(a) A person operating a solid fuel-fired
heating device in an area identified in
18 AAC
50.015(b)(3) may use only the
following fuels:
(1) for wood-fired heating
devices, and subject to the additional limitations under (b) of this section,
(A) wood, if not prohibited under (c) of this
section;
(B) the following wood
products, if made wholly from wood not prohibited under (c) of this section:
(i) wood pellets;
(ii) manufactured compressed wood
logs;
(iii) bricks;
(iv) pucks;
(C) manufacturer-recommended starter fuels,
including home heating oil, propane, natural gas, or wood-based material for
dual fuel-fired hydronic heaters;
(D) biomass fuels approved by the
manufacturer;
(2) for
coal-burning devices,
(A) coal;
(B) coal pellets;
(3) for all solid fuel-fired heating devices,
a fuel that is approved by the manufacturer and not prohibited under (c) of
this section.
(b) Not
earlier than October 1, 2015, and between October 1 and March 31 of each year,
a person operating a wood-fired heating device in an area identified in
18 AAC
50.015(b)(3) may use only the
following fuels:
(1) dry wood, if not
prohibited under (c) of this section;
(2) the following wood products, if made
wholly from wood not prohibited under (c) of this section:
(A) wood pellets;
(B) manufactured compressed wood
logs;
(C) bricks;
(D) pucks;
(3) manufacturer-recommended starter fuels,
including home heating oil, propane, natural gas, or wood-based material for
dual fuel-fired hydronic heaters;
(4) biomass fuels approved by the
manufacturer;
(5) a fuel that is
approved by the manufacturer, and that is not wet wood or a fuel prohibited
under (c) of this section.
(c) A person operating a solid fuel-fired
heating device may not burn or incinerate in the device
(1) wood that has paint, stains, or other
types of coating;
(2) wood that
has been treated with preservatives, including copper chromium arsenate,
creosote, or pentachlorophenol;
(3)
asphalt, rubber, tires, or tar products, including materials contaminated with
petroleum, petroleum derivatives, oily wastes, or oil cleanup
materials;
(4) chlorinated or
halogenated organic compounds, including plastics, polyurethane products,
pesticides, herbicides, or fungicides;
(5) compounds containing cyanide or
asbestos;
(6) animal
carcasses;
(7) putrescible
garbage;
(8) construction and
demolition debris, including plywood and particleboard;
(9) flooring products; or
(10) manure.
(d) A commercial wood seller must register
under (e) of this section with the department to sell or provide wood to a
person located in an area that is identified in
18 AAC
50.015(b)(3), if
(1) under
42 U.S.C.
7513 and
7602, EPA has designated the area
as a "serious" nonattainment area with respect to PM-2.5;
(2) the department issues a finding that wood
smoke is a significant component of the PM-2.5 amount that resulted in
designation of the area identified in
18 AAC
50.015(b)(3) as "nonattainment";
and
(3) not later than 60 days
before the date on which the requirements of this subsection and (e) - (g) of
this section are to apply, the department
(A)
prepares a notice identifying the need for applying the requirements of this
subsection and (e) - (g) of this section with regard to the sale or provision
of wood to a person located in the area; and
(B) issues the notice described in (A) of
this paragraph by
(i) publication in a
newspaper of general circulation;
(ii) posting in the office of the local air
pollution control program; and
(iii) posting on the Alaska Online Public
Notice System (AS
44.62.175).
(e) Before selling or providing wood to a
person located in an area that is identified in
18 AAC
50.015(b)(3), a commercial wood
seller subject to (d) - (g) of this section must
(1) submit a registration application in a
format provided by the department;
(2) have available for use a moisture content
meter that the department has approved under (g)(1) of this section;
(3) have a valid business license issued
under AS 43.70; and
(4) renew the
registration every three years by submitting, at least 30 days before the
expiration date of the existing registration, an application for renewal to the
department in a format provided by the department.
(f) Upon receipt of a complete registration
application and the department's determination that the commercial wood seller
is in compliance with (e)(2) and (3) of this section, the department will
(1) issue a unique registration
identification number to the commercial wood seller;
(2) issue the commercial wood seller a batch
of uniquely numbered three-part moisture content disclosure forms for use under
(g) of this section; and
(3) add the
commercial wood seller to a list of registered commercial wood sellers that the
department maintains and makes available to the public.
(g) A commercial wood seller who is
registered as required under (d) - (f) of this section
(1) shall test, using a commercially
available moisture test meter that the department has approved for accuracy,
the moisture content of a load of wood at the time of sale or provision to the
consumer, or if the consumer purchases one or more loads of wood for later
delivery or arranges for the later delivery of one or more loads of wood, shall
test the moisture content of each load at the time of delivery, unless the wood
sold or delivered is subject to (2), (3), or (4) of this subsection; the
department will maintain a list of commercially available moisture test meters
that the department has approved for accuracy; for split wood, wood rounds, or
logs that are cut at the time of or before sale and that are marketed, sold, or
provided as dry wood, the commercial wood seller shall
(A) measure moisture content in at least
three pieces of wood for each cord of wood purchased;
(B) randomly select the wood to be tested
from differing locations throughout the entire load;
(C) ensure that each selected piece of wood
undergoes a fresh cut and is tested in the center of the fresh-cut end;
and
(D) document the measured
moisture content on the moisture content disclosure form that the department
provides under (0(2) of this section, and fully complete and sign the
form;
(2) if selling or
providing frozen wood, shall note on the moisture content disclosure form that
the wood is frozen and assumed to be wet wood with greater than 20 percent
moisture content, and shall fully complete and sign the rest of the form; for
purposes of this paragraph, "frozen wood" means wood that is
(A) cut at a temperature below 32 degrees
Fahrenheit for immediate sale or provision to the consumer; or
(B) delivered at a temperature below 32
degrees Fahrenheit, if the consumer purchases one or more loads of wood for
later delivery or arranges for the later delivery of one or more loads of
wood;
(3) if marketing,
selling, or providing wet wood, shall note on the moisture content disclosure
form that the wood is wet and assumed to be greater than 20 percent moisture
content, and shall fully complete and sign the rest of the form;
(4) if marketing, selling, or providing, as
dry wood,
(A) wood that was split before
freezing, may market, sell, or provide the wood as dry wood only if
(i) the split wood is covered and stacked for
ventilation;
(ii) after splitting,
covering, and stacking the wood, the commercial wood seller tests the wood as
required under (l)(A) - (D) of this subsection and the test results demonstrate
that each piece of wood tested is dry wood;
(iii) the commercial wood seller records and
saves the test results and the date of the test; and
(iv) upon actual sale, provision, or
delivery, if the temperature is below 32 degrees Fahrenheit, the commercial
wood seller documents the previously recorded test results and the date on the
moisture content disclosure form and fully completes and signs the rest of the
form;
(B) wood that was
split after freezing, may market, sell, or provide the wood as dry wood after
freezing onIy if
(i) the wood is mechanically
dried;
(ii) the wood is manufactured
as pellet logs; or
(iii) the source
of the wood is from fire-killed trees and has been inspected by the department
and found to be dry wood;
(5) shall obtain the consumer's signature on
the moisture content disclosure form, or if the consumer is unavailable, shall
mark on the form that the consumer is unavailable;
(6) shall provide the consumer with a copy of
the signed moisture content disclosure form;
(7) shall submit to the department, not later
than the 15th day of each month, the department's copy of each moisture content
disclosure form completed during the previous month;
(8) shall retain the seller's own copy of
each completed moisture content disclosure form for two years after the date of
the sale, provision, or delivery;
(9) shall account for each moisture content
disclosure form received from the department; when making a monthly submission
under (7) of this subsection, the commercial wood seller shall
(A) submit any moisture content disclosure
form not given to a consumer due to damage or errors; and
(B) report the unique number of any moisture
content disclosure form that is lost;
(10) shall return any unused moisture content
disclosure forms if the commercial wood seller's registration expires or is
revoked;
(11) is subject to one or
more of the following if the commercial wood seller fails to comply with a
provision of this subsection:
(A) remedial
training on the requirements of (d) - (f) of this section and this
subsection;
(B) a notice of
violation;
(C) until the department
determines that the commercial wood seller is in compliance, removal of the
seller from the list that the department maintains under (f)(3) of this
section;
(D) revocation of
registration;
(E) enforcement under
AS
46.03.020,
46.03.760, or
46.03.790; and
(12) may request an informal or adjudicatory
hearing as prescribed in
18 AAC 15.185 and
18 AAC 15.195 -
18 AAC 15.340 if the department
denies registration, denies renewal of a registration, or takes an action under
(11)(A) - (D) of this subsection,
(h) In this section, "commercial wood seller"
(1) means a person who sells wood for use in
space heating;
(2) does not
include a person whose sales of wood consist wholly of
(A) wood products permissible under (a)(1)(B)
or (b)(2) of this section;
(B)
bundles of split dry wood that are sized not more than 0.75 cubic feet a
bundle; or
(C) logs or rounds
intended for resale, where the resale of the wood and measurement and
documentation of their moistnre content will be addressed by a commercial wood
seller.
(i) A
commercial wood seller is not required to meet the requirements of (g) of this
section for any portion of its sales that are
(1) wood products permissible under (a)(1)(B)
or (b)(2) of this section;
(2)
bundies of split dry wood that are sized not more than 0.75 cubic feet per
bundle; or
(3) logs or rounds
intended for resale, where the resale of the wood and measurement and
documentation of their moisture content will be addressed by another commercial
wood seller.