(a) Except as
provided in this section, a person may not install, reinstall, sell, lease,
distribute, or convey the following devices for use in an area identified in
18 AAC 50.015(b) (3):
(1) a wood-fired hydronic
heater;
(2) a woodstove;
(3) a wood-fired heating device
with a manufacturer-rated heat output capacity of 350,000 Btu per hour or more.
(b) Notwithstanding (a)
of this section, the department will approve models of pellet fueled wood-fired
hydronic heaters for use in an area identified in
18 AAC 50.015(b) (3) that
(1) have a manufacturer-rated heat output
capacity under 350,000 Btu per hour;
(2) have a valid certification from EPA under
40 C.F.R.
60.5474(a) and (b), revised as of July 1, 2019, and adopted by
reference, for which the department has reviewed and accepted the underlying
certification test results; and
(3) meet an average particulate matter
emission level of 0.10 pounds per million Btu of heat output for each
individual burn rate as tested by a laboratory with current EPA accreditation
under 40 C.F.R.
60.5477, revised as of July 1, 2019, and adopted by reference;
the laboratory test results must be
(A)
obtained using one of the following test methods that is applicable to the
specific device:
(i) ASTM International E
2618-13,
Standard Test Method for Measurement of Particulate Emissions
and Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating
Appliances, approved by EPA September 1, 2013, and adopted by
reference, subject to conditions in 40 C.F.R. Part
60, Subpart QQQQ, revised as
of July 1, 2019, and adopted by reference;
(ii) 40 C.F.R. Part
60, Appendix A-8, Method
28WHH-PTS, revised as of July 1, 2019, and adopted by reference;
(iii) alternative test methods, including
broadly applicable test methods, if approved by both EPA and the department;
and
(B) obtained using
one of the following emission concentration measurements that is applicable to
the specific device:
(i) ASTM International E
2515-11, Standard Test Method for Determination of Particulate Matter
Emissions Collected by a Dilution Tunnel approved by EPA on November
1, 2011, and adopted by reference;
(ii) 40 C.F.R. Part
60, Appendix A, Method
5G, revised as of July 1, 2019, and adopted by reference; and
(C) approved by the department
together with the supporting data.
(c) Notwithstanding (a) of this section, the
department may approve specific models of woodstoves and pellet stoves for
operation in an area identified in
18 AAC 50.015(b) (3). The department will
approve models that
(1) have a
manufacturer-rated heat output capacity of less than 350,000 Btu per hour;
(2) have a valid certification
from EPA under 40 C.F.R.
60.533, revised as of July 1, 2019, and adopted by
reference, for which the department has reviewed and accepted the underlying
certification test results; and
(3) meet particulate matter annual average
emission limit of 2.0 grams per hour as tested by a laboratory with current EPA
accreditation under 40 C.F.R.
60.535 revised as of July 1, 2019, and adopted by
reference; the test results must be
(A)
obtained using one of the following test methods applicable to the specific
device:
(i) 40 C.F.R. Part
60, Appendix A,
Methods 28, 28A, or 28R, revised as of July 1, 2017, and adopted by reference;
(ii) alternative test methods,
including broadly applicable test methods, if approved by both EPA and the
department; and
(B)
obtained using one of the following emission concentration measurements, as
applicable to the specific device:
(i) 40
C.F.R. Part
60, Appendix A-3, Methods 5G or 5H, revised as of July 1, 2017, and
adopted by reference; and
(ii)
after September 1, 2020, with either a tapered element oscillating microbalance
(TEOM) or 1-hour filter data from the EPA certification report for the device;
TEOM data must be obtained following the procedures set out in the Northeast
States for Coordinated Air Use Management (NESCAUM) Standard Operating
Procedures for use of Thermo 1405 TEOM for use in a dilution tunnel using
Option 2 in Section 6 and excluding Section 7, revised as of May 17, 2019, and
adopted by reference; if using TEOM data, the department may approve devices
only if the TEOM data indicates that no rolling 60-minute period exceeds 4.0
grams per hour; if using the 1-hour filter data, the department may approve
devices only if no reported valid test run measurement exceeds 6.0 grams per
hour;
(C) calculated in
grams per hour, to a tenth of a gram; and
(D) approved by the department together with
the supporting data.
(d) Notwithstanding (a) of this section, the
department may approve specific models of wood-fired heating devices with a
manufacturer-rated heat output capacity of 350,000 Btu per hour or more for
operation in an area identified in
18 AAC 50.015(b) (3) if a laboratory with
current EPA accreditation under 40 C.F.R.
60.535 or 40 C.F.R.
60.5477 has
tested the model to meet a particulate matter emission limit of 2.0 grams per
hour; the test results must be
(1) obtained
using one of the following test methods applicable to the specific device:
(A) ASTM International E 2618-13,
Standard Test Method for Measurement of Particulate Emissions and
Heating Efficiency of Outdoor Solid Fuel-Fired Hydronic Heating
Appliances, adopted by reference in (b)(3)(A)(i) of this section;
(B) 40 C.F.R. Part
60, Appendix
A-8, Method 28WHH, revised as of July 1, 2019, and adopted by reference;
(C) Canadian Standards Association
(CSA) Method B415.1-10,
Performance Testing of Solid-Fuel-Burning
Heating Appliances, dated March 2010, reaffirmed 2015, and adopted by
reference, as referenced in 40 C.F.R. Part
60, Subpart QQQQ, revised as of July
1, 2019, and adopted by reference;
(D) alternative test methods, including
broadly applicable test methods, if approved by both EPA and the department;
and
(2) obtained using
ASTM International E 2515-11, Standard Test Method for Determination of
Particulate Matter Emissions Collected by a Dilution Tunnel, adopted
by reference in (b)(3)(B)(i) of this section; and
(3) approved by the department together with
the supporting data.
(e) The department will publish a list of
devices that meet the criteria in (b) - (d) of this section and that the
department has approved for operation in an area identified in
18 AAC 50.015(b) (3). The department may review laboratory test data with or without submission
by a manufacturer.
(f)
Notwithstanding (a) of this section, a person may sell, lease, distribute,
convey, or install a new wood-fired heating device if the buyer or operator of
the device confirms in writing that the device will be installed in an area
other than an area identified in
18 AAC 50.015(b) (3).
(g) In response to a request from the owner
or operator of a wood-fired heating device, the department or local air quality
program may temporarily waive the requirements of (a) and (
l)
- (n) of this section after considering
(1)
financial hardship information provided by the owner or operator;
(2) technical feasibility information
provided by the owner or operator; and
(3) potential impact to locations with
populations sensitive to PM-2.5 exposure including hospitals, schools, child
care facilities, health clinics, long-term care facilities, assisted living
homes, and senior centers.
(h) As applicable, the owner, vendor, or
dealer of a wood-fired heating device shall register the device, using a form
or method provided by the department, in the following circumstances
(1) upon the sale or conveyance of a device;
(2) before closing, if the device
is being sold, leased, or conveyed as part of an existing building or other
property;
(3) when applying for a
waiver described in the local air quality control plan incorporated in the
State Air Quality Control Plan;
(4) to participate in the Burn Right Program;
(5) to participate in a woodstove
change-out or conversion program in the local air quality control plan
incorporated in the State Air Quality Control Plan; and
(6) before closeout of any
compliance or enforcement action.
(i) The owner or operator of a wood-fired
heating device shall ensure that a device and any retrofit control devices are
properly sized and professionally installed. Following each installation of a
wood-fired heating device or retrofit control device in an area identified in
18 AAC 50.015(b) (3), the installer shall provide confirmation to the
department that the device was installed correctly on a form provided by the
department. Installers must meet the following rerequirements
(1) for a woodstove, pellet stove, or
pellet-fired hydronic heater, the certification criteria in The National
Fireplace Institute Policy Handbook, revised as of November 22, 2019 and
adopted by reference, or demonstrate equivalent training and qualification
approved by the department;
(2)
for new masonry heaters, the certification criteria in The Masonry Heater
Association of North America Reference Manual, revised as of January 2019 and
adopted by reference, or demonstrate equivalent training and qualification
approved by the department;
(3)
for retrofit control devices, such as electronic precipitators, certification
as described in (1) - (2) of this subsection or be representatives trained by
the manufacturer.
(j) A
person may not install
(1) a pellet fueled
wood-fired hydronic heater within 330 feet from the closest property line or
within 660 feet from a school, clinic, hospital, or senior housing unit;
(2) a wood-fired heating device as
the primary or only heat source in
(A) new
construction, except new construction of a dry cabin located on a two acre or
larger parcel; or
(B) a structure
used as a rental unit, unless the structure has been used as a rental prior to
January 8, 2020 and qualifies for a No Other Adequate Heat Source waiver, as
identified in a local air quality plan incorporated in the State Air
Quality Control Plan.
(k) Vendors of wood-fired heating devices
(1) may not advertise devices prohibited by
this section for sale within an area identified in
18 AAC 50.015(b) (3); and
(2) shall provide a buyer with
curtailment information and proper operating instructions at the time of sale.
(l) In an area
identified in
18 AAC 50.015(b) (3), a person who owns a woodstove or pellet
stove that does not have a valid certification from EPA under 40 C.F.R.
60.533 or a non-pellet fueled wood-fired outdoor hydronic heater shall render the
device inoperable before December 31, 2024; or before device is sold, leased,
or conveyed as part of an existing structure, whichever is earlier.
(m) In an area identified in
18 AAC 50.015(b) (3), a person who owns a device that, under this section, may not be
reinstalled within the area shall ensure the device is rendered inoperable when
it is removed.
(n) If EPA
publishes a finding under 40 C.F.R.
51.1014(a)(1) - (4) related to the local
air quality control plan incorporated in the
State Air Quality Control
Plan for an area identified in
18 AAC 50.015(b) (3), the owner of a
wood-fired heating device other than a masonry heater in an area identified in
18 AAC 50.015(b) (3) that has a particulate matter emission rating of greater
than 2.0 grams per hour shall render the device inoperable, notwithstanding a
valid EPA certification, by the following deadlines
(1) for a device manufactured 25 years or
more before the effective date of the EPA finding, before December 31, 2024 or
before the device is sold, leased, or conveyed as part of an existing building,
whichever is earlier;
(2) for a
device manufactured less than 25 years before the effective date of the EPA
finding, before 25 years from the date of manufacture.
(p) In
this section, "dry cabin" means a residential structure 1,000 square feet or
less that does not have a well or water provided by a direct public utility.
(q) In this section, "TEOM" means
tapered element oscillating microbalance.