for 

evaluation. Staff therefore cannot recommend the inclusion of the 

standard in the rule at this time. When the standard is finalized, 

the staff will evaluate whether the rule should be reopened to 

include it. 

Comment #6: HPBA is concerned that section 301.2 encouraged consumers to 

“render permanently inoperable” all wood burning appliances. 

They suggest that the rule language focus this section on antique 

woodstoves. 

Response: The section noted does not require people to render permanently 

inoperable all wood burning appliances. This section is intended 

to prohibit all old used devices from being transferred or imported 

if they are capable of polluting Sacramento air in some new 

location. It will allow stoves, which may have visual appeal even if 

unused, to be sold or transferred. Therefore, it requires that upon 

sale, used non-certified devices be made permanently inoperable. 

Comment #7: HPBA is concerned that section 301.3 would force their retailers to 

find information to distribute. They also state that definitive 

information on proper sizing is not available. 

Response: The District will be producing and providing educational 

information for distribution. The requirements laid out in this 

section are for anyone who wishes to use other material. Staff 

has removed the sizing requirement. 

Comment #8: The requirement (Section 401) that a manufacturer submit 

information directly to the APCO is burdensome and duplicative. 

Response: This requirement (Section 401) does not require all manufactures 

to submit information on all appliances. This requirement ensures 

that the District can obtain this information in the event that other 

means of compliance with standards (for example EPA 

Certification) is not otherwise available. 

Comment #9: HPBA supports regulations that encourage the removal and 

destruction of uncertified woodheaters. They regret that this rule 

does not address this issue more directly. 

Response: This rule only implements the first phase of control possible for 

residential wood burning. Additional rulemaking dealing with 

replacement of non-certified units upon sale of property is being 

considered. Additionally, the District encourages the removal and 

replacement of older devices, and is sponsoring a change-out 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 28 

program for uncertified devices, with monetary incentives. 

Comment #10: HPBA supports full enforcement of any provision of a rule, 

particularly as it pertains to seasonal retailers, such as large home 

centers. 

Response: The District will fully enforce all provisions of this rule, including 

the sales provision at seasonal retailers and large home centers. 

Natural Pest Control and Firewood (NPC) (August 11, 2006)

Comment #1: The media will spread the message that the District has restricted 

the use of wood in homes and barbecues. 

Response: While the District cannot control the media, the District often has 

opportunities to respond to media requests. If given the 

opportunity, the District will convey the proper message. 

Comment #2: Wood is an abundant, local energy source that reduces 

dependence on foreign energy sources and has a net zero effect 

on carbon dioxide emissions. The District should include a 

statement of intent recognizing the contribution of wood to energy, 

and stating that the District is not intending to curtail the use of 

wood for heat or barbecues. 

Response: This rule does not prohibit the burning of wood. This rule does not 

affect cookstoves or portable barbecues. Staff is still evaluating 

other wood burning measures. 

This rule does not address carbon dioxide emissions. 

Comment #3: When I deliver seasoned wood to customers, many store them in 

ways that it will get wet when it rains. The District should compel 

homeowners to keep the wood dry. 

Response: Staff recognizes that wet wood can be an issue, and will work to 

educate and encourage the public to take steps to keep their 

wood dry. This rule does not include measures to prohibit burning 

wet wood, so a requirement to keep wood dry is not included. 

Duraflame (August 14, 2006)

Comment #1: Duraflame believes the estimate of an approximate 5% reduction 

in PM from wood smoke is overstated, in contrast to the San 

Joaquin Valley APCD estimate of 1-2% reduction. 

Response: There is a key difference between Rule 417 and San Joaquin’s 

rule that affect the different reductions. San Joaquin’s rule still 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 29 

allows for the installation of traditional fireplaces, which would lead 

to a smaller reduction. Additionally, San Joaquin’s calculations 

are based on the projected growth of the emissions inventory. 

The District’s calculations are based on projected regional growth 

in housing construction and Sacramento specific surveys of wood 

burning use. 

Comment #2: The principal measure to ban installation of wood burning 

fireplaces in new homes is unnecessary and will have very little 

impact on reducing emissions from residential wood combustion. 

Response: Part of the purpose of this rule is to limit the growth of emissions 

from residential wood smoke. Given that the region will most 

likely be in non-attainment for the new Federal PM2.5 standard 

and is already in non-attainment for State PM2.5 standards, the 

District is pursuing all available particulate emissions reductions. 

Staff calculations estimate a yearly reduction 158,943 pounds of 

PM as result of this rule. 

Comment #3: Duraflame advocates implementing episodic controls first, then 

implementing new installation restrictions if needed. 

Response: The District is currently implementing a wintertime Spare the Air 

program for voluntary curtailment on the worst days, before the 

major provisions of this rule become active. Mandatory 

curtailment is being examined for possible implementation at a 

future date. 

Comment #4: Section 112 should be modified to specifically include 

manufactured firelogs. 

Response: The exemption in Section 112 applies to Section 304, which 

includes a prohibition of materials not intended by the 

manufacturer for use as solid fuel in a solid fuel burning appliance. 

 Since manufactured firelogs are intended for use as fuel in a solid 

fuel burning device, Section 304 would not apply to them. 

Therefore, staff feels it is unnecessary to include this specific 

exemption. 

Comment #5: Section 301.1(d) should be changed to include the possibility of 

including the new clean burning fireplace. 

Response: See response to comment #5 from HPBA. 

Comment #6: Duraflame supports public awareness programs to educate 

citizens on how to reduce emissions from burning wood. 

Duraflame feels such information should include the use of 

manufactured logs as a cleaner burning method. 

Response: Staff is currently reviewing the studies, in particular the 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 30 

appropriateness of a comparison of a large wood fire versus one 

manufactured log, specifically to use in the Sacramento area, to 

estimate the relative benefits or adverse impacts from the use of 

manufactured logs. This effort is ongoing and the results will be 

reflected in public information made available six months after rule 

adoption. 

Comment #7: Duraflame supports an episodic, two stage curtailment with an 

exemption for clean burning devices from a voluntary first stage 

curtailment. 

Response: See response to comment #3 from Duraflame. 

Comment #8: Duraflame recommends a density restriction that would allow for 

the installation of some traditional fireplaces, as well as an 

exemption for any clean burning device. 

Response: There have not been studies to substantiate appropriate density 

level restrictions. Therefore, in order to achieve the maximum 

reduction from the ban of new installations of fireplaces, staff has 

recommended an effective density restriction of zero for traditional 

fireplaces. The rule as proposed does not include any type of 

density restrictions for the types of appliances allowed. Even 

without these provisions, the rule has relatively low cost compared 

to other District rules.Therefore, staff does not recommend use of 

density restrictions. This does not include any new clean burning 

fireplace standard that may arise in the future. See response to 

comment #5 from HPBA for further discussion. 

Comment #9: The District should consider the growth in greenhouse gases from 

the use of natural gas as a result of this rule. Has the District 

considered what a significant increase in natural gas use could do 

to strain supplies and the increased release of greenhouse 

gases? 

Response: Staff estimates natural gas use for this rule would increase by 12 

MMscf per year, or approximately a 0.06% increase in residential 

natural gas use for Sacramento (based on installation of 4600 

natural gas stoves in place of traditional fireplaces). On a useful 

heat basis, the use of wood in a traditional fireplace releases 2.3 

times more CO2 than natural gas. 

Public Workshop Comments (August 14, 2006) 

Comment #1: How will this rule be enforced, especially for things like seasoned 

wood and installation of devices? 

Response: Staff will be responsible for enforcement, including random 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 31 

inspections of new construction to ensure only compliant 

appliances are being installed. The seasoned wood provision will 

be enforced on a complaint basis. 

Comment #2: Who will be responsible for testing seasoned wood? 

Response: The District will be responsible for testing wood available at 

retailers and wholesalers to determine moisture content if it is 

deemed necessary. 

Comment #3: What if the wood gets wet? Especially since the majority of the 

wood is bought in the winter. 

Response: Any wood testing would be done on a representative sample, so 

the wettest piece of wood on the top of the pile would not be a 

good candidate for testing. Additionally, the entire piece is not 

likely to absorb water in one rain event. In the event of a continual 

rain event, enforcement would take the conditions into 

consideration. If all else fails, the wood could be sold as 

unseasoned, since this rule does not prohibit the sale of 

unseasoned wood.

Comment #4: My neighbor burns pressure treated wood. Is this against 

regulation? What should I do? 

Response: Burning pressure treated wood would be a violation of section 

304, if adopted. Depending on the exact material, such wood may 

also contain a federally listed hazardous material, which cannot be 

burned. You may direct a complaint to District enforcement staff, 

which will take appropriate action. 

Comment #5: Is your study for the City of Sacramento? How does wood 

particulate matter compare to diesel truck particulates and 

pollution generated in other areas? 

Response: The study in question (wintertime PM2.5 emission by source) 

represents information for the county of Sacramento. It shows 

that 44% of wintertime PM2.5 emissions are the result of 

woodsmoke. In comparison, motor vehicle emissions, of which 

diesel trucks are a subset, accounts for 6%. 

Comment #6: Are these figures yearly? Who did this study? 

Response: This information represents the average daily wintertime PM2.5 

emissions. This information is based on emission inventory data, 

and may be found at the following website: Forecasted Emissions 

by Summary Category CCOS Domain Planning Projections

(http://www.arb.ca.gov/app/emsinv/ccos/fcemssumcat_cc212.php)

Comment #7: I don’t remember the wood smoke levels being this high on the 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 32 

ARB inventory. 

Response: This information represents the average daily wintertime PM2.5 

emissions. The commenter may have been looking at the annual 

average, which would have lower numbers. 

Comment #8: Many tests, including ones from the EPA, show that Duraflame 

logs burn cleaner than firewood and their use should be 

encouraged. Duraflame supports regulation of wood smoke due 

to the high levels of PM in the winter. Public information is vital to 

wood smoke regulation. Episodic controls, such as 

mandatory/voluntary no burn days and public education have 

been shown to be the best way to achieve reductions. The order 

of this regulation against wood smoke is wrong. Prohibiting open 

fireplaces should come after public education and episodic 

controls. You should also specify that commercial logs are 

cleaner burning than regular firewood. 

We are eager to work with the district on the public education side 

of this regulation. We are disappointed that the promotion of 

commercial logs as a cleaner burning fuel is not included in the 

staff report. It has been show that commercial logs burn 2/3 

cleaner than firewood. 

Response: See responses to comments from Duraflame letter (8/14/06). 

Comment #9: When will this program start? 

Response: The first provisions of the rule (advertising requirement, prohibition 

of garbage burning, prohibition of selling used, noncompliant 

appliances) would start upon adoption of the rule, scheduled for 

September 28, 2006. The distribution of educational material 

would be effective six months after adoptions, and the prohibition 

of installation of non-compliant appliances would be effective one 

year after adoption. 

Comment #10: Will there be variations of no-burn that you are recommending 

such as only burning seasoned wood or less amounts of wood? 

Response: The exact message for voluntary curtailment for Spare the Air is 

still being formulated. Staged curtailment with different levels of 

restrictions based on the Air Quality Index (AQI) is being 

examined as a possible message. 

Comment #11: Will these recommended no-burn days be based on individual 

testing locations? Will the recommended no burn days be based 

on meteorology or testing results? 

Response: The forecasting of the AQI is based on a mix of both 

meteorological and monitoring data. The monitoring sites are 

located throughout the Sacramento region, with 3 sites within 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 33 

Sacramento county. 

Comment #12: What is the web site address? 

Response: The Districts web site is www.airquality.org. Spare the Air 

information can be found at www.sparetheair.org. 

Comment #13: Will the state of the inversion layer affect the PM levels? 

Response: Inversions layers are one factor that can affect PM levels. 

Comment #14: I am a firewood dealer owning two locations in Sacramento 

County. I circulated a one page briefing about the proposed rule 

to other firewood dealers and potentially affected sources in the 

area. The main concern is that this rule will cause the “alarmists” 

to think that all wood burning has been banned. I will read from a 

letter that I have sent to the staff...[reads letter]...There are 25 

million trees in the surrounding areas that can eventually be used 

as fuel. The media will take this rule and make it seem like wood 

burning has been banned. This will cause a freeze in the firewood 

sales and this abundant local fuel source will go unutilized. 

Because of this, our dependency on foreign fuels will increase, 

creating more problems. Our President has stated that our 

dependence on foreign fuels must be greatly reduced. 

My company has delivered 25 to 30 million cords of wood to the 

residents of this area. My customers put their wood under 

awnings of their house and out in the open. When it rains, the 

wood collects water from being in the open or from the roof runoff 

of the house. Because the wood I sell gets wet, this rule may 

accuse me of selling noncompliant wood. Only a small 

percentage of the people who buy wood store it properly. There 

should be a provision in this rule to allow for someone to choose 

to install an open fireplace if they keep their wood in a wood shed 

and only burn wood with 20% or less moisture. The real problem 

is not the fireplaces themselves, but the people burning wet wood. 

 My wood, if stored properly, creates very little smoke as 

compared to wet wood. I have not heard anyone once promote 

the use of dry wood or the proper storage of firewood. 

You must educate the public on proper wood burning methods 

and you must state in the rule language and make it clear that 

wood burning is allowed so the media does not run away with it. 

Response: See responses to comments from NPC letter (8/11/06). 

Comment #15: I have wood in my commercial wood yard but don’t have a wood 

shed. I take the necessary efforts to keep the wood dry such as 

storing it on a pallet, but still the top layer of wood does get wet 

and it would not test compliant as seasoned wood. 

Response: Any wood testing would be done on a representative sample, so 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 34 

the wettest piece of wood on the top of the pile would not be a 

good candidate for testing. Additionally, the entire piece is not 

likely to absorb water in one rain event. In the event of a continual 

rain event, enforcement would take the conditions into 

consideration. If all else fails, the wood could be sold as 

unseasoned, since this rule does not prohibit the sale of 

unseasoned wood. 

Comment #16: I see no problem with an open fireplace as long as wood is dry 

and burned properly. Additionally, a fireplace insert is like a piece 

of jewelry, where people are very particular about the style, color, 

material, and overall look of the insert that they have. Because 

people are so particular about their wood burning inserts, it will 

encourage builders to install gas inserts. I think builders should 

be allowed to create a placeholder for an insert. That way the 

buyer can choose and install the insert that they want. 

Response: Emissions from open fireplaces are much greater than certified 

appliances. On an equivalent heat basis, the emissions can be as 

much as ten times greater. Therefore, the District is seeking to 

prevent the growth of this emissions source in favor of cleaner 

technology. There is nothing in the rule to prevent builders from 

offering any of the compliant wood burning appliance options 

(EPA Phase II Certified wood burning heaters, pellet stoves, or 

masonry heaters). 

Comment #17: Gas inserts will definitely be the most prevalent appliance installed 

in new development. Has the District considered the price of 

natural gas and the possibility of the cost increasing drastically in 

the future? Most builders will comply with the rule by installing 

gas inserts due to differences in price. 

Response: See response to written comment # 9 from Duraflame. Cost 

estimates were base on fuel prices in early 2006. While market 

forces may cause prices to change, all available fuels are subject 

to change. 

Comment #18: It will also encourage the installation of pellet stoves. The pellets 

for these stoves are manufactured in Canada, which would 

increase our foreign fuel demand. 

Response: Pellet stoves are just one of the cleaner options available for 

burning wood. 

Comment #19: An open fireplace can be clean burning if the person is burning the 

right kind of fuel. 

Response: Emissions from open fireplaces are much greater than certified 

appliances. On an equivalent heat basis, the emissions can be as 

much as ten times greater. Therefore, the District is seeking to 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 35 

prevent the growth of this emissions source in favor of cleaner 

technology. 

Comment #20: Will people be able to use pollution credits instead of complying 

with the rules? 

Response: There is no option in this rule that allows for the exchange of 

emission credits for the installation of traditional fireplaces. 

Comment #21: Firewood is recognized as the only fuel source that has a net zero 

CO2 emission. Natural gas produces much more CO2 than wood 

ever will. 

Response: See response to written comment #9 from Duraflame. 

Comment #22: How will the incentive program be implemented? How will you 

decide who will get the incentives? Is it based on need? 

Response: A separate incentive program will target low income residents. 

For details of the incentive program, please refer to the District 

website (http://www.airquality.org/woodstove/index.shtml). 

Comment #23: How much does a clean wood burning insert cost? 

Response: A basic certified wood burning stove/insert starts at $1500. 

Comment #24: How will this voucher program offset the costs of an EPA certified 

wood burning insert? Chances are it won’t even cover 50% of the 

cost. Additionally, you are starting this incentive program at the 

beginning of wood burning season when costs of inserts are high. 

Response: The incentive will have multiple phases and is an ongoing 

program which will be adjusted as it develops. For details of the 

incentive program, please refer to the District website 

(http://www.airquality.org/woodstove/index.shtml). 

Comment #25: I am glad you are making an effort to reduce wood smoke. I know 

when it is a cold winter day by the smell of wood smoke in the air. 

 I very much support the actions of the district. 

Response: Comment noted. 

Comment #26: My main requests are that a preface is put into the rule that states 

that the rule is not a ban on wood burning and that some public 

education is done to show the effects of burning wet wood and 

how to store wood properly. Wood should be stored on pallets 

above ground or in a wood shed. Many people try wrapping wood 

in plastic to keep it dry but this method will cause mold and 

mushrooms to grow on the wood, which is harmful if burned. 
Staff Report 

Appendix E 

Rule 417 

August 29, 2006, Page 36 

Response: See response to comment #3 from NPC. Proper method of wood 

storage will be included in the District’s educational efforts. 

Comment #27: ARB has put out an advice manual on proper wood burning and 

storage and some of the techniques you have talked about should 

be incorporated into this manual. 

Response: Comment noted. 

Comment #28: How does this affect new subdivisions? 

Response: The primary effect on new subdivisions will be the prohibition of 

the installation of new, traditional fireplaces. 

Comment #29: Are there any density restrictions? Clarify why you decided to go 

with the proposed rule first instead of a density restriction? 

Response: See response to written comment #8 from Duraflame. 

Comment #30: How long have you been working on this rule? 

Response: This rule is in part a response to SB 656, for which the District 

adopted an implementation schedule on July 28, 2005. This rule 

has been in active development since January 2006. 

Comment #31: What if someone is burning wet wood? Could the District stop 

them? How would the process work? 

Response: This rule does not include measures to prohibit burning wet wood. 

The District will actively engage in education to inform the public 

of the negative effects of burning wet wood. Additionally, any 

particular nuisance complaints can be directed to the District for 

follow-up.