Applicability and designation of affected facility.
(a) The affected facility to which the provisions of this subpart apply is each wood heater manufactured on or after July 1, 1988, or sold at retail on or after July 1, 1990. The provisions of this subpart do not apply to wood heaters constructed prior to July 1, 1988, that are or have been owned by a noncommercial owner for his personal use.
(b) Each affected facility shall comply with the applicable emission limits in § 60.532 unless exempted under paragraph (c), (d), (e), (f), (g) or (h) of this section.
(c) -(d) [Reserved]
(e) Affected facilities manufactured in the U.S. for export are exempt from the applicable emission limits of § 60.532 and the requirements of § 60.533.
(f) A wood heater used for research and development purposes that is never offered for sale or sold is exempt from the applicable emission limits of § 60.532 and the requirements of § 60.533. No more than 50 wood heaters manufactured per model line may be exempted for this purpose.
(g) A coal-only heater is exempt from the applicable emission limits of § 60.532 and the requirements of § 60.533.
(h) The following are not affected facilities and are not subject to this subpart:
(1) Open masonry fireplaces constructed on site,
(3) Furnaces, and
(i) Modification or reconstruction, as defined in §§ 60.14 and 60.15 of subpart A, shall not, by itself, make a wood heater an affected facility under this subpart.
[53 FR 5873, Feb. 26, 1988, as amended at 60 FR 33925, June 29, 1995]
Title 40 published on 2012-07-01
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