No person may
advertise to sell, offer to sell or sell a new or used solid fuel burning
device in Oregon unless:
The device has
been certified for sale as new by DEQ pursuant to OAR
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.
devices. Cookstoves are exempt from this rule in addition to those devices that
are not considered solid fuel burning devices as defined in OAR
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.
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
Or. Admin. R.
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.
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.035 & 468A.460 -