Or. Admin. R. 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 2.5nonattainment 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
2.5nonattainment 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
PM2.5standard 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.
Notes
Stat. Auth.: ORS 468 & 468A
Stats. Implemented: ORS 468A.460 - 468A.515
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