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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 262

HEAT SMART PROGRAM FOR RESIDENTIAL WOODSTOVES
AND OTHER SOLID FUEL HEATING DEVICES

340-262-0400

Purpose and Applicability of Rules

(1) The State of Oregon promotes the use of cleaner solid fuel burning devices to reduce smoke created from wood heating and other solid fuels. Smoke from wood burning can be a significant source of air pollution and can have serious health consequences for people with asthma, respiratory or heart conditions or other illnesses. Children and the elderly are especially at risk.

(2) This Division regulates the sale and use of residential and commercial solid fuel burning devices to implement Oregon’s air quality regulations for public health and safety.

(3) Subject to the requirements in this Division and ORS 468A.100 through 468A.180, the Lane Regional Air Protection Agency is designated by the Environmental Quality Commission as the agency responsible for implementing this Division within its area of jurisdiction. The Regional Agency must implement the requirements and procedures contained in this Division unless the Regional Agency adopts superseding rules at least as restrictive as this Division.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515, 468A.100 - 468A.180
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11

340-262-0450

Definitions

The definitions in OAR 340-200-0020 and this rule apply to this Division. If OAR 340-0200-0020 and this rule define the same term, the definition in this rule applies to this Division.

(1) “Antique woodstove” means a woodstove built before 1940 that has an ornate construction and a current market value substantially higher than a common woodstove manufactured during the same period.

(2) “Central wood-fired furnace” means an indoor, wood-fired furnace that is thermostatically controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is connected to heating ductwork for the entire residential structure.

(3) “CFR” means Code of Federal Regulations.

(4) "Consumer" means a person who buys a solid fuel burning device for personal use.

(5) "Cookstove" means an indoor wood-burning appliance designed for the primary purpose of cooking food.

(6) "Dealer" means a person that sells solid fuel burning devices to retailers or other dealers for resale. For the purpose of this Division, a dealer that is also an Oregon retailer shall be considered to be only a retailer.

(7) “DEQ” means Oregon Department of Environmental Quality.

(8) "Destroy" means to demolish or decommission to the extent that restoration or reuse as a heating device is impossible.

(9) “EPA” means United States Environmental Protection Agency.

(10) “EQC” means Environmental Quality Commission

(11) "Federal Regulations" means 40 CFR, Part 60, Subpart AAA as in effect on July 1, 2010.

(12) "Fireplace" means a site-built or factory-built masonry fireplace that is designed to be used with an open combustion chamber and that is without features to control air-to-fuel ratios.

(13) “Hydronic heater” means a fuel-burning device which may be equipped with a heat storage unit, and which is designed to:

(a) Burn wood or other automatically fed fuels such as wood pellets, shelled corn, and wood chips;

(b) Be installed according to the manufacturer’s specifications either indoors or outdoors; and

(c) Heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.

(14) "Manufacturer" means a person who designs a solid fuel burning device, constructs a solid fuel burning device or constructs parts for solid fuel burning devices.

(15) “Masonry heater” means a site-built or site-assembled, solid fueled heating device constructed of structural masonry mass used to store heat from intermittent fires burned rapidly in the structure’s firebox and slow release the heat to the site. Such solid-fueled heating device must meet the design and construction specifications set forth in ASTM E 1602-03, "Guide for Construction of Solid Fuel Burning Masonry Heaters."

(16) "New solid fuel burning device" or “new device” means a solid fuel burning device defined under ORS 468A.485(4)(a) that has not been sold, bargained, exchanged, given away, acquired secondhand, or otherwise had its ownership transferred from the person who first acquired it from a retailer.

(17) "PM10" means particulate matter less than 10 microns.

(18) “PM2.5” means particulate matter less than 2.5 microns.

(19) "Pellet stove" means a heating device that uses wood pellets, or other biomass fuels designed for use in pellet stoves, as its primary source of fuel.

(20) “Phase 1 emission level qualified model” is a model of a hydronic heater that achieves an average emission level of 0.60 lbs/million Btu heat input or less for all fuel types listed in the owner’s manual and/or mentioned in marketing/sales materials, as acknowledged by EPA in writing to the manufacturer as part of EPA’s acceptance of the model as a qualified model.

(21) “Phase 2 emission level qualified model” is a model of a hydronic heater that achieves an average emissions level of 0.32 lbs/million Btu heat output or less for all fuel types listed in the owner’s manual and/or mentioned in marketing/sales materials, and that did not exceed 18.0 grams/hr of fine particles in any individual test run that was used in the calculation of the average, as acknowledged by EPA in writing to the manufacturer as part of EPA’s acceptance of the model as a qualified model pursuant to the EPA Hydronic Heater Program Phase 2 Partnership Agreement.

(22) “Residential structure” has the meaning given that term in ORS 701.005.

(23) "Retailer" means a person engaged in the sale of solid fuel burning devices directly to consumers.

(24) “Solid fuel burning device” or “device” means a woodstove or any other device that burns wood, coal or other nongaseous or non-liquid fuels for aesthetic, space-heating or water-heating purposes in or for a private residential structure or a commercial establishment and that has a heat output of less than one million British thermal units per hour. Solid fuel burning device does not include:

(a) Fireplaces;

(b) Antique stoves;

(c) Pellet stoves;

(d) Masonry heaters;

(e) Central, wood-fired furnaces;

(f) Saunas; and

(g) Boilers subject to 40 CFR part 63, subpart DDDDD or subpart JJJJJJ, as in effect on February 16, 2012 that obtain construction approval under OAR 340-210-0205 through 340-210-0250.

(25) “Trash burner” means any equipment that is used to dispose of waste by burning and has not been issued an air quality permit under ORS 468A.040.

(26) “Treated Wood” means wood of any species that has been chemically impregnated, painted or similarly modified to prevent weathering and deterioration.

(27) "Used solid fuel burning device" or “used device” means a solid fuel burning device that has been sold, bargained, exchanged, given away, or otherwise has had its ownership transferred.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.035 & 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11; DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12

340-262-0500

Certification of Solid Fuel Burning Devices for Sale as New

(1) By order, the department may certify solid fuel burning devices that have been certified by the United States Environmental Protection Agency as meeting EPA emission performance standards and certification labeling standards pursuant to:

(a) 40 CFR part 60, subpart AAA, as in effect on July 1, 2010; or

(b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to July 1, 2010.

(2) By order, the department may certify solid fuel burning devices that have not been certified by the United States Environmental Protection Agency, but that were previously certified by the department as meeting emission performance standards and certification labeling standards on or after July 1, 1986 pursuant to ORS 468A.480.

(3) By order, the department may certify any hydronic heater that has been accepted by EPA as a Phase 1 or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater Program, and that meets the requirements of subsections (a) and (b) below:

(a) The hydronic heater must have a permanent “qualifying label” attached that meets the requirements of the EPA Hydronic Heater Program Phase 2 Partnership Agreement or similar agreement for the EPA Phase 1 program; and

(b) The hydronic heater must have been installed by March 1, 2011, and the owner of the hydronic heater must confirm notice of installation to the department, on a department provided form, by July 1, 2011.

(4) By order, the department may certify solid fuel burning devices that have been tested using a test method that is equivalent to the test methods in 40 CFR part 60, subpart AAA as in effect on July 1, 2010, if:

(a) Testing is done by a method that has been determined to be equivalent by DEQ; and

(b) The test results show the solid fuel burning device emits no more than 7.5 g/hr.

(5) The department shall maintain a list of all devices certified pursuant to this rule.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11

340-262-0600

New and Used Solid Fuel Burning Devices Sold in Oregon

(1) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device in Oregon unless:

(a) The device has been certified for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA pursuant to 40 CFR part 60, subpart AAA; and

(b) The device is permanently labeled as certified, or in the case of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA.

(2) Exempt devices. Cookstoves are exempt from this rule in addition to those devices that are not considered solid fuel burning devices as defined in OAR 340-262-0450(24).

(3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the consumer:

(a) Sells a used solid fuel burning device to a person in the business of reusing, reclaiming or recycling scrap metal and the person destroys the device; or

(b) Remits a used device to a retailer for a price reduction on a new residential heating system.

(4) Prohibited label alteration. No person may alter DEQ or EPA authorized labels.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.035 & 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11; DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11; Administrative correction, 2-6-12; DEQ 1-2012, f. & cert. ef. 5-17-12

340-262-0700

Removal and Destruction of Used Solid Fuel Burning Devices

(1) Unless exempt under section (4), when a residential structure is sold in Oregon, all used solid fuel burning devices must be removed and destroyed if the devices were not certified for sale as new by DEQ or EPA and are not permanently labeled as certified, or in the case of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA.

(2) The removal and destruction of a used solid fuel burning device is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer’s responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within 30 days after the closing date of the sale of the residential structure.

(3) The seller or buyer, as determined pursuant to sections (1) and (2), must:

(a) Remove all used solid fuel burning devices on the real property sold with the residential structure, including but not limited to devices in a residence, garage, workshop, outbuilding, or any other structure.

(b) Destroy all used solid fuel burning devices, pursuant to the definition of “destroy” in OAR 340-262-0450, by taking them to a facility or entity that will render the devices incapable of being used as heating devices.

(c) Obtain a receipt from the place of destruction that verifies the delivery of all used solid fuel burning devices. The receipt must include:

(A) Date of delivery to place of destruction;

(B) Name and address for the place of destruction; and

(C) Description of all used solid fuel burning devices delivered for destruction.

(d) Notify DEQ of the removal and destruction of all used solid fuel burning devices on DEQ issued paper or electronic forms. The forms will require the following information:

(A) Name, current mailing address, and phone number of the person removing the stove;

(B) Address and tax lot number of the residential structure being sold;

(C) Closing date of sale of the residential structure if the buyer is the responsible party, or the estimated closing date of sale if the seller is the responsible party;

(D) The receipt or receipt information obtained under subsection (3)(c); and

(E) A signed statement certifying that the information is accurate to the best of the certifying individual’s knowledge.

(4) Exemptions. The following are exempt from removal and destruction pursuant to this rule:

(a) Fireplaces;

(b) Cookstoves;

(c) Antique woodstoves;

(d) Pellet stoves;

(e) Masonry heaters;

(f) Central wood-fired furnaces; and

(g) Saunas.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11

340-262-0800

Wood Burning and Other Heating Devices Curtailment Program

(1) Applicability.

(a) The wood burning and other heating devices curtailment program applies to any portion of the state where required as an emission reduction strategy or contingency plan for PM10 or PM 2.5 nonattainment or maintenance areas as an element of the State of Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040.

(b) If a local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area of the state where such a program is required, the Department will operate and enforce a program to curtail solid fuel heating during periods of air stagnation.

(c) To determine whether a local government or regional authority has failed to adopt or adequately implement a curtailment program, the Department shall consider whether a local government or regional authority:

(A) Has adopted an ordinance that requires the curtailment of solid fuel heating at forecasted air pollution levels which are consistent with the curtailment conditions and requirements specified in sections (3) and (4);

(B) Is issuing on a daily basis, curtailment advisories to the public consistent with section (5); and

(C) Is conducting surveillance for compliance and is taking adequate enforcement actions consistent with sections (6) to (8).

(2) Exempt from this rule. Curtailed heating under this rule does not apply to:

(a) Solid fuel burning devices or other solid fuel heating operated within a household classified to be less than or equal to 125 percent of the current federal poverty income guidelines accessible through the Oregon Center for Public Policy;

(b) Solid fuel burning devices operated in a residence where the solid fuel burning device is the sole heating source; and

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025.

(3) Air stagnation levels. DEQ or DEQ’s representative must use appropriate data and technology to establish the air stagnation levels used to curtail burning in PM10 or PM 2.5 nonattainment areas. The program must designate a:

(a) Stage I advisory when the PM10 or PM 2.5 standard is being approached; and

(b) Stage II advisory when an exceedance of the PM10 or PM 2.5 standard is forecast as imminent.

(4) Curtailed burning. Unless exempt under section (2), the wood burning curtailment program prohibits operation of:

(a) All heating by means of solid fuel, including but not limited to solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), that were not certified for sale as new by DEQ or EPA, during a designated Stage I advisory when the PM10 or PM2.5 standard is being approached.

(b) All heating by means of solid fuel, including but not limited to solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), whether or not those devices were certified for sale as new by DEQ or EPA, during a designated Stage II advisory when an exceedance of the PM10 or PM2.5 standard is forecasted to be imminent.

(5) Daily air pollution advisories. DEQ or the DEQ representative (local or regional government) must disseminate daily air pollution advisories to the local community that must include any air stagnation levels under section (3) and curtailed burning under section (4) during the winter wood heating season.

(6) Monitoring and enforcement. DEQ or the DEQ representative:

(a) Must monitor compliance with the wood burning curtailment program during curtailed burning under section (4); and

(b) May initiate enforcement action for smoke emitted through a flue or chimney during curtailed burning under section (4). Smoke emitted during curtailed burning raises a rebuttable presumption of a violation subject to OAR chapter 340, division 12.

(7) Exempt from enforcement action. A person may respond to an enforcement action initiated under subsection (6)(b) by submitting a signed affidavit and documentation sufficient for DEQ to establish:

(a) For a low income exemption under subsection (2)(a), a copy of the previous year tax returns with redacted Social Security Numbers. The tax return must reflect the total combined household income for the past year; or

(b) For a sole-source heating exemption under subsection (2)(b), a signed affidavit attesting to the device’s status as the sole heating source of the residence. The exemption is valid for the current woodheating season in which the person is claiming the exemption.

(8) Exempt status review. DEQ or the DEQ representative must review documentation submitted under section (7) to determine the exempt status of the household or solid fuel burning device. DEQ shall notify the person claiming exempt status of the:

(a) Approval of exempt status and the dismissal of the enforcement action under section (6); or

(b) Denial of exempt status including the reason.

(9) Suspension of Department program. DEQ shall suspend the operation and enforcement of (2) through (8) of this rule if the Department determines the local government or regional authority has adopted and is adequately implementing a wood burning and other heating devices curtailment program that is at least as stringent as the program outlined in this rule.

NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11

340-262-0900

Materials Prohibited from Burning

No person may cause or allow any of the following materials to be burned in a solid fuel burning device, fireplace, a trash burner or any other device described in ORS 468A.485(4)(b):

(1)(a) Garbage;

(b) Treated wood;

(c) Plastic or plastic products;

(d) Rubber or rubber products;

(e) Animal carcasses;

(f) Products that contain asphalt;

(g) Waste petroleum products;

(h) Paint;

(i) Chemicals;

(j) Products containing lead, mercury or other heavy or toxic metals;

(k) Materials containing asbestos; and

(l) Particleboard.

(2) Paper or paper products, except for paper used to kindle a fire.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515
Hist.: DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11

340-262-1000

Wood Burning Contingency Measures for PM2.5 Nonattainment Areas

(1) Applicability

This rule applies to any area classified as a nonattainment area for PM2.5 that does not achieve attainment by the applicable Clean Air Act deadline.

(2) No owner of a residential solid fuel burning device shall allow the appliance to burn creating opacity greater than 20% opacity for more than three minutes in any 60-minute period including startup time.

Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.020, 468A.025 & 468A.460 - 468A.515
Hist.: DEQ 10-2012, f. & cert. ef. 12-11-12

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