Or. Admin. R. 340-262-0450 - Definitions

Current through Register Vol. 60, No. 12, December 1, 2021

The definitions in OAR 340-200-0020 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 period.
(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.
(7) "DEQ" 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 impossible.
(9) "EPA" means United States Environmental Protection Agency.
(10) "EQC" means Environmental Quality Commission.
(11) "Federal 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 ratios.
(13) "Hydronic heater" 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 Heaters."
(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.
(18) "PM2.5" 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 qualified model.
(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.
(24) "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:
(a) Fireplaces;
(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 340-210-0205 through 340-210-0250.
(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.
(27) "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 340-200-0040.

Notes

Or. Admin. R. 340-262-0450
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. 5-17-12; DEQ 7-2015, f. & cert. ef. 4-16-15

Stat. Auth.: ORS 468.020 & 468A.025

Stats. Implemented: ORS 468A.025, 468A.035 & 468A.460 - 468A.515

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