Current through Register Vol. 60, No. 12, December 1, 2021
The definitions in OAR
and this rule apply to this division. If OAR 340-0200-0020 and this rule define
the same term, the definition in this rule applies to this division.
(1) "Antique woodstove" means a woodstove
built before 1940 that has an ornate construction and a current market value
substantially higher than a common woodstove manufactured during the same
(2) "Central wood-fired
furnace" means an indoor, wood-fired furnace that is thermostatically
controlled, has a dedicated cold air inlet and dedicated hot air outlet, and is
connected to heating ductwork for the entire residential structure.
(3) "CFR" means Code of Federal Regulations.
(4) "Consumer" means a person who
buys a solid fuel burning device for personal use.
(5) "Cookstove" means an indoor wood-burning
appliance designed for the primary purpose of cooking food.
(6) "Dealer" means a person that sells solid
fuel burning devices to retailers or other dealers for resale. For the purpose
of this Division, a dealer that is also an Oregon retailer will be considered
to be only a retailer.
means Oregon Department of Environmental Quality.
(8) "Destroy" means to demolish or
decommission to the extent that restoration or reuse as a heating device is
(9) "EPA" means United
States Environmental Protection Agency.
(10) "EQC" means Environmental Quality
Regulations" means 40 CFR, part 60
subpart AAA as in effect on July 1, 2010.
(12) "Fireplace" means a
site-built or factory-built masonry fireplace that is designed to be used with
an open combustion chamber and that is without features to control air-to-fuel
means a fuel-burning device which may be equipped with a heat storage unit, and
which is designed to:
(a) Burn wood or other
automatically fed fuels such as wood pellets, shelled corn, and wood chips;
(b) Be installed according to the
manufacturer's specifications either indoors or outdoors; and
(c) Heat building space and/or water via the
distribution, typically through pipes, of a fluid heated in the device,
typically water or a water/antifreeze mixture.
(14) "Manufacturer" means a person who
designs a solid fuel burning device, constructs a solid fuel burning device or
constructs parts for solid fuel burning devices.
(15) "Masonry heater" means a site-built or
site-assembled, solid fueled heating device constructed of structural masonry
mass used to store heat from intermittent fires burned rapidly in the
structure's firebox and slow release the heat to the site. Such solid-fueled
heating device must meet the design and construction specifications set forth
in ASTM E 1602-03, "Guide for Construction of Solid Fuel Burning Masonry
(16) "New solid fuel
burning device" or "new device" means a solid fuel burning device defined under
ORS 468A.485(4)(a) that has not been sold, bargained, exchanged, given away,
acquired secondhand, or otherwise had its ownership transferred from the person
who first acquired it from a retailer.
(17) "PM10" means particulate matter less
than 10 microns.
means particulate matter less than 2.5 microns.
(19) "Pellet stove" means a heating device
that uses wood pellets, or other biomass fuels designed for use in pellet
stoves, as its primary source of fuel.
(20) "Phase 1 emission level qualified model"
is a model of a hydronic heater that achieves an average emission level of
0.60lbs/million Btu heat input or less for all fuel types listed in the owner's
manual and/or mentioned in marketing/sales materials, as acknowledged by EPA in
writing to the manufacturer as part of EPA's acceptance of the model as a
(21) "Phase 2
emission level qualified model" is a model of a hydronic heater that achieves
an average emissions level of 0.32 lbs/million Btu heat output or less for all
fuel types listed in the owner's manual and/or mentioned in marketing/sales
materials, and that did not exceed 18.0 grams/hr of fine particles in any
individual test run that was used in the calculation of the average, as
acknowledged by EPA in writing to the manufacturer as part of EPA's acceptance
of the model as a qualified model pursuant to the EPA Hydronic Heater Program
Phase 2 Partnership Agreement.
(22) "Residential structure" has the meaning
given that term in ORS 701.005.
(23) "Retailer" means a person engaged in the
sale of solid fuel burning devices directly to consumers.
"Solid fuel burning device" or "device"
means a woodstove or any other device that burns wood, coal or other nongaseous
or non-liquid fuels for aesthetic, space-heating or water-heating purposes in
or for a private residential structure or a commercial establishment and that
has a heat output of less than one million British thermal units per hour.
Solid fuel burning device does not include:
(b) Antique stoves;
(c) Pellet stoves;
(d) Masonry heaters;
(e) Central, wood-fired furnaces;
(f) Saunas; and
(g) Boilers providing process heat to a
commercial, industrial, or institutional establishment that obtain construction
approval under OAR
(25) "Trash burner"
means any equipment that is used to dispose of waste by burning and has not
been issued an air quality permit under ORS 468A.040.
(26) "Treated wood" means wood of any species
that has been chemically impregnated, painted or similarly modified to prevent
weathering and deterioration.
"Used solid fuel burning device" or "used device" means a solid fuel burning
device that has been sold, bargained, exchanged, given away, or otherwise has
had its ownership transferred.
NOTE: This rule is included in the State of Oregon
Clean Air Act Implementation Plan that EQC adopted under OAR