HomeMy WebLinkAboutMINUTES - 10242000 - D5 Contra
TO: BOARD OF SUPERVISORS
Costa
FROM: INTERNAL OPERATIONS COMMITTEE County
DATE: October 24, 2000 }j
SUBJECT: INTRODUCE WOODSMOKE ORDINANCE AND HOLD PUBLIC HEARING
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. INTRODUCE ordinance to regulate new construction or replacement of wood burning
appliances in the unincorporated area of the County for the purpose of reducing air
pollution, WAIVE reading and HOLD the public hearing.
2. CLOSE the public hearing and consider whether to ADOPT the findings as set forth below
or as modified by the Board.
a The State Air Resources Board (ARB) adopted a particulate matter (PM,O) Ambient Air
Quality Standard (AASQ) in December, 1982, and levels for the PM,oAAQS were
selected pursuant to California Code of Regulations Title 17 Section 70200 to protect
the health of people who are sensitive to exposure to fine particles.
b. Research indicates that woodsmoke is a significant contributor to PM,o levels that pose
significant health risks.
C. The Board of Supervisors desires to lessen the risk to life and property from air
pollution from wood burning appliances.
d. The proposed ordinance will retard the increase in particulate emissions from future
installation and Construction activities relating to wood burning appliances.
e. The ordinance adoption is not a project subject to CEQA pursuant to section
15061(b)(3) of the State and County CEQA Guidelines.
f. For the foregoing reasons, the Board of Supervisors finds a need exists to adopt this
ordinance regulating wood burning combustion emissions.
3. FIX November 14, 2000 for adoption of the findings and the ordinance.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
GAYLE B
. ILKEMA MARK DeSAULNIER
ACTION OF BOARD ON October 24. 2-000 APPROVE AS RECOMMENDED_,X„OTHER.
See Addendum for Board action.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
__X_UNANIMOUS(ABSENT V } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED October 24, 2000
CONTACT: JULIE ENEA (925)335-1077 PHIL BATCHELOR,CLERK OF THE BOARD
cc. INTERNAL OPERATIONS COMMITTEE OF SUPERVISORS AND COUNTY
COUNTY ADMINISTRATOR ADMINISTRATOR
COMMUNITY DEVELOPMENT
BUILDING INSPECTION
COUNTY COUNSEL
BY ,DEPUTY
(
INTRODUCE WOOD$MOKE ORDINANCE OCTOBER 24, 2080
10 COMMITTEE POLICY RECOMMENDATIONS PAGE 2
4. Once the Northern Sonoma Air Pollution Control District (NSAPCD) has reevaluated and
made any refinements to its testing and certification process for masonry fireplaces,the Board
consider modifying this ordinance by deleting General Requirement (b).
FISCAL. IMPACT:
The cost of a compliant unit is approximately $1,000 above the cost of a zero clearance fireplace.
This additional cost will be born by the individual homeowner, contractor or developer. The cost
of implementing the proposed ordinance for the County will be minimal. The Building Inspection
Department has stated that minimal additional plan check time will be required for the review of
plans at the time of submittal for a building permit.
BACKGROUND:
In January 1999, the County received a request from the Bay Area Air Quality Management District
(Air District) to review and adopt a model ordinance requiring that fireplaces in new or remodeled
construction be either wood burning units, pellet stoves or natural gas units certified by the
Environmental Protection Agency (E.P.A.). A letter dated January 26, 1999 distributed by the Air
District states that the motivation behind the ordinance is to help insure that the Bay Area continues
to meet the federal health standard for particulate matter, the fine particles that can lodge deep in the
lungs and can cause permanent lung damage. According the Air District, wood burning fireplaces
and wood stoves generate 40 percent of the particulate matter in the Bay Area during winter months.
The Air District further states that its model ordinance would reduce the particulate pollution
generated by traditional fireplaces by 75 percent for an E.P.A.-certified stove and 99 percent for a
natural gas unit.
In April 1999, the Board of Supervisors referred this request to the Internal Operations (10) Committee
for consideration. Due to its heavy schedule, the 1999 ICI Committee was unable to consider this
issue and recommended to the Board that it be referred to the 2000 10 Committee. The 2000 iO
Committee considered the proposed ordinance and related issues at three separate meetings: April
24,July 10 and September 11, 2000. At the meetings, the Committee received testimony from the
Air District, representatives from the hearth industry and the American Lung Association, the Board
of Realtors, the general public, and staff of the Community Development and Building inspection
Departments, assisted by County Counsel.
In formulating the proposed ordinance for Contra Costa County,the Committee considered testimony
of concerned persons, the experiences of neighboring jurisdictions in adopting such an ordinance,
and the staff analysis of similar ordinances adopted by the cities of Palo Alto, Petaluma, Saratoga and
San Jose. The Committee is recommending an ordinance that differs from the Air District's model
ordinance mainly in that it defers determination of compliance to either the E.P.A. or the Northern
Sonoma Air Pollution Control District(NSAPCD), and includes separate compliance requirements for
masonry fireplaces and those wood burning appliances for which neither the E.P.A. nor the NSAPCD
has adopted certification processes and standards.
In addition, staff has reviewed the applicability of the California Environmental Quality Act (CEQA),
which applies only to projects that have the potential for causing a significant effect on the
environment. In that the review of development plans for construction cannot significantly effect the
environment, staff has determined that the adoption of the ordinance is not subject to CEQA under
Section 15061(b)(3) of the State guidelines.
The !O Committee recommends at this time the separate general requirement for masonry fireplaces
because the E.P.A. does not currently test or certify them, and the NSAPCD's current methodology
has received criticism from the hearth industry as being unfair and is being re-evaluated. The IO
Committee additionally recommends that once the NSAPCD has re-evaluated and made any
refinements to its testing and certification process for masonry fireplaces, the Board consider
modifying this ordinance to recognize that.
ADDENDUM ON ITEM D.5
OCTOBER 24, 2000
This is the time heretofore noticed by the Clerk of the Beard of Supervisors for
hearing to introduce an ordinance to regulate new construction or replacement of wood
burning appliances in the unincorporated area of the County for the purpose of reducing
air pollution.
Supervisor Uilkema presented the report of the Internal Operations Committee on
this matter.
The following persons presented testimony:
Terry Lee, 939 Ellis Street, San Francisco, representing the Bay Area Air Quality
Management District;
Ben Johnson, 537 Kendall, Crockett,representing the West Contra Costa
Association of Realtors;
Darlyne Houck, 1111 Civic Drive, Walnut Creek, representing the Contra Costa
Association of Realtors;
John Crouch, 7840 Madison Avenue#185, Fair Oaks,representing Hearth
Products;
Michael Gersick, 980 Ninth Street, Suite 1600, Sacramento, representing
California Hearth and Homes;
Thomas Zimmerman, 2 Marina Boulevard,#6D-15,Pittsburg,representing Public
and Environmental Health Advisory Board.
All those desiring to speak having been heard, the Board discussed the matter.
Supervisor Uilkema moved to introduce the ordinance as recommended and add
two recommendations to the report: to request the Building Inspection Department to
come forward with criteria for use in the evaluation of the masonry fireplaces and to
accept the industry offer for education regarding emissions in existing fireplaces and
woodburning appliances and to correct the minor typo on page four of the ordinance for
the last section to say Section 3.
Diana Silver, Deputy County Counsel,requested clarification that the motion was
to accept the ordinance as prepared by staff.
Supervisor Uilkema concurred with the two additional recommendations and the
change of Section number.
Supervisor DeSaulnier seconded the motion.
IT IS BY THE BOARD ORDERED that the public hearing is CLOSED;the
Board CONSIDERED the findings as set forth and INTRODUCED Ordinance No. 2000-
35,to regulate new construction or replacement of wood burning appliances in the
unincorporated area of the County for the purpose of reducing air pollution,reading is
WAIVED and November 14,2000, is FIXED for adoption of the findings and the
ordinance; it is DETERMINED that once the Northern Sonoma Air Pollution Control
District has re-evaluated and made any refinements to its testing and certification process
for masonry fireplaces,the Board will consider modifying this ordinance by deleting
General Requirement(b); the Building Inspection Director is REQUESTED to come
forward with criteria for use in the evaluation of masonry fireplaces; and the Industry
offer for education regarding emissions in existing fireplaces and woodburning
appliances is ACCEPTED.
ORDINANCE NO. 2000-
(Wood Burning Appliances)
The Contra Costa County Board of Supervisors ordains as fellows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code): [Govt.C. §25120].
SECTION I. SllMAIARY: This ordinance acids Chapter 718-10 to the County Ordinance Code
to regulate new construction or replacement of wood burning appliances in the unincorporated
area of the County for the purpose of reducing air pollution.
SECTION H. Chapter 718-10 is added to the County Ordinance Code to read:
Chapter 718-10
Wood Burning Appliances
718-10.202 Purpose. This ordinance is intended to limit and/or reduce particulate emissions
caused by the use of wood burning appliances.(Ord. 2000-®§ 2.)
718-10.204 Scope. (a)Applicability. This ordinance applies in the unincorporated area to any
person who plans to install a new wood burning appliance or replace an existing wood burning
appliance except as set forth in(b)below;
(b)Exemptions: 1. Gas fireplaces, except when converted to burn wood, such conversion shall
constitute the installation of a wood burning appliance and shall be subject to the requirements
of this chapter;
2. Wood burning appliances that are designed primarily for food preparation;and
3. Historic wood burning appliances as determined by the county building official and the
director of the community development department. (Ord.. 2000-_§ 2.)
71810.206 Definitions. For purposes of this chapter,the following terms shall have the
following meanings:
(a) "Approved testing laboratory": laboratories that have been approved by the E.P.A. or
other recognized agencies for the testing of wood burning appliances;
ORDINANCE NO. 2000-
1
(b) "Catalytic": a wood burning appliance equipped with a device coated with platinum,
palladium or other rare metal located in the combustion chamber of a wood burning
appliance designed to cause relatively complete combustion at lower than normal
temperatures;
(c) "E.P.A": United States Environmental Protection Agency;
(d) "E.P.A. certified wood heater": any wood heater that meets the standards in Title 40, Part
60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is
certified and labeled pursuant to those regulations;
(e) "E.P.A. Phase II Limits": 7.5 grams particulate per hour for non-catalytic wood burning
appliances or 4.1 grams particulate per hour for catalytic wood burning appliances,
(f) "Fireplace": any permanently installed masonry or factory-built wood burning appliance,
except a pellet-fueled wood heater, designed to be used with an air-to-fuel ratio greater
than or equal to 35 to 1;
(g) "Garbage": all solid, semi-solid and liquid wastes generated from residential, commercial
and industrial sources,including trash,refuse,rubbish, industrial wastes, asphaltic
products,manure,vegetable or animal solids and semi-solid wastes, and other discarded
solid and semi-solid wastes;
(h) "Gas log fireplace": any device designed to burn natural gas having the appearance of a
wooden log and used and vented inside a fireplace;
(i) "Paints": all exterior and interior house and trim paints, enamels,varnishes, lacquers,
stains,primers, sealers,undercoating,roof coatings,wood preservatives, shellacs, and
other paints or paint-like products;
(j) "Paint solvents": all original solvents sold or used to thin paints or to clean up painting
equipment;
(k) "Pellet-fueled wood heater": any wood heater that operates on wood pellets and is
certified by E.P.A. or an approved testing laboratory or emits less than or equal to E.P.A.
Phase H limits;
(1} "Replacement of a wood burning appliance":removal and reinstallation of a firebox, a
fire box liner, or of a fireplace, or additions, alterations or repairs to a wood burning
appliance that rewires opening up immediately-adjacent walls. It does not include
replacement with a permanent gas log fireplace;
ORDINANCE NO. 2000-
2
(m) "Treated wood". wood of any species that has been chemically impregnated,painted or
similarly modified to improve resistance to insects or weathering;
(n) "Waste petroleum products". any petroleum product other than gaseous fuels that has
been refined from crude oil, and has been used, and as a result of use,has been
contaminated with physical or chemical impurities;
(o) "Wood burning appliance": a fireplace, wood heater, or pellet-fueled wood heater or any
similar device burning wood or other non-gaseous or non-liquid fuel used for aesthetic or
space-hearing purposes. (Ord. 2000- § 2.)
718-10.208 General requirements. It shall be unlawful to install or replace any wood
burning appliance, other than pellet fueled wood heaters,unless the wood burning appliance
meets the applicable criteria below:
(a)It has been certified by the E.P.A. or the Northern Sonoma Air Pollution Control District; or
(b)For a masonry fireplace,it has been certified by an E.P.A. approved wood burning appliance
testing laboratory and approved by the county building official, or
(c)For any other wood burning appliance,it must meet the following standards:
1. Emit no more than 7.5 grams particulate matter per hour for a noncatalytic wood
burning appliance or 4.1 grams particulate matter per hour for a catalytic wood burning
appliance, or
2. Be certified by an E.P.A. approved wood burning appliance testing laboratory and
approved by the county building official. (Ord. 2000-�§ .)
718-10.210 Prohibited Fuels. No person shall cause or allow the burning of any of the
following materials in a wood burning appliance:
a. garbage
b. treated wood or wood composition products
C. plastic products
d. rubber products
e. petroleum products, including tar or tar paper
f paints and paint solvents
g. coal (Ord. 2000-�§ 2.)
718-10.212 Compliance. Any person who plans to install a wood burning appliance must first
submit to the county building inspection department documentation demonstrating that the
appliance meets the criteria set forth in section 718-10.208. The department's satisfaction
regarding compliance with this chapter shall be in writing as part of a building permit or other
documentation related to the installation of the wood burning appliance. (Ord.2000-�§ 2.)
718-10.214 Enforcement. Any person violating any of the provisions of this ordinance shall
ORDINANCE NO. 2000-
3
be subject to civil or criminal prosecution as provided by this code. (Ord. 2000- §2.)
SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days after passage shall be published once with the names of supervisors
voting for and against it in the , a newspaper published in this County.
[§§25123 &25124]
PASSED on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By: Deputy Board Chair
[SEAL]
JK\1'U0ANN'nsna\woodordfina],wpa
ORDINANCE NO. 2000-
4
Page 1 of 2
Julie Enea
From: Michael<gersickassociates a@pacbell.net>
To: Julie Enea<Jenea@cao.co.contra-costa.ca.us>
osta.ca.us>
Cc: <dist4@bos.co.contra-costa.ca.us>
Sent: Friday, October 06, 2000 9:19 AM
Subject: Re: [Fwd:Woodemoke regulation:Attention Marilyn,for Mark deSaulnierj
Dear Ms. Enea:
Thank you for your response, and for the citation to your website.
I have reviewed the posted draft woodsmoke Ordinance, dated October 3.
I'm afraid California Hearths & Homes still has the same si nificant concerns that we
iterated in my earlieroast to Supervisor DeSaulnler regar ing both the failure of that draft
to meet the terms adopted by the Internal Operations Committee in formal session, and the
terms of the draft alone (irrespective of its disparity from the Committee's conclusion, on the
record).
Given the concurrence of the BAAQMD in an outright exemption for masonry fireplaces for
the immediate future, and the acceptance of the BAAQMD's reasoning and
recommendation by the Committee, we are very curious about the reasons why the
exemption does not appear in your draft. Certainly, no agency has been as aggressive in
its efforts to control woodsmoke PM, or as comprehensive in its recommended regulatory
response, as has the BAAQMD. Yet, its agreement to exempt masonry fireplaces, already
part of the law--with BAAQA#D approval—in various local jurisdictions, apppears
unacceptable to Contra Costa County staff. We will be asking the full Board of Supervisors
to consider whether this refusal to exempt the fractional number of clean, masonry
fireplaces is appropriate and necessary, given the support for the exemption by the most
vigorous air quality regulatory agency in Northern California.
As to the terms of the "masonry fireplace" provision in the draft, it remains unclear to us
what standard must be achieved in order to be permitted in Contra Costa County. The
applicant fireplace designer cannot look at "certified by an E.P.A. approved wood burning
appliance testing laboratory" and know the emission factors which must be certified to by
the laboratory. There is every reason to interpret the intent of the Ordinance to create a
special case for masonry, but the terms of the special case are worrisomely absent.
Given the cost of such laboratory demonstrations, no designer would initiate a test without
a reliable and le ally sufficient expression of the standard to which his fireplace would be
held. As a result, masonry fireplaces would be indirectly, but absolutely, precluded from
construction in Contra Costa County.
Further, it is not clear to us what "county building official's approval" intends to convey.
What is the official approving? The standard applied by the laboratory? The testing
protocol employed by the laboratory? The laboratory's certification?
Finally, given the use of the conjunction "and" after"approved wood burning appliance
testing laboratory", does the provision impose an additive, condition subsequent to the
laboratory approval? That is, could a fireplace design meet the standard applied by the
laboratory and still be disapproved by the County on air quality grounds?
California Hearths & Homes appreciates staff s acknowledgement that masonry fireplaces
bum wood more cleanly by far than any other type of fireplace, that they are unique in
design and combustion dynamics and deserving of special consideration. We believe that
staff now understands that no more than two hundred masonry fireplaces will be build in all
10/19/00
Page 2 of 2
of Contra Costa County in the foreseeable future, and that this combination of clean-
buming.factors and small numbers means the masonry fireplace will have no detectable
effect on articulate matter in the County. Given all that, and the BAAQMD's endorsement,
isn't an exemption for masonry fireplaces the most rational, appropriate and practical
means of addressing an utterly inconsequential issue?
We think so, and we look forward to the staffs agreement, and the Board's agreement, as
well.
Michael Gersick
California Hearths & Homes
MICHAELG ERSICK&Assocmns
PUBLIC AFFAIRS ISSUE MANAGEMENT
gtemIckaseactetes acbell.net
(916) 9.I�607
> From: Julie Enea <jeneacao.co.contra-costa.ca.us>
> Date: Wed, 04 Oct 20005:48:32 -0700
>To: ersickassociates@pacbell.net
> Cc: District 4 <dist4@bos.co.contra-costa.ca.us>, Gayle Uilkema
> <gayle@bos.co.contra-costa.ca.us>
> Sub ect: Re: [Fwd: Woodsmoke regulation:Attention Marilyn, for Mark
> Devaulnier]
> Dear Mr. Gersick,
>
> Supervisor DeSaulnier referred your note regarding your concerns on the
> Draft Woodsmoke Ordinance to me. We have posted two revisions to the draft
> ordinance on the County Web Page since the original draft was mailed to you
> by Aruna Bhat. I believe both of the revised drafts address your concerns.
> Could you please check the latest draft at
> hftp,/Avww.co.contra-costa.ca.ustwoodsmoke.htmI and let me know if you stili
> have concerns? l "ust want to be sure we're both referencing the same
> document. Also, to public hearing on the ordinance has been set for
> October 24, 2000 at 1:00 p.m. in the Board Chambers. You will be receiving
> a formal notice shortly.
> Julie Enea
> County Administrator's Office
> (925) 335-10177
> ----Original Message --�
> From: District 4 <dist4@bos.co.contra-costa.ca.us>
> To: <jenea@cao.co.contra-costa.ca.us>
> Sent: Wednesday, October 04, 2000 11:45 AM
> Subject: [Fwd: Woodsmoke regulation:Attention Marilyn, for Mark DeSaulnier]
>
»
>
10/19/00
Supervisor Gayle Uilkcma,Chair It• ''
Internal Operations Committee
Contra Costa County 2`d District
B A�' A R t A 651 Pine St. Rm. 108-A
AIR C�UALITY
Martinez,CA 94553
M A N A U E M E N T Re. Comments on the draft Contra Costa County Woodsmoke Ordinances,dates of
D I y. It I t T revision, Sept. 18th and October 3`'.
Dear Supervisor Uilkema:
The attached comments were submitted to county staff regarding the revised drag
proposals,dated Sept. 18 and Oct. 31Air District staff had emphasiW that the
language of the Air District's model Woodsmoke ordinance should be retained. At the
September 1 Vh meeting of the Internal Operations Committee,Hearth Products
Associates and California Hearth and Homes representatives were not opposed to the
District's proposed language,only the language specifying the exclusion of the masonry
fireplaces needed to be clarified.
For the masonry exclusion,District staff has proposed the following language:
Masonry fireplaces shall be exempt from the limitations of the ordinance until June 30,
2001. This exclusion should allow the Northern Sonoma Air District sufficient time to
finish its protocol. If Contra Costa County adopts this protocol,it will essentially be
A setting an emission standard of 7.5 grams per hour of particulate matter for masonry
fireplaces. Based on test data that I have reviewed,it would be extremely difficult.if
not impossible,for existing masonry fireplaces to meet a 7.5 grams/hour standard.
The District's ordinance was adopted without controversy by the City of Morgan Hill
on October 4*. Prior to the meeting,the Planning Commission followed the
recommendation of the city planner that masonry fireplaces be excluded from
limitations altogether. The exclusion was based on the small number of masonry
fireplaces being built and the inability of the Air District and California.Hearths and
Homes to agree on an emission standard. The city planner worked with all interested
parties to reachagreement prior to the city council meeting.
District staff is concerned that agreement between the interested parties regarding the
county's proposal be achieved prior to the meeting of the Hoard of Supervisors. If you
can assist in facilitating consensus among interested parties and county staff, it may
expedite the adoption of the ordinance. If you have any questions,please contact me at
(415)749-4774 or Terry Lee at(415)749-4905.
Sincerely,
Thomasina Mayfield
Principal Air Quality Specialist
Cc: Supmisor Mark DeSaUlnicr
939 LL IS SI'REEI° ' SAN FRANC-ISU.) CAL iropNIA 94109 ' 415.771.6000 • trn,tr.beu-iq ld.r)r
Oct-06-00 01 : 44P BAAQM0 PI&5 / Tech . 415 7495101 P . 01
October 6, 2000
Ms. Julie Enea
Community Development Dept,
651 Pine St.
/ Martinez, CA 94553
BAY Aiti'. A
Re: Comments on Revised Draft Woodsmoke Ordinance, October 3, 2000, as posted on
!f l it C i In . r
the County Web Site.
MArv.nt;rNILN
Dear Ms. Enea:
As I expressed in our telephone conversation regarding the county's draft woodsmoke
ordinance, Air District staff is in agreement with some of the elements in the draft. The
elimination of the grants per kilogram standard reduces confusion. However, there are still
language discrepancies that should be corrected. In our experience, ambiguous language
results in unenforceable standards.
As a result of our conversation,the introductory language in section 718-10.208, now
mirrors the Air District's model ordinance, except that the language has been modified. It
v- is a minor point. However, we believe that the public, developers, and regulators will
1 c- better understand the limitations on woodbuming appliances in the Ray Area if there is
i uniformity in the language of city and county ordinances.
H. The proposed language of subsection (b)remains confusing. It appears that Contra Costa
is developing, a.certification program subject to the county building official's approval.
Thus, fireplace manufacturers may bring their test results from Omni Laboratories and
receive approval by the county building officials. Without the technical expertise to
analyze source test results, there is no assurance that county building officials can certify
low-emitting appliances appropriately.
K " Regarding subsection (c), county staff included this section in order to set some standard
for masonry Fireplaces. As stated in our prior communications with staff, the Air District
does not support the inclusion of this language. Certification of masonry fireplaces by
Omni Laboratories allows fireplaces exceeding the emissions standard of 7.5 grams per
hour to be installed. Air District staff believes that it was the intent of the lntemal
Operations Committee to exclude masonry fireplaces from limitations until such time that
Northern Sonoma Air District concluded its rc-evaluation of masonry fireplace source test
protocols. Lacking any legitimate time frame for completion oi'Northern Sonoma's
review, I arbitrarily set a date of December 15, 2041.
Thank you for allowing the District to have this opportunity to provide additional
comments. If you need clarification, please contact me at (415) 749-4774.
Sincerely,
CC: Supervisor llilkcw Thomasina Mayfield
Surervicnr DeSsulnicr Principal Air Quality Specialist
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BAY AKEA
AIR CUL ALITY leis. Aruna Bhat,Principal Planner
M A,N&e t M N T Centra Costa County
D , , K , C T Community Development Dept.
651 Pine St.
Martinez,CA 94553
Re: Comments on Revised Draft Woodsmoke Ordinance, Sept.18,2000
Dear Ms. Bhat:
As I commented in my letter of September 15,the revised language of the county's
woodsmoke ordinance should be edited to eliminate duplication and confusion. The
proposed language of General Requirement#3 conflicts with the Northern Sonoma Air
Pollution Control(NSAPCD)District,Rule 400(A). There is an existing standard for
masonry fireplaces in the Northern Sonoma rule. Additionally,the Northern Sonoma
standard is expressed in grams/hour,not grams/kilogram of fuel. The Air District
emphatically supports a grams per hour standard. We do not support,nor does Northern
Sonoma Air District support a grams per kilogram standard.
The proposed language of section 3 is confusing. The Northern Sonoma Air District
has an existing standard for particulate matter based on grams per hour. However,the
Contra Costa draft ordinance requires that the County Building Official approve
masonry fireplaces utilizing a grams per kilogram standard. These language
discrepancies need to be clarified. The District's position remains unchanged on the
inclusion of a standard based on grams per kilogram and the certification by the County
Building Official. An emission standard set on an hourly basis more effectively
characterizes the particulate contribution emitted by fireplaces in the real world.
The Air District is committed to providing technical support for its model woodsmoke
ordinance. In developing the ordinance, there was extensive discussion regarding the
woodstove certification procedure and its inherent problems. The decision was made to
not incorporate an approval process for woodburning appliances because of the
resources required and because of the on-going work on the Name issue at Northern
Sonoma Air District. However, we have influenced cities and counties within our
jurisdiction to recognize that any approval process in the Bay Area should be consistent
and uniform district wide.
I have been available to cities that have adopted the ordinance to provide information
about complying woodburning appliances across city and county boundaries.
Architects and contractors have been contacting me if they are uncertain about the
regulations and types of allowable woodburning appliances. It is in the interest of cities,
'1 i,) Ct ! t1 �I"f.t ! , . I. :N. > C:,'vt ii.o1,N1.k 04 10') • 11 .) ';7 1 t>000 - uaurr.hitappirl m,
Oct-03-00 09: 21A BAAQMD PI&E ,/ Tecn . r- . Ue-
counties and the Air District to have consistency in complying appliance types on a
district wide basis.
The District recommends the following language:
It shall be unlawful to:
2. Install a woodburning appliance that is not one of the following: (1)a pellet-fueled
wood heater, (2)an EPA-certified wood heater or a woodburning appliance certified by
the Northern Sonoma Air Pollution Control District.
Masonry fireplaces: Masonry fireplaces shall be exempt from the limitations of the
ordinance until December 15,2001.
Thank you for allowing the District to have this opportunity to provide additional
comments. If you need clarification, please contact me at(415)749-4774.
Sincerely,
Thomasina Mayfield
Principal Air Quality Specialist
CQ Supervisor Uilkema
Supervisor DeSaulnier
2
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Rule 4-100 Title 4-1
Control Measure For Wood Fired
Appliance Emissions
Rule 4-110 - Purpose 4-1
Rule 4-120 - Applicability 4-1
Rule 4-130 - Effective Date 4--1
Rule 4-140 - Definitions 4-1
Rule 4-190 - Severability 4-4
Rule 4-200 - District Certification of Non-Affected
Devices 4-4
Rule 4-300 - Fees 4-9
Rule 4-400 - Standards and Limitations 4-10
Rule 4-420 - Fuel Limitations and Prohibitions 4•-11
Rule 4-500 - Enforcement 4-12
s:\ru1es\rt94\tb1cont.doc
i
NORTHERN SONQXA COUNTY AIR POLLUTION CO"TROL DISTRICT
REGULATION 4
RULE 100 = TITLE
CONTROL MEASURE FOR WOOD FIRED APPLIANCE EMISSIONS
RULE 110 -- PURPOSE
The State Air Resources Board (ARB) adopted a particulate
matter (PM10) ambient air quality standard (AAQS) in December,
1982. The levels for the PM10 AAQS were selected pursuant to
California Code of Regulations Title 17 Section 70200 to protect
the health of people who are sensitive to exposure to fine
particles. The District has monitored PM10 in the District and
has recorded consistent exceedances of this standard. Pursuant to
Health and Safety Code Section 39608 the ARB has declared this
District non-attainment for PM10. The State Legislature in 1988
adopted the California Clean Air Act that requires attainment
plans be ". . .designed to achieve and maintain the state standards
by the earliest practicable date. . . !'. This rule is part of such a
plan to deal with particulate sources contributing to non-
attainment and is intended to limit and/or reduce particulate
emissions caused by the use of wood fired appliances.
RULE 120 - APPLICABILITY
This regulation shall apply within the boundaries of the
Northern Sonoma County Air Pollution Control District as defined
in Regulation 1 (Rule 100) to any person who owns, operates, or
who plans to install, build, own, or operate, a wood fired
appliance. Gas fired fireplaces, as defined herein, are not
subject to this regulation. Cook stoves, boilers and furnaces as
defined in the CFR are also not subject to this regulation.
RULE 130 = EFFECTIVE DATE
Except for Rule 400, the effective date of this regulation
is April 8, 1993. The effective date of Rule 400 is July 8, 1993.
Any person or persons who has filed an application for plan
approval and permit issuance, with the local building agency
prior to July 8 1993, and such application has not expired, is
not subject to the provisions of Rule 400.
RULE 140 DEFINITIONS
(1) "Catalytic" means a wood fired appliance equipped with
device coated with platinum, palladium or other rare metal
located in the combustion chamber of a wood fired appliance
designed to cause relatively complete combustion at lower than
normal temperatures.
(2) "CFR" means Part 60, Title 40, Subpart AAA, of the Code of
Federal Regulations Standards of Performance for New Residential
New Rule Adopted 2/93 4-1
5
Wood .Heaters, July f991. revision.
(3) "Commercial building" means any building that does not
contain a dwelling unit. For purposes of this definition, area
separator walls, as defined in the Uniform Building Code: as
published by International Conference of Building Officials,
shall not create separate buildings.
(4) "Contracting Laboratory" means the EPA accredited laboratory
contracted with the manufacturer(s) to perform emission testing
or test observations.
(5) "Dwelling unit" means any building or portion thereof which
contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, as required by the Uniform
Building Code as published by International Conference of
Building Officials, for not more than one family.
(6) "EPA certified "" means certified by the Environmental
Protection Agency as meeting the performance and emission
standards set forth in Part 60, Title 40, Subpart AAA, Cade of
Federal Regulations, February 26, 1988.
(7) "Garbage" means all solid, semisolid, and liquid wastes
generated from residential, commercial, and industrial sources,
including trash, refuse, rubbish, industrial wastes, asphaltic
products, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes.
(8) "Gas fired fireplace" means any device that burns natural or
liquid propane gas as its fuel through a ceramic, or otherwise
non combustible gas log that is permanently installed in the
device. As used herein, permanently installed means the burn pan
and associated equipment cannot be removed from the masonry or
metal base of the device.
(9) "Manufacturer" means any person who constructs or imports a
woad fired appliance.
(10) "Masonry Fireplace" means any wood fired appliance
primarily constructed on site of masonry products such as brick,
stone, clay, or other precast stone or concrete products, which
is a non-affected device and is not a pellet stove.
(11) "Method 5G/H1" is a test method(s) for determination of
particulate emissions from wood fired appliances from dilution
tunnel sampling and stack locations as described in 40 CFR, Part
60, ' Subpart AAA, Appendix A.
(12) "Method 28" is a test method designed to establish
certification test conditions and the particulate matter weighted
emission values, as described in 40 CFR part 60 , Subpart AAA,
Appendix A.
(13) "Method 28A1" is a test method to measure air to fuel ratios
New Rule Adopted 2/93 4-2
,
and minimum achievable burn rates as descrixied in 40 CFR, Part "'
60, Subpart AAA, Appendix A.
(14) "Model Line" means all wood fired appliances offered for
sale by a single manufacturer or association of manufacturers
that are similar in all material respects.
(15) "Non-affected Device" means any wood fired appliance that
is not subject to the new source performance standards set forth
in the CFR for new residential wood fired heaters.
(16) "Paints" means all exterior and interior house and trim
paints, enamels, varnishes, lacquers, stains, primers, sealers,
undercoatings, roof coatings, wood preservatives, shellacs, and
other paints or paint-like products.
(17) "Paint solvents" means all organic solvents sold or used to
thin paints or to clean up painting equipment.
(18) "Pellet Stove" means a wood fired appliance which meets all
the following criteria: (a) the manufacturer makes no reference
to burning cordwood in advertising or other literature; (b) the
appliance is safety listed for pellet fuel only; (c) the
appliance's operating and instruction manual must state the use
of cordwood is prohibited by federal law; and (d) the appliance
must be manufactured .and sold including the hopper and auger
combination as integral parts.
(19) "Person"' means an individual, private corporation, public
entity, partnership, copartnership, firm, association, trust or
estate, or any other private or public legal entity whatsoever
which is recognized in law as the subject of rights and duties.
(20) "Similar in all material respects" means that the
construction materials, exhaust and inlet air system, and other
design features are within the allowed tolerances for components
identified in 60.533 (k) of the CFR.
(21) "Solid fuel" means wood or any other non gaseous or non
liquid fuel.
(22) "Treated wood" means wood of any species that has been
chemically impregnated, painted, or similarly modified to improve
resistance to insects or weathering.
(23) "Waste petroleum products" means any petroleum product
other than gaseous fuels that has been refined from crude oil,
and has been used, and, as a result of use, has been contaminated
with physical or chemical impurities.
(24) "Wood fired appliance" means any fireplace, or wood fired
heater that burns wood, pelleted wood or any other non gaseous or
non liquid fuels, or any similar device burning any solid fuel
used for aesthetic or space-heating purposes, and which has a
heat input less than one million British thermal units per hour.
New Rule Adopted 2/93 4•-3
RULE .ig0 severabil ty
If any section, subsection, sentence, clause or phrase of
this regulation is for any reason held to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of
the remaining portion of this regulation
RULE 200 - DISTRICT CERTIFICATION OF NON-AFFECTED DEVICES
A. Application for Certification; A manufacturer of a non-
affected device model line that .is not a pellet stove may
apply to the District for certification of that model line
as a District approved wood fired appliance. Each non-
affected device model line offered for sale or use in the
District shall be District certified. Certification and
recertification shall be obtained pursuant to the
requirements contained herein:
1. Required informations Each application shall contain
the following: y
a. the information required by paragraph (b) of
section +60.533 of the CFR, to the extent such
information applies to the model line;
b. a statement attesting that the model line is not
subject to the standards of the CFR and the basis
for such exemption.
C. a statement that the wood fired appliance being
submitted for testing is similar in all material
respects to other appliances in the model line.
d. the name of the EPA accredited laboratory that
will perform certification testing.
e. a statement as to how the manufacturer will
permanently label the model line appliances to
provide accessible identification of each
appliance.
f. all other information determined by the Control
Officer to be needed for an adequate evaluation of
the model line.
2. Application Completeness: The Control officer shall
notify the applicant within 30 days of application
receipt as to the completeness of the application.
3. Prior Approval of Testing Protocol Required: Prior to
testing the specific non--affected device, the
contracting laboratory shall submit to the District a
source testing protocol for the Control officer's
review and approval. The source test protocol shall
specifically delineate the test conditions under which
New Rule Adapted 2/93 4-4
the sampling is to be conducted, txe number of samples
to be taken, and the sampling method. The procedures
established under 60.533 (compliance and certification)
and 60.534 (test methods and procedures) of the CFR
shall be used in the formulation of the testing
protocol to the extent determined applicable by the
Control Officer. Field tests using EPA Office of
Research and Development approved test and quality
assurance protocols are an acceptable alternative to
laboratory testing. The Control Officer shall review
any protocol for compliance with the above
requirements and shall specify in writing any
additional conditions necessary to assure that valid
sampling is conducted. The Control Officer shall
provide written notice of approval or conditional
approval to the contracting laboratory.
4. Requirements for Submission of Prior Test Data: Test
data obtained by an EPA accredited laboratory prior to
the effective date of this Rule may be submitted as
part of an application for certification of a model
line. Field test data obtained by an EPA accredited
laboratory prior to that date, using EPA Office of
Research and Development approved testing protocols and
quality assurance programs, may also be submitted.
Such submittals must be made by the EPA accredited
laboratory which performed the testing. All test data
obtained during the test runs shall be submitted. Test
data shall be accompanied by full quality assurance
documentation, statement of sampling methods used and
how the appliance was operated during the sampling, a
description of the manufacturer's involvement in
testing, and an explanation of how the results were
calculated. The manufacturer shall be responsible for
making a complete application and shall be subject to
all other requirements of Rule 200.A. The Control
Officer may accept the prior test data if he or she
determines it provides sufficient reliable information
to adequately evaluate the model line, or may require
additional testing. if the test data or methods are
determined inadequate, the Control Officer shall notify
the applicant in writing as to the basis for the
determination.
5. Testing Requirements: Testing shall be performed by
the contracting laboratory using the approved testing
protocol. Where an EPA Office of Research and
Development approved field testing protocol and quality
assurance program are to be used, individuals other
than employees of the contracting laboratory may
conduct the testing but the testing shall be observed
by a representative of the contracting laboratory to
ensure that the protocol is followed. The quality
assurance portion of such an observed field test must
be performed by the contracting laboratory's
New Rule Adopted 2/93 4-5
representative. All test results and"qua lity assurance
documentation shall be forwarded directly to the
Control Officer by the contracting laboratory.
6. Review of Certification Application By Control officer:
The Control Officer shall issue a certificate of
compliance to a model line for a period of 5 years if
he or she determines that:
a. Emission test: A valid certification test has
demonstrated that the wood fired appliance
representative of the non-affected device model
line complies with applicable emission limits of
Rule 400.A. To be valid the test must be
conducted in accordance with all procedures and
parameters established in the approved testing
protocols and be performed on a wood fired
appliance, which is, except as provided in
subparagraph (b) below, similar in all material
respects to other devices of the model line for
which certification is sought.
b. Design tolerances: Any tolerances or materials for
components identified in paragraphs k(2) or (3) of
section 60.533 of the CFR that are different from
those specified in those paragraphs may not
reasonably be anticipated to cause the wood fired
appliances to exceed the applicable emission
limits of Rule 400 A. 1.
C. Audit testing: The manufacturer of the model line
has agreed in writing to bear all costs associated
with random compliance audit testing as specified
by the Control Officer at an EFA accredited
laboratory. Where practical the Control Officer
shall use the appropriate sections of the CFR in
determining the frequency of such random
compliance testing. Such audit testing will be
conducted using the same test protocol as for
certification. The frequency of random audit
testing shall be identified in any certificate of
compliance issued by the Control Officer.
d. Quality assurance: The manufacturer has in place a
quality assurance program to inspect tolerances
and materials in the model line. This
determination may be made based upon statements
and proof provided in the initial application.
e. Warranty: The manufacturer of the model line
provides warranty coverage to the owner that is no
less stringent as that in the CFR.
f. owners manual: The manufacturer of the model line
will provide an owner's manual with each wood
New Rule Adopted 2/93 4-6
fired appliance that has least the same
material and language as required in paragraph K
of section 60.536 of the CFR.
g, Labels: The manufacturer of the model line shall
permanently label each appliance of the model line
to provide model line identification and that the
labeling is placed in a readily accessible
location.
B. Application for Pellet Stove certification : A manufacturer
of a pellet stove model line that is also a non affected
device may apply to the District for certification of that
model line as a District approved pellet stove. Each non-
affected device pellet stove model line offered for sale
or use in the District shall be District certified.
Certification and recertification shall be obtained pursuant
to the requirements herein.
1. Required information: Each application shall contain
the following:
a. test results obtained by an EPA accredited
laboratory demonstrating an air to fuel ratio
greater than or equal to 35:1 where the laboratory
used EPA Method 28A. This testing is to be
performed on a device representative of the model
line for which certification is being sought.
b. test results obtained by an EPA accredited
laboratory using either EPA Method 5C or 5H, and
corrected to 5H, which have been conducted under
minimum burn conditions (category 1) , using EPA
Method 28. This testing is to be performed on a
device representative of the model line for which
certification is being sought.
C. written declaration from the president of the EPA
accredited laboratory that the information
required in 200 B.l.a. and 200.B. 1.b. has been
obtained in accordance with the testing protocols
established therein.
d. a written statement from the manufacturer that
demonstrates to the satisfaction of the Control
officer that the particular model line is safety
listed. The manufacturer shall also identify how
it will permanently label the model line so as to
provide accessi)Dle identification of each
appliance.
e. all other information determined by the Control
Officer to be needed for an adequate evaluation of
the model line.
New Rule Adopted 2/93 4-7
r 1
c
.2 . Application Completeness: The Control officer shall
notify the applicant within 30 days of application
receipt as to the completeness of the application.
3 . Review of Certification by Control officer: The
Control officer shall issue a certificate of compliance
to a pellet stove for a period of 5 years if he or she
determines that the criteria established in 200 B. 1.
have been met and that the device complies with the
emission limits of Rule 400.A. .
C. Control officers Authority to Condition a Certificate ,of
Compliance: The Control officer may include in any
certificate of compliance such terms or conditions as he or
she determines necessary to ensure that the model line will
continue to comply with Rule 400 A. 1.
D. Revocation: The Control officer may revoke certification of
a model line if the Control officer determines that the wood
fire appliances being produced in the model line do not
comply with the requirements of Rule 400.A, Rule 200.A, or
Rule 200.5. Such a determination of revocation shall be
based upon all available evidence including the revocation
criteria set forth in paragraph 1 of section 60.533 of the
CFR where applicable or, such .other criteria as determined
by the Control officer to be applicable. Should a District
certified model line become subject to the CFR standards,
District certification shall be revoked at the time the
model line is required to be certified under the CFR.
E. Appeal of Decisions: A manufacturer may, by petition,
appeal the decision of the Control officer to issue or deny
a certification or recertification or to revoke a
certification. Such a petition must be filed within 10 days
of receipt of notification of the issuance, denial, or
revocation. The procedures established under Regulation I,
Rule 610, 620, 630, 640, and 650 of the District shall
apply to petitions, hearingq, decisions, records, and
judicial review of decisions made under this Rule.
F. Recertification: Upon application for renewal of
certification by the manufacturer, the Control officer may
waive the requirement for certification testing if he or she
determines that the model' line continues to meet the
applicable requirements of certification set forth in Rule
200 A.6 or Rule 200 B.3 of this section and that the model
line for which recertification is sought is similar in all
material respects to the model line that was originally
certified.
G. Review of source Testing Protocols: The Control officer may
review any source testing protocols proposed by a
manufacturer or group of manufacturers which are not related
to a specific application. In such event the manufacturer(s)
shall pay all costs associated with this review in
New Rule Adopted 2/93 4-8
.accordance with Rule 300.0.
H. District Duty to Maintain List of Approved Appliances: The
Air Pollution Control officer shall prepare and maintain a
list of approved wood fired appliances. The list shall
identify the nature of the control technology as catalytic
or non catalytic. The Control officer shall make this list
publicly available and shall update the list once a year or
more often as needed.
I. Cross certification - The Control officer in his or her sole
discretion may accept for addition to the District's list of
approved appliances a model line that has been certified by
another California air pollution control agency, provided
the certification procedures and testing protocols used by
that agency are determined by the Control officer to be
substantially equivalent to those used by the Northern
Sonoma County Air Pollution Control District. A request for
cross certification shall be made in writing by the
manufacturer to the Control officer. The manufacturer shall
identify the model line(s) for which cross certification is
requested, the name of the originating district and the name
of the individual at the originating district who is
responsible for the certification review.
For each model line for which the manufacturer is seeking
cross certification, a one time fee shall be charged in
accordance with Rule 300 C. to offset District costs in
verifying the criteria established above. Cross
certification shall remain in effect so long as the
manufacturer maintains a valid certification with the
originating district. The Control officer may remove a cross
certified model line from the District's list of approved
appliances if he or she determines that.
a) the manufacturer has failed to comply with the
originating district's certification requirements; or
b) the originating agency's certification program was not,
or is no longer, substantially equivalent to that of
the Northern Sonoma County Air Pollution Control
District.
J. District To Make Test Protocols Publicly Available: The
Control officer shall make any District approved testing
protocol available to the public.
MULE 300 - FEES
A. Certification Fees: Except for pellet stoves, every
manufacturer of a wood fired appliance model line applying
for District certification shall pay a basic application fee
of $1., 000. Application fees for a pellet stove model line
shall be $100. 00. These basic fees shall be adjusted in
accordance with the fee adjustment factor established by
New Rule Adopted 2/93 4-9
Rulet300. f of Regulation 1. In the event ' District costs to
process the application exceed this basic fee, the
manufacturer shall pay all such additional District costs in
amounts and at such times as determined by the Control
officer. Such additional costs shall not exceed the actual
cost of processing the application.
S. Recertification Pass: Except for pellet stoves, every
manufacturer of a wood fired appliance model line applying
for District recertification shall pay a basic
recertification fee of $1,000. Basic recertification fees
for a pellet stove model line shall be $100.00. These basic
fees shall be adjusted in accordance with the fee adjustment
factor established by Rule 300.f of Regulation 1. Where the
Control officer has waived the requirement for additional
certification testing in accordance with Rule 200 F. , the
recertification fee for all non-affected_device model lines
shall be one half the adjusted basic fee. In the event
District costs to process the application exceed this basic
fee, the manufacturer shall pay all such additional District
costs in amounts and at such times as , determined by the
Control Officer. Such additional costs shall not exceed the
actual cost of processing the application.
C. source Test Protocol Review and Cross Certification Fess:
The Control Officer shall recover all District costs of
source test protocol review and cross certification
verification as costs are incurred. The manufacturer(s)
shall pay all such fees in an amount, and at such times as
determined by the Control officer. Such fees shall not
exceed the actual cost of administering these review
processes.
D. Non-payment of Fees - Should a manufacturer fail to pay any
fees when due, the Control officer shall suspend application
processing, source test protocol review, or cross
certification review. Application processing, source test
protocol review, or cross certification review shall
recommence upon payment of fees. Certification,
recertification or cross certification shall not be issued
until all fees are paid in full. The Control officer shall
not approve any source testing protocol for use in an
application until all protocol review fees are paid.
RULE 400 - STANDARDS AND LIMITATIONS
A. Emission standard: A District approved wood fired appliance
shall be EPA or District certified, and emit less than or
equal to 7.5 drams particulate per hour for a non catalytic
wood fired appliance or 4 .1 grams per hour for a catalytic
wood fired appliance.
B. Limitations on now, existing, or replacement woad fired
appliances: No person shall install, or allow to be
installed, any wood fired appliance unless it is approved by
New Rule Adopted 2/93 4-10
♦ t
the District, except as provided in Rulu. 400.0. '
C. Exemptions
1. Limitations on used wood fired appliances: No person
shall sell, offer for sale, supply, install, or
transfer ownership of a used wood fired appliance which
has been removed from its dwelling unit or commercial
building unless it has been rendered permanently
inoperable, or unless it is District approved or has
received, at any time, a certification from the
Environmental Protection Agency or the State of Oregon.
This limitation does not prohibit the sale of any wood
fired appliance which is transferred as an appurtenance
to a commercial building or dwelling.
2. Masonry fireplaces: Masonry fireplaces are exempt from
the limitations of Rule 400 for a period of two years
from the effective date of this rule.
RULE 420 - FUEL LIMITATIONS AND PROHIBITIONS
A. Moisture content limit for seasoned wood
1. No person shall sell, offer for sale, or supply any
wood which is orally, or in writing, advertised,
described, or in any way represented to be "seasoner"
or "dry" wood unless the wood has a moisture content of
20 percent or less by weight on a wet basis.
2. The Air Pollution Control officer shall specify the
procedures to measure wood moisture content and the
appropriate wood moisture measuring device to be used
to determine compliance with the provisions of
subsection 420.A.1. Such test procedures shall
include ASTM test method D4442-84 or wood moisture test
meter as identified by the officer. A violation as
determined by any of the above test methods shall be
considered a violation of the rule.
3. The Air Pollution Control officer may delegate to
another person or agency the authority to test wood for
moisture content and determine compliance with Rule
420.A.1.
8. Prohibited fuel types
Except for commercial products expressly manufactured for
starting a fire in a wood fired applicance, no person shall
cause, or allow, any of the following materials to be burned in a
wood fired appliance:
New Rule Adopted 2/93 4--11
(1) garbage,
s (2) treated wood,
(3) plastic products,
(4) rubber products,
(5) waste petroleum products,
(6) paints and paint solvents, and
(7) coal.
RULE 500 - ENFORCEMENT
No person shall violate any provision of these rules and
regulation. Any person violating any provisions of these rules
and regulation is guilty of a misdemeanor and/or is liable for a
civil penalty and shall be subject to a fine or imprisonment or
both as allowed by Health and Safety Code Division 26, Part 4,
Chapter 4, Article 3. Every day during any portion of which the
violation occurs constitutes a separate offense.
s:ru1*s/reg4/reg4geo.cln
42/08/93
New Rule Adopted 2/93 4--12
Sheetl
MANUFACTURER CATALYTIC NSCAPCD CERT
ALADDIN HEARTH PRODUCTS
Quadra-Fire 2100, 210101 N
Quadra-Fire 3100, 3100F-I* N
Quadra-Fire 4100* N
Quadra-Fire 51001* N
Quadra-Fire 1800* N
Quadra-Fire 18001* N
Quadra-Fire 1900 N
Quadra-Fire 5100-1 Fireplace Insert N
Quadra-Fire 4300 N
Quadra-Fire 1000* ��--� -----�-�----- -____._._------_.--7/23%93
— — - _ _ - ------- — d-_..-_
Quadra-Fire 1101-1* 7/23/93
5-22&5-221 N
ALADDIN HEARTH PRODUCTS(HEATILATOR, INC.) -----_----_.__—_—___-_
Heatilator LE* N
Arrow S12(Stove)& 112(Insert) N
Arrow S22&122* N
Arrow S32&132* N _--
Arrora Model 700 N
Drove Cape Cod - N
Heatilator 1190/Arrow 1490(S20)* N - -----__
Heirloom 390* .—.•---_. Y
Horizon 500 CC* Y
1890(S30)* � N
Model 2590* Y - —
Model 400 N
S10 and 110* N
Sunburst II Model 2208 N
Heailator NX* N 9/16/93
APPALACHIAN STOVE&FABRICATORS, INC.
32-BW* Y
Trailmaster Model 4N1-XL 11 Y
Model 30-CD* Y
Model 360-CR Y -4 —
Model 36 BW* Y
ATLANTIC POOLS INC.(CENTURY HEATING)
Cabot Elite S17XE* N _-
-
CampbelliJacuzzi FW300005-FW300008&
FW300019-FW300027 N
Fraser/Elite I, S407E, S408E, S409E N
Model Campbell II Elite S-24X and FW24 Series N
S27X/S28X& FW27 Series N
Pagel
4 ,
Sheetl
AUSTROFLAMM U.S.A., INC
Integra 01121* N 12121/93
Esprit Wood 119.1 - N
BLAZE KING INDUSTIRES -
Blaze King KEJ-_1102 _ ---- _
Blaze King PEJ 1003 Y
Blaze King, Royal Guardian RGT-3001 N
BRASS FLAME STOVE COMPANY*
Brass Falme KS-805* - N
Brass Flame KS-1005, KS-20001* - N _ — -
BUCHANAN WELCHING&FABRICATION, INC.*
XTEC 2000* Y
XTEC 2500* Y
XTEC Stove Model 1500* Y
High Valley Bay 2500* Y
High Valley Model 1500* Y
BUCK CORPORATION*(SEE NEW BUCK CORP)
Bay Model Q-1* Y
Model 20* Y
Model 21* N
Model 26* N _
Model 51* N
MODEL XL-80* Y
New Buck/Camlina Model 17* Y
COUNTRY FLAME
BBF Y
NC-6D* N
SBFW Y
B/A Y
E-2* Y
E-1/90 Y
R/90 Y
0-2/90 Y
Patriot* N
Combo Air* - N
COUNTRY STOVES, INC
Striker Madel S 160/C 160 N -
Converter 0310, Elite E310 — N —
T-Top Madel 5310 __ N
T-TOP 5280, CONVERTER 0260, and ELITE E260 N
T-Top Madel 5240* _ N
C-240 and E-240* _ N
5-210,0-210,E210, SA210,CA210 and EA210 -" N �_--
Page 2
Sheetl
CRD PRECISION FABRICATORS, INC (CHIPPEWA)*
Energy King 2500C* Y
- -- --- --- - - --- - _ - - -- ---
Energy King Bay* Y
Energy King Legacy 1600* N
Energy King Legacy 1650* N
Energy King Iegacy 1150* N
Energy King Legacy900* N
Energy King Legacy950* N
Madel Silhouette 2850C* Y
DELL POINT TECHNOLOGIES
C1C 2000 N
DRO LET STOVES AND FIREPLACES, INC �� -__—_--__-_--
HT 1600 and HT 1600 DELUXE N
HT-2000 N
oriel HT-1, High Tek 1000 N
DE -0,INCJGRIZZLY STOVES* u —
Achiever FPI-1-LEX* Y
FP12-LEX/90* Y
THE EARTH STOVE , INC*
1003-C Y —
Bayview BV4000C* Y
Bayview BV400C/450C* Y
1800HT/1750HT and 2800HT/2750HT N
Madel T200C Y
MP 40* N 4/12!94
MP240* N 4/12/94
WP50* N 4/12/94
MP250* N 4/12/94
MR35/50* N 4112194
TP40* N 4/12/94
TP40N* N 4/12/94
TP340* N 4/12/94
TP440* N 4112/94
HP40* N 4/12/94
Brass Fla—me KS-1005, KS-20001 N
Brass Flame KS-805 N _
Earth Stove and Ranger 1500HT, 2500HT, 1400HT N
Traditions T300HT&T3000HT NThe Earth Stove 1900HT&290 HT N - —- —_—_-- __--
ELMIRA STOVE WORKSMENDRICK ENERGY SYSTEMS, INC*
-- ---------------
2800* N
Fire—View Insert 2700* -- ---------
Fireview 2300* N
Page 3
t
Sheet1
EMPIRE PROD., INC`
Easy Fire N 7120/94
Sweet Horne AFX-HT,AFI-HT* N
ENGLAND'S STOVE YYORKS
Model 18 PC Y
Englander Mode!24 AC/FC Y
Englander Model
Mode! 241C .� Y
Made{ 18M-H Y
24—XC—D -- Y
Summers Heat Model 50-SHW20
Summers Heat Model 50-SHW22 Y
Summers Heat Model 50-SHW25 Y
F.HUEMER GES.M.B.H.* _
Austroflamm Wega Il* N
F. L.DROLET* _
Madel HT-1, High Tek 1000* N
HT-2000* N
HT 1600 and HT 1600 DELUXE* N w
FIREPLACE PRODUCTS INTERNATIONAL LIMITED
F100S Small Freestanding Stove, 110005 Small
Fireplace Insert N
F2100M-Medium Freestanding Stoves, 12100M-
Medium Fireplace Insert N
H2100M Hearth Heater Insert N
Large Freestanding Stove-F3100L&Large
Fireplaice Insert stove 13100L N
Z2500 Zero Clearance Fireplace N
FONDERIES DU LION S.A.*
Efel Symphony 390.74* Y
FRANTECH,INC.*
Seefire 900 S* N
Seefire 1600 S* N
Seefire 2100 S* N
Frantech 900* — N _
Frantech 901* — - - - N
Frantech 1600* N
Frantech 1601* N
Frantech 2100*
GIBRALTER STOVES, INC.
Kingston WCC* Y
Page 4
Sheetl
GLO KING WOOD STOVES
400HT* N
_N
GK-300HT* N
GUERTIN BROTHERS INDUSTRIES, INC*
Emerald 2000* N
GLO KING/PIERCE ENGINNERED PRODUCTS, INC.
GK 100 HT N
H.M.F.FORLONG AND MAISEY LTD*
Merlin 3, Model 3000* N
HARMAN STOVE COMPANY
Treemont TAC-2600,TAC-260CF* Y _w
Treemont TAC-340C* Y - -� -
CW 30* N
Invincible RS N - -
Model Exception TL200 N _ _
HAUGH*S PRODUCTS* -
Cabot Elite S17XE* N
Campbell Elite S144XE* - N
Gordon Elite S18XE* - N
Madel Campbell It Elite'S-24X Series* N
S-27X/S28X Series* N
HAWKE MANUFACTURING COMPANY INC
HMI 2811 Y
HEAT-N-GLO FIREPLACE PRODUCTS, INC
CBS-41 N
HEAT TECH INDUSTRIES* - - -No. 26 GM* N
HEATILATOR, INC.__ - -�
Heatilator LE N
HEATING ENERGY SYSTEMS
Trailblazer 170011706 N —
Trailblazer Classic 1300/1306 N
Trailblazer Classic 15001700* N
Trailblazer Genesis 1600/1800 N
Trailblazer Classic 1600 PS* N 9/16/93
Trailblazer Classic 1600 Pl* N 9/16193
i
Trailblazer Genes
s 2000-C* Y
Page 5
s
., Sheet I
HERITAGE STOVES INC"
Bostonian 2500 C (Insert}* Y
HI-TECK STOVES*
HI-Teck H 2000C* Y
HIGH SEIRRA STOVES, LTD
Evolution Model 7000C Y
Sierra Ambassador 4700 TI;C Y
Sierra Classic 15008 N ��
Sierra Classic 1500T N -
Sierra Evolutlon 8000 TEC Y
Cricket 5300* N
HIGH VALLEY CONSTRUCTIOON&MAINTENANCE CORP.
High Valley 2000, Crag Stove 2000 Y
High Valley Bay 2500 Y
High Valley Model 1,500 Y
Model 1600 N _
HMF FORLONG&MALSEY,LTD*
Merlin"3'* N
HORIZON RESEARCH,INC.* -
Model HR-2* N
HUTCH MANUFACTURING COMPANY
NRS-18C Small Freestanding Y
HRR-27C Catalytic Freestanding Y
DWI-42C-2(EPA)*'
Y
JAYUNE HEATING LTD*
AMZED JAYLINE 1B and FS* N
Amzed Jayllne Ukal U-12* N
JOTUL U.S.A.,INC.
Firelight 12 Y
Firelight 12CB N
Jotul Model 602 CB Classic N
Jotul Oslo F-500 N
Jotul Petite N
Model 3 TRIC-2 Y
Model Series 8 Y
Model 3 CB N —�
Page 6
' t
Sheetl
KROG IVERSEN &CO.A/S
Basic 1 & 3 N
Scan20 -----------_ —. - - --- N _ --- ---- - --------- --- ---
Scan 24 N
Scan 5 N
KUMA STOVE AND IRON WORKS
Kuma K-300/K-400, K-1006* --- Y -- --- __--
Kuma Scott HT-1 N
Madel Kuma 100!300/400*
Kuma Wood Classic Madel HT-2 N -� — - - -
LONG AGRIBUSINESS -
Silent Flame Model 2058A Y - ---__._--_.__
Silent Flame Model 2062* Y
MARK'S CUSTOM STOVES*
Model Kuma 100/300/400* Y
MAJESTIC*
Majestic BFC36* N 7/25/95
F36* N 11/28/94
FC36* N 11/28/94
MARTIN INDUSTIRES, INC.*
Ashley CAHF-2,Atlanta ACF-2, King MCF-2* Y
Ashley AHS2,AHS2B„ King KHS2* Y
Ashley AFS24, King K3, catl, freestanding/insert* Y
Ashley C-92* Y
C-92* Y
ASHLEY NCA-1/KING KPS* N
METAL M.D.R., INC
Le Chancelier N
Le Bacheller N
Model H.E. 1400, XE-1400, &XTD-1.5 N
Model H.E. 1800, XE-1800&XTD-1.9 N
NATIONAL STEECRAFTERS OF OREGON
Breckwell W3000FS/W30001 N
NEW BUCK CORPORATION
Bay Model 91 Y
Model 18 N -__- -- --_-- ----
Model 20, catalytic J -- __-- Y ---- ----
Model 21 N
----- --------------
Madel 26
Madel 51 N
Model XL-80
Wage 7
.......................................................................
........................................
...................................................................................
Sheetl
Model 81 N
New Buck/Carolina Model 17 Y
NHC,
Harvest A-H## catalytic*
Phoenix` N
Phenix 8612 N
Mansfield N
StarletN
ri
Hetage _ N
Mansfield ! �. N
NU-TEC/UPLAND DISTRIBUTORS, INC.*
Brenden BR-60* Y
Upland Amity AM-40* Y ��
Townsend Woodstoves TN-25* Y
NATIONAL STEELCRAFTERS, INC*
Craft CB-4830 Insert* N
OK DOKE,LTW
Sweethearth Presidential 8001800XV Y
OREGON WOODSTOVES,INC.
Model 0S/1 Y
ORRVILL.E PRODUCTS,INC.
CC 350 Y
Country Comfort CC325 Y
CC250* Y
CC175 and CC155* N
CC185 and CC1651* N
CC-185 and 165* iN.
CC180 ,N
Country Comfort CC160 `N
OSSURN MANUFACTURING, INC.
1050 ;N
Osbum 1600 !N
Osburn 1600B-1N
2200 N ._.�.
2400 B - N ._.. ®.�.
Model 1100 N
PACIFIC ENERGY FIREPLACE PRODUCTS LTD
Super 27, Design D, Spectrum,Standard,Pacific Ins.* Y
Vista Series A N
Vista Series C � i, N
Page 8
Sheetl r>
PIAZZETTA S.P.A.*
.____ _.—__-_--- N
M+-del 905" N
POLAR FIREPLACES*
Woodchlef 300 E* N
Woodchlef 400 E* N
PYRO INDUSTRIES,INC.*
Whitfield Quest WP-4* N 10/19/93
PRECISION GAS TECHNOLOGIES
WS-150 N
REGENCY INDUSTRIES,INC.*
F2000M Medium Freestanding Stove* N
F3000L* N
H2000M Hearth Heater insert* N
R33, RA33, F2000M-Medium Freestanding Stoves,* N
Regency R14-2* N _ -
Z2500L Zero Clearance Fireplace* _ N
F1000S Small Freestanding Stove, 110005 Small
Fireplace Insert*
Large Freestanding Stove-F3000L&Large Fireplace
Insert Stove-13000L* N
RENFYRE STOVE C{?JMACC� ENTERPRISES,INC
2800 N
REVERSO MANUFACTURING,LTD
Challenger MMX N
RJM MANUFACTURING,INC
Achiever FPI-I-LEX* Y
FPI-2-LEX/90 Y
RUSSO CORPORATION _
CV-30S y - ---
Russo Glassview GV-21 Y _
RSF ENERGY LTD
dpel 20000
HT(onyx} N
- .
^l0elta* N 7127/95
.� ____.__.
SALVO MACHINERY, INC.*
-__�
Citation Classic W45NCM/l45NC* N
Page 9
t
Sheetl
SECURITY CHIMNEYS LTD.
BIS I i . _._ �-� - N .i
N
SHERWOOD INDUSTRIES, LTD
Envirofire 1000 N.�...__
Envirofire 1500* N
Envirofire 1600 N
Envirofire
Envirofire 2100 N
TETON STOVE COMPANY*
TS-92* N
THELIN CO., INC*
Easy Fire* N 7/20194
Little Gnome* N 7/20/94
Model V(Turbo)* ;N 7/20/94
TRAVIS INDUSTRIES,INC.
Avalon 1196, Lopi 520/96, Flush Bay-96* :N
Avalon 996* N
Avalon 1190, Lopi Liberty(Formedy 1150&520-NT)* :N
Avalon 7901745(Formerly Avalon 798)* #N
Avalon Model 990/945(Formerly 950/945)* N
Avalon 900 PS* N 10/12/93
Avalon 900 PI* iN 10/12/93
Fireplace Xtrordinair Model 36A* ly
Lopi X/98* - N
Lopi 360-96* 1 N
Lopi Elan-96* N
Lopi Answer/Patriot(Formerly Answer-NT)* (N
Lopi Endeavor, Lopi Revere(Formerly 380-NT&X-NT) N
Lopi Freedom 'N
Lopi 400 PS* 'N 9/16/93
Lopi 400 PI* !N 9/16/93
Madel 44 A Bland Z.C.* 'Y
Fireplace Xtrordinaire Elite 36 Z.C. &B.I. Y
Model 44-A BI and Z.C.* ":Y
Avalon Cottage* N
Avalon Olympic, Lopi Liberty, Lopi Freedom Bay N
Avalon Pendelton 90/Pendelton 45 N
Avalon Rainier 90/Rainier 45 N
Fireplace Xtrordinair 44 Eli#e Y
TRI-FAB,INC.* —
SunRise P-54&SunRise PIL-8* N — --
Page 10
♦ i
S eed
U.S.STOVE COMPANY*
ClaytonMfg Clay 608, 70* Y
_._._.—. �..—
Ashley AFS24, King K3, cat., Freestanding/insert Y__.-
Ashley AHS, AHS213; King KHS2
Ashley C-92 Y
Ashley NCA-1/King KPS N
ULTIMATE HEATING SYSTEM —� -— -�__�---.----- —�—�_ _
BV Y
VERMONT CASTINGS, INC.
Aspen 1920 N
Aspen Model 1920 — N —
Defiant 1920* Y
Resolute Acclaim 0041* N �
Intrepid 11 Model 2070* Y
Intrepid 11 Model 1990 Y
Defiant encore 2550(Formerly 2190) Y
Dutchwest Extra Large Convection Y
Dutchwest Large Convection Heater(Madel 2461) Y
Dutchwest Small Convection Heater#2460 Y
FA288* Y
FA224* Y
FA264* Y
FA455* Y
Model 2170 Y
Resolute Acclaim(Model Number 2490)* N
WinterWarm Small Insert(model 2370)* Y
Winter Warm Small Insert Model 2080* Y i
WinterWarm 1280* Y
Winter Warm Fireplace Insert Model Y
VESTAL MANUFACTURING f
Vestal Fireplace Insert V-200-1,V-200-P,V-200-L Y
Vestal Radiant Heater V-100 Y
W.E.T.INDUSTIRES*
Heat Pro 0210* Y - -
Heat Pro 0110* �~ Y
WATERFORD STANLEY LIMITED
1008 90 32 TV N
1008 90 32 RV N
Ashling _ — _ _ N
Erin OA N
Erinl90 TV N________
Erini90 RV*v
Model 1008* N
Trinity 35* N
Page 11
1
Sheetl
Emerald* N7127/95
104 MK 1131 N
Model 1006, 100B O.S.A., Leprechaun ��. N
Trinity OA N
WEBCO INDUSTRIES*
Marquis 800, 800 XL* Y
WEITZ&CO.,INC*
Briarwood 11190* N
Eagle/Pioneer E90, PZ-90, Briatwood XE-90, XEt
Bnanrwood BB, BBI and BBZC* N
WINRICH INTERNATIONAL*
Wtnrich Pellet Stove N
WOLF STEEL LTD "
Napoleon 1100 N
Napoleon 1400 N
Napoleon: 1900 N
NZ25 Prestige* N µ
Napoleon Prestige N
WOODKILN,INC.* N
Woodkiln WK-23*
WOODSTOCK SOAPSTONE COMPANY,INC.
Catalytic Fireview Soapstone Stove#201 Y
Paladian Model 202* y
Catalytic Fireview Soapstone Stove#205 y
Paladian Model 202&Model 204 y
YUNCA HEATING*
Yunca WEW E/481* N
Previously Certified. Certification date unknown on some
S:tPROJECTS\RWCkwfsJist2.xtw
Wage 12
DEIVED AMERICANHeadquarters Office
295—2r Street
Oakland.CA 94612 OCT 2 4 2000 LUNG
/�
Phone:(510)893-5474 ASSOCIATION s
Fax:(910)893-9008
czi: KAaDl suPERvlso�s of the East Bay
Regional Office CONT�ACCtSTAC .
105 Astrid Drive
Pleasant Hilt,CA 94523
Phone:(925)935.0473 COMMENTS ON DRAFT ORDINANCE ON WOOD BURNING
Fax:(925)935.6530 APPLIANCES
(October 17,2000 Draft)
Board of Directors
Susan S.Griffin
President
George Weberiing Contra Costa County is to be commended for attempting to address
President-Elect problems of wood smoke air pollution with this draft ordinance. The proposed
John serwa rule attempts to reduce the impact of new source proliferation, and also includes
Vice-President proscriptions against burning noxious solid fuels other than wood. It should be
Michael Upsett,MD recognized,however,that the draft ordinance will be of limited effectiveness, as
Secretary described below.Hopefully,therefore,the Beard will see this as the first,rather
Rodney Hughes,CPA than as a final, step in the process. Specific concerns that we have include the
Treasurer following:
Jennifer Brandenburg 1. The draft ordinance relies on EPA Phase II wood stoves as the preferred
Paul Devivo alternative to conventional wood-burning appliances. While Phase II devices
Dr
D
Phil ysdare
Phil Dligan do emit lower levels of particulate matter and other pollutants than earlier
Maine Frazei wood stove technology,the reductions are not that dramatic—on the order of
Ronald Greene,MD 40—60%. If an older stove emits as much particulate matter as 900--1,000
Leslie Hata,DDS gas heaters, a home heated with a Phase 11 device would still produce as much
Bruce Herold pollution as several hundred homes heated with gas or oil. [This example is
Richard Kops,MD based on information provided by staff at the Puget Sound Air Pollution
Bang Licht Control District.]
Randolph Lippert,MD
Judy Martin-Holland,RN
Gary Miller 2. 718-10.206(a) —What does"other recognized agencies"mean?Recognized
Judy O'Callaghan by whom?
Wilfrid F.Roberge,Jr.
Laura Rohde 3. 718-10.208(b)—The EPA does not yet certify masonry fireplaces, so
Richard Scott inclusion of this section is misleading, at best. What does certification by"an
Walter Stephen EPA approved wood burning appliance testing laboratory"mean in this
Sherryt Stlen1jes,RN context?If there are no EPA certification criteria for masonry fireplaces,then
Stanley Tobin
Donovan Wilson °`certification"by the testing laboratory will not necessarily mean anything in
terms of pollution reduction. Adding approval by the county building official
as a requirement here does not remedy this problem, as there are no criteria
Executive Director specified for the official's decision-making process. Therefore,the default
DeLols M.Basnett position of the county building official will likely be approval. This subsection
does not present a realistic alternative at the present time. It is certainly not
WhenYou Can't equivalent to subsection 718-10.208(a).
Breathe,
Nothing Else
Matters'O
Printed on Recycled Paper
Page 2
ALA of the East Bay
Comments on Wood Burning Ordinance
4. 718-10,208(c)—If subsection(a)requires only EPA certification,why does
subsection(c)require certification"by an EPA approved wood burning
appliance testing laboratory"and approval by the county building official?If
certification by the testing laboratory is intended to be based on EPA's
criteria,then this section is superfluous. If the testing laboratory has the option
to apply other criteria,it is not clear how the latter would necessarily be
related to emissions reductions. Moreover,what criteria would be applied by
the county building official in making the decision to approve or reject the
application?If there are no criteria specified in the ordinance,this decision
becomes rather arbitrary, and is likely to result in approval as the default
position. Therefore, one potential impact of including this provision in the
ordinance may be to undermine the effect of subsection 718-10.208(a).
S. 718-10.210—While the meaning of"petroleum products"maybe obvious, it
does not have a corresponding definition in section 718-10.206,which only
defines"waste petroleum products."
The proposed ordinance would theoretically impose restrictions on the installation
of new wood-burning appliances in the unincorporated areas of Contra Costa.
However, the vagueness and misleading language in section 718-10.206,
particularly subsections (b)and(c), could allow actual building practices to vary
substantially from the stated intent of the ordinance, i.e., "to limit and/or reduce
particulate emissions caused by the use of wood burning appliances."
Thank you for considering our comments. Should you have questions, or need
additional information,don't hesitate to ca.
Sincerely,
DeLois M. Basnett
Executive Director
,r XEIVED . V
� - - AMERICAN
OCT 2 4 2000 LUNG
A
. ��g � CL SUPERVISORS OCIATIONS
J �� �� coNrR,acosracO,
of the East Bay
S ��� 4
COMMENTS ON DRAFT ORDINANCE ON WOOD]BURNING
T APPLIANCES
k (October 17, 2000 Draft)
Contra Costa County is to be commended for attempting to address
OWE
problems of wood smoke air pollution with this draft ordinance. The proposed
rule attempts to reduce the impact of new source proliferation, and also includes
x proscriptions against burning noxious solid fuels other than wood. It should be
*' v recognized,however, that the draft ordinance will be of limited effectiveness, as
; described below. hopefully, therefore, the Board will see this as the first, rather
than as a final, step in the process. Specific concerns that we have include the
following:
l 1. The draft ordinance relies on EPA Phase II wood stoves as the preferred
k alternative to conventional wood-burning appliances. While Phase II devices
do emit lower levels of particulate matter and other pollutants than earlier
y w wood stove technology, the reductions are not that dramatic—on the order of
40—60%. If an older stove emits as much particulate matter as 900—1,000
' gas heaters, a home heated with a Phase II device would still produce as much
pollution as several hundred homes heated with gas or oil. [This example is
based on information provided by staff at the Puget Sound Air Pollution
Control District.]
x 2 718-10.206(a)—What does "other recognized agencies"mean?Recognized
by whom?
3. 718-10.208(b)—The EPA does not yet certify masonry fireplaces, so
inclusion of this section is misleading at best. What does certification by"an
t ,
� ;. EPA approved wood burning appliance testing laboratory„mean in this
� � .
17
context?If there are no EPA certification criteria for masonry fireplaces, then
"certification"by the testing laboratory will not necessarily mean anythingin
q,
terms of pollution reduction. Adding approval by the county building official
a as a requirement here does not remedy this problem, as there are no criteria
specified for the official's decision-making process. Therefore, the default
u m' position of the county building official will likely be approval. This subsection
L
k does not present a realistic alternative at the present time. It is certainly not
equivalent to subsection 718-10.208(a).
a
a ;
, r
{P
L
Vn
' !
Page 2
ALA of the East Bay
Comments on Wood Burning Ordinance
4. 718-10.208(c)—If subsection(a)requires only EPA certification,why does
subsection(c)require certification"by an EPA approved wood burning
appliance testing laboratory"and approval by the county building official?If
certification by the testing laboratory is intended to be based on EPA's
criteria,then this section is superfluous. If the testing laboratory has the option
to apply other criteria, it is not clear how the latter would necessarily be
related to emissions reductions. Moreover,what criteria would be applied by
the county building official in making the decision to approve or reject the
application?If there are no criteria specified in the ordinance, this decision
becomes rather arbitrary, and is likely to result in approval as the default
position. Therefore, one potential impact of including this provision in the
ordinance may be to undermine the effect of subsection 718-10.208(a).
5. 718-10.210—While the meaning of"petroleum products"maybe obvious, it
does not have a corresponding definition in section 718-10.206,which only
defines"waste petroleum products."
The proposed ordinance would theoretically impose restrictions on the installation
of new wood-burning appliances in the unincorporated areas of Contra Costa.
However, the vagueness and misleading language in section 718-10.206,
particularly subsections(b) and(c), could allow actual building practices to vary
substantially from the stated intent of the ordinance, i.e., "to limit and/or reduce
particulate emissions caused by the use of wood burning appliances."
Thank you for considering our comments. Should you have questions, or need
additional information, don't hesitate to call.
Sincerely,
DeLois M. Basnett
Executive Director
i
t
REGULATION 4
Ori I
Table of Contents �...,_. . ........
r.. .. PAGE
Rule 4-100 - Title 4-1
Control Measure For Wood Fired
Appliance Emissions
Rule 4-110 - Purpose 4-1
Rule 4-120 - Applicability 4-1
Rule 4-130 - Effective Date 4-1
Rule 4-140 - Definitions 4-1
Rule 4-190 - Severability 4-4
Rule 4-200 - District Certification of Non-Affected
Devices 4-4
Rule 4-300 - Fees 4-9
Rule 4--400 - Standards and Limitations 4-10
Rule 4-420 - Fuel Limitations and Prohibitions 4-11
Rule 4-500 - Enforcement 4-12
s:\ru1es\reg4\tb1cont.doc
NORTHERN SONueA COUNTY AIR POLLUTION COrl-ROL DISTRICT
REGULATION 4
RULE 100 - TITLE
CONTROL MEASURE FOR WOOD FIRED APPLIANCE EMISSIONS
RULE 110 - PURPOSE
The State Air Resources Board (ARB) adopted a particulate
matter (PM10) ambient air quality standard (AAQS) in December,
1982. The levels for the PM10 AAQS were selected pursuant to
California Code of Regulations Title 17 Section 70200 to protect
the health of people who are sensitive to exposure to fine
particles. The District has monitored PM10 in the District and
has recorded consistent exceedances of this standard. Pursuant to
Health and Safety Code Section 39608 the ARB has declared this
District non-attainment for PM10. The State Legislature in 1988
adopted the California Clean Air Act that requires attainment
plans be ". . .designed to achieve and maintain the state standards
by the earliest practicable date. . . ". This rule is part of such a
plan to deal with particulate sources contributing to non-
attainment and is intended to limit and/or reduce particulate
emissions caused by the use of wood fired appliances.
RULE 120 - APPLICABILITY
This regulation shall apply within the boundaries of the
Northern Sonoma County Air Pollution Control District as defined
in Regulation 1 (Rule 100) to any person who owns, operates, or
who plans to install, build, own, or operate, a .wood fired
appliance. Gas fired fireplaces, as defined herein, are not
subject to this regulation. Cook stoves, boilers and furnaces as
defined in the CFR are also not subject to this regulation.
RULE 130 - EFFECTIVE DATE
Except for Rule 400, the effective date of this regulation
is April 8, 1993. The effective date of Rule 400 is July 8, 1993.
Any person or persons who has filed an application for plan
approval and permit issuance, with the local building agency
prior to July 8 1993, and such application has not expired, is
not subject to the provisions of Rule 400.
RULE 140 - DEFINITIONS
(1) ' "Catalytic" means a wood fired appliance equipped with
device coated with platinum, palladium or other rare metal
located in the combustion chamber of a wood fired appliance
designed to cause relatively complete combustion at lower than
normal temperatures.
(2) "CFR" means Part 60, Title 40, Subpart AAA, of the Code of
Federal Regulations Standards of Performance for New Residential
New Rule Adopted 2/93 4-1
Wood .Heaters, July 1' 91 revision.
(3) "Commercial building" means any building that does not
contain a dwelling unit. For purposes of this definition, area
separator walls, as defined in the Uniform Building Code as
published by International Conference of Building Officials,
shall not create separate buildings.
(4) "Contracting Laboratory" means the EPA accredited laboratory
contracted with the manufacturer(s) to perform emission testing
or test observations.
(5) "Dwelling unit" means any building or portion thereof which
contains living facilities, including provisions for sleeping,
eating, cooking and sanitation, as required by the Uniform
Building Code as published by International Conference of
Building Officials, for not more than one family.
(6) "EPA certified " means certified by the Environmental
Protection Agency as meeting the performance and emission
standards set forth in Part 60, Title 40, Subpart AAA, Code of
Federal Regulations, February 26, 1988.
(7) "Garbage" means all solid, semisolid, and liquid wastes
generated from residential, commercial, and industrial sources,
including trash, refuse, rubbish, industrial wastes, asphaltic
products, manure, vegetable or animal solid and semisolid wastes,
and other discarded solid and semisolid wastes.
(8) "Gas fired fireplace" means any device that burns natural or
liquid propane gas as its fuel through a ceramic, or otherwise
non combustible gas log that is permanently installed in the
device. As used herein, permanently installed means the burn pan
and associated equipment cannot be removed from the masonry or
metal base of the device.
(9) "Manufacturer" means any person who constructs or imports a
wood fired appliance.
(10) "Masonry Fireplace" means any wood fired appliance
primarily constructed on site of masonry products such as brick,
stone, clay, or other precast stone or concrete products, which
is a non-affected device and is not a pellet stove.
(11) "Method 5G/H" is a test method(s) for determination of
particulate emissions from wood fired appliances from dilution
tunnel sampling and stack locations as described in 40 CFR, Part
60, ' Subpart AAA, Appendix A. •
(12) "Method 28" is a test method designed to establish
certification test conditions and the particulate matter weighted
emission values, as described in 40 CFR Part 60 , Subpart AAA,
Appendix A.
(13) "Method 28A" is a test method to measure air to fuel ratios
New Rule Adopted 2/93 4-2
and minimum achiev,: vle burn rates as descried in 40 CFR, Part
60, Subpart AAA, Appendix A.
(14) "Model Line" means all wood fired appliances offered for
sale by a single manufacturer or association of manufacturers
that are similar in all material respects.
(15) "Non-affected Device" means any wood fired appliance that
is not subject to the new source performance standards set forth
in the CFR for new residential wood fired heaters.
(16) "Paints" means all exterior and interior house and trim
paints, enamels, varnishes, lacquers, stains, primers, sealers,
undercoatings, roof coatings, wood preservatives, shellacs, and
other paints or paint-like products.
(17) "Paint solvents" means all organic solvents sold or used to
thin paints or to clean up painting equipment.
(18) "Pellet Stove" means a wood fired appliance which meets all
the following criteria: (a) the manufacturer makes no reference
to burning cordwood in advertising or other literature; (b) the
appliance is safety listed for pellet fuel only; (c) the
appliance's operating and instruction manual must state the use
of cordwood is prohibited by federal law; and (d) the appliance
must be manufactured .and sold including the hopper and auger
combination as integral parts.
(19) "Person"' means an individual, private corporation, public
entity, partnership, copartnership, firm, association, trust or
estate, or any other private or public legal entity whatsoever
which is recognized in law as the subject of rights and duties.
(20) "Similar in all material respects" means that the
construction materials, exhaust and inlet air system, and other
design features are within the allowed tolerances for components
identified in 60.533 (k) of the CFR.
(21) "Solid fuel" means wood or any other non gaseous or non
liquid fuel.
(22) "Treated wood" means wood of any species that has been
chemically impregnated, painted, or similarly modified to improve
resistance to insects or weathering.
(23) "Waste petroleum products" means . any petroleum product
other than gaseous fuels that has been refined from crude oil,
and has been used, and, as a result of use, has been contaminated
with physical or chemical impurities.
(24) "Wood fired appliance" means any fireplace, or wood fired
heater that burns wood, pelleted wood or any other non gaseous or
non liquid fuels, or any similar device burning any solid fuel
used for aesthetic or space-heating purposes, and which has a
heat input less than one million British thermal units per hour.
New Rule Adopted 2/93 4-3
RULE .1.90 Severabi.L ty
If any section, subsection, sentence, clause or phrase of
this regulation is for any reason held to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of
the remaining portion of this regulation
RULE 200 - DISTRICT CERTIFICATION OF NON-AFFECTED DEVICES
A. Application for Certification: A manufacturer of a non-
affected device model line that .is not a pellet stove may
apply to the District for certification of that model line
as a District approved wood fired appliance. Each non-
affected device model line offered for sale or use in the
District shall be District certified. Certification and
recertification shall be obtained pursuant to the
requirements contained herein:
1. Required information: Each application shall contain
the fallowing: y
a. the information required by paragraph (b) of
section 60.533 of the CFR, to the extent such
information applies to the model line;
b. a statement attesting that the model line is not
subject to the standards of the CFR and the basis
for such exemption.
C. a statement that the wood fired appliance being
submitted for testing is similar in all material
respects to other appliances in the model line.
d. the name of the EPA accredited laboratory that
will perform certification testing.
e. a statement as to how the manufacturer will
permanently label the model line appliances to
provide accessible identification of each
appliance.
f. all other information determined by the Control
Officer to be needed for an adequate evaluation of
the model line.
2. Application Completeness: The Control Officer shall
notify the applicant within 30 days of application
receipt as to the completeness of the application.
3 . Prior Approval of Testing Protocol Required: Prior to
testing the specific non-affected device, the
contracting laboratory shall submit to the District a
source testing protocol for the Control Officer's
review and approval. The source test protocol shall
specifically delineate the test conditions under which
New Rule Adopted 2/93 4-4
the same- ng is to be conducted, tr4- number of samples
to be taken, and the sampling method. The procedures
established under 60. 533 (compliance and certification)
and 60.534 (test methods and procedures) of the CFR
shall be used in the formulation of the testing
protocol to the extent determined applicable by the
Control Officer. Field tests using EPA Office of
Research and Development approved test and quality
assurance protocols are an acceptable alternative to
laboratory testing. The Control officer shall review
any protocol for compliance with the above
requirements and shall specify in writing any
additional conditions necessary to assure that valid
sampling is conducted. The Control officer shall
provide written notice of approval or conditional
approval to the contracting laboratory.
4. Requirements for Submission of Prior Test Data: Test
data obtained by an EPA accredited laboratory prior to
the effective date of this Rule may be submitted as
part of an application for certification of a model
line. Field test data obtained by an EPA accredited
laboratory prior to that date, using EPA Office of
Research and Development approved testing protocols and
quality assurance programs, may also be submitted.
Such submittals must be made by the EPA accredited
laboratory which performed the testing. All test data
obtained during the test runs shall be submitted. Test
data shall be accompanied by full quality assurance
documentation, statement of sampling methods used and
how the appliance was operated during the sampling, a
description of the manufacturer's involvement in
testing, and an explanation of how the results were
calculated. The manufacturer shall be responsible for
making a complete application and shall be subject to
all other requirements of Rule 200.A. The Control
Officer may accept the prior test data if he or she
determines it provides sufficient reliable information
to adequately evaluate the model line, or may require
additional testing. If the test data or methods are
determined inadequate, the Control Officer shall notify
the applicant in writing as to the basis for the
determination.
5. Testing Requirements: Testing shall be performed by
the contracting laboratory using the approved testing
protocol. Where an EPA office of Research and
Development approved field testing protocol and quality
assurance program are to be used, individuals other
than employees of the contracting laboratory may
conduct the testing but the testing shall be observed
by a representative of the contracting laboratory to
ensure that the protocol is followed. The quality
assurance portion of such an observed field test must
be performed by the contracting laboratory' s
New Rule Adopted 2/93 4-5
representative. All test results ana quality assurance
documentation shall be forwarded directly to the
Control Officer by the contracting laboratory.
6. Review of Certification Application By Control Officer:
The Control Officer shall issue a certificate of
compliance to a model line for A period of 5 years if
he or she determines that:
a. Emission test: A valid certification test has
demonstrated that the wood fired appliance
representative of the non-affected device model
line complies with applicable emission limits of
Rule 400.A. To be valid the test must be
conducted in accordance with all procedures and
parameters established in the approved testing
protocols and be performed on a wood fired
appliance, which is, except as provided in
subparagraph (b) below, similar in all material
respects to other devices of the model line for
which certification is sought.
b. Design tolerances: Any tolerances or materials for
components identified in paragraphs k(2) or (3) of
section 60.533 of the CFR that are different from
those ~specified in those paragraphs may not
reasonably be anticipated to cause the wood fired
appliances to exceed the applicable emission
limits of Rule 400 A.I.
C. Audit testing: The' manufacturer of the model line
has agreed in writing to bear all costs associated
with random compliance audit testing as specified
by the Control Officer at an EPA accredited
laboratory. Where practical the Control Officer
shall use the appropriate sections of the CFR in
determining the frequency of such random
compliance testing. Such audit testing will be
conducted using the same test protocol as for
certification. The frequency of random audit
testing shall be identified in any certificate of
compliance issued by the Control Officer.
d. {duality assurance: The manufacturer has in place a
quality assurance program to inspect tolerances
and materials in the model line. This
determination may be made based upon statements
and proof provided in the initial application.
e. Warranty: The manufacturer of the model line
provides warranty coverage to the owner that is no
less stringent as that in the CFR.
f. {owners manual: The manufacturer of the model line
will provide an owner' s manual with each wood
New Rule Adopted 2/93 4-6
firL>a appliance that has . ' least the same
material and language as required in paragraph K
of section 60.536 of the CFR.
g. Labels: The manufacturer of the model line shall
permanently label each appliance of the model line
to provide model line identification and that the
labeling is placed in a readily accessible
location.
B. Application for Pellet stave certification : A manufacturer
of a pellet stove model line that is also a non affected
device may apply to the District for certification of that
model line as a District approved pellet stove. Each non-
affected device pellet stove model line offered for sale
or use in the District shall be District certified.
Certification and recertification shall be obtained pursuant
to the requirements herein.
1. Required information: Each application shall contain
the following:
a. test results obtained by an EPA accredited
laboratory demonstrating an air to fuel ratio
greater than or equal to 35:1 where the laboratory
used EPA Method 28A. This testing is to be
performed on a device representative of the model
line for which certification is being sought.
b. test results obtained by an EPA accredited
laboratory using either EPA Method 5G or 5H, and
corrected to 5H, which have been conducted under
minimum burn conditions (category 1) , using EPA
Method 28. This testing is to be performed on a
device representative of the model line for which
certification is being sought.
C. written declaration from the president of the EPA
accredited laboratory that the information
required in 200 B.l.a. and 200.B. 1.b. has been
obtained in accordance with the testing protocols
established therein.
d. a written statement from the manufacturer that
demonstrates to the satisfaction of the Control
officer that the particular model line is safety
listed. The manufacturer shall also identify how
it will permanently label the model line so as to
provide accessiple identification of each
appliance.
e. all other information determined by the Control
officer to be needed for an adequate evaluation of
the model line.
New Rule Adopted 2/93 4-7
2 . Application Completeness: The CortL;bol Officer shall
notify the applicant within 30 days of application
receipt as to the completeness of the application.
3 . Review of Certification by Control officer: The
Control Officer shall issue a certificate of compliance
to a pellet stove for a period of 5 years if he or she
determines that the criteria established in 200 B. 1.
have been met and that the device complies with the
emission limits of Rule 400.A. .
C. control officer's Authority to Condition a Certificate of
Compliance: The Control Officer may include in any
certificate of compliance such terms or conditions as he or
she determines necessary to ensure that the model line will
continue to comply with Rule 400 A. l.
D. Revocation: The Control officer may revoke certification of
a model line if the Control officer determines that the wood
fire appliances being produced in the model line do not
comply with the requirements of Rule 400.A, Rule 200.A, or
Rule 200.B. Such a determination of revocation shall be
based upon all available evidence including the revocation
criteria set forth in paragraph 1 of section 60.533 of the
CFR where applicable or, such other criteria as determined
by the Control Officer to be applicable. Should a District
certified model iine become subject to the CFR standards,
District certification shall be revoked at the time the
model line is required to be certified under the CFR.
B. Appeal of Decisions: A manufacturer may, by petition,
appeal the decision of the Control Officer to issue or deny
a certification or recertification or to revoke a
certification. Such a petition must be filed within 10 days
of receipt of notification of the issuance, denial, or
revocation. The procedures established under Regulation I,
Rule 610, 620, 630, 640, and 650 of the District shall
apply to petitions, hearings., decisions, records, and
judicial review of decisions made under this Rule.
F. Recertification: Upon application for renewal of
certification by the manufacturer, the Control Officer may
waive the requirement for certification testing if he or she
determines that the model' line continues to meet the
applicable requirements of certification set forth in Rule
200 A. 6 or Rule 200 B. 3 of this section and that the model
line for which recertification is sought is similar in all
material respects to the model line that was originally
certified.
0. Review of Source Testing Protocols: The Control Officer may
review any source testing protocols proposed by a
manufacturer or group of manufacturers which are not related
to a specific application. In such event the manufacturer(s)
shall pay all costs associated with this review in
New Rule Adapted 2/93 4--8
1
.accordance wi'xi Rule 300.C.
H. District Duty to Maintain List of Approved Appliances: The
Air Pollution Control officer shall prepare and maintain a
list of approved wood fired appliances. The list shall
identify the nature of the control technology as catalytic
or non catalytic. The Control Officer shall make this list
publicly available and shall update the list once a year or
more often as needed.
I. cross certification - The Control Officer in his or her sole
discretion may accept for addition to the District's list of
approved appliances a model line that has been certified by
another California air pollution control agency, provided
the certification procedures and testing protocols used by
that agency are determined by the Control Officer to be
substantially equivalent to those used by the Northern
Sonoma County Air Pollution Control District. A request for
cross certification shall be made in writing by the
manufacturer to the Control Officer. The manufacturer shall
identify the model line(s) for which cross certification is
requested, the name of the originating district and the name
of the individual at the originating district who is
responsible for the certification review.
For each model line for which the manufacturer is seeking
cross certification, a one time fee shall- be charged in
accordance with Rule 300 C. to offset District costs in
verifying the criteria established above. Cross
certification shall remain in effect so long as the
manufacturer maintains a valid certification with the
originating district. The Control Officer may remove a cross
certified model line from the District's list of approved
appliances if he or she determines that:
a) the manufacturer has failed to comply with the
originating district's certification requirements; or
b) the originating agency's certification program was not,
or is no longer, substantially equivalent to that of
the Northern Sonoma County Air Pollution Control
District.
J. District To Make Test 'Protocols Publicly Available: The
Control officer shall make any District approved testing
protocol available to the public.
RULE 300 - FEES
A. certification Fees: Except for pellet stoves, every
manufacturer of a wood fired appliance model line applying
for District certification shall pay a basic application fee
of $1,000. Application fees for a pellet stove model line
shall be $100, 00. These basic .fees shall be adjusted in
accordance with the fee adjustment factor established by
New Rule Adopted 2/93 4-9
Rule , 300. f of Regulation 1. In the event District costs to
process the application exceed this basic fee, the
manufacturer shall pay all such additional District costs in
amounts and at such times as determined by the Control
Officer. Such additional costs shall not exceed the actual
cost of processing the application.
S. Recertification Fees: Except for pellet stoves, every
manufacturer of a wood fired appliance model line applying
for District recertification shall pay a basic
recertification fee of $1, 000. Basic recertification fees
for a pellet stove model line shall be $100.00. These basic
fees shall be adjusted in accordance with the fee adjustment
factor established by Rule 300. E of Regulation 1. Where the
Control Officer has waived the requirement for additional
certification testing in accordance with Rule 200 F. , the
recertification fee for all non-affected device model lines
shall be one half the adjusted basic fee. In the event
District costs to process the application exceed this basic
fee, the manufacturer shall pay all such additional District
costs in amounts and at such times as , determined by the
Control Officer. Such additional costs shall not exceed the
actual cost of processing the application.
C. Source Test protocol Review and Cross Certification Fees:
The Control Officer shall recover all District costs of
source test protocol review and cross certification
verification as costs are incurred. The manufacturer(s)
shall pay all such fees in an amount, and at such times as
determined by the Control Officer. Such fees shall not
exceed the actual cost of administering these review
processes.
D. Non-payment of Fees - Should a manufacturer fail to pay any
fees when due, the Control officer shall suspend application
processing, source test protocol review, or cross
certification review. Application processing, source test
protocol review, or cross certification review shall
recommence upon payment of fees. Certification,
recertification or cross certification shall not be issued
until all fees are paid in full. The Control Officer shall
not approve any source testing protocol for use in an
application until all protocol review fees are paid.
RULE 400 - STANDARDS AND LIMITATIONS
A. Emission Standard: A District approved wood fired appliance
shall be EPA or District certified, and emit less than or
equal to 7.5 grams particulate per hour for a non catalytic
wood fired appliance or 4. 1 grams per hour for a catalytic
wood fired appliance.
B. Limitations on new, existing, or replacement wood fired
appliances: No person shall install, or allow to be
installed, any wood fired appliance unless it is approved by
New Rule Adopted 2/93 4-10
j
the District, :except as provided in Rule>..:; ,00.C.
C. Exemptions
1. Limitations on used wood fired appliances: No person
shall sell, offer for sale, supply, install, or
transfer ownership of a used wood fired appliance which
has been removed from its dwelling unit or commercial
building unless it has been rendered permanently
inoperable, or unless it is District approved or has
received, at any time, a certification from the
Environmental Protection Agency or the State of Oregon.
This limitation does not prohibit the sale of any wood
fired appliance which is transferred as an appurtenance
to a commercial building or dwelling.
2. Masonry fireplaces: Masonry fireplaces are exempt from
the limitations of Rule 400 for a period of two years
from the effective date of this rule.
RULE 420 - FUEL LIMITATIONS AND PROHIBITIONS
A. Moisture content limit for seasoned wood
1. No person shall sell, offer for sale, or supply any
wood which is orally, or in writing, advertised,
described, or in any way represented to be "seasoned"
or "dry" wood unless the wood has a moisture content of
20 percent or less by weight on a wet basis.
2. The Air Pollution Control Officer shall specify the
procedures to measure wood moisture content and the
appropriate wood moisture measuring device to be used
` to determine compliance with the provisions of
subsection 420.A.1. Such test procedures shall
include ASTM test method D4442-84 or wood moisture test
meter as identified by the officer. A violation as
determined by any of the above test methods shall be
considered a violation of the rule.
3 . The Air Pollution Control Officer may delegate to
another person or agency the authority to test wood for
moisture content and determine compliance with Rule
420.A. 1.
B. Prohibited fuel types
Except for commercial products expressly manufactured for
starting a fire in a wood fired applicance, no person shall
cause, or allow, any of the following materials to be burned in a
wood fired appliance:
New Rule Adapted 2/93 4--11
(1) garbage,
(2) treated wood,
(3) plastic products,
(4) rubber products,
(5) waste petroleum products,
(6) paints and paint solvents, and
(7) coal.
RULE 500 - ENFORCEMENT
No person shall violate any provision of these rules and
regulation. Any person violating any provisions of these rules
and regulation is guilty of a misdemeanor and/or is liable for a
civil penalty and shall be subject to a fine or imprisonment or
bath as allowed by Health and Safety Code Division 26, Part 4,
Chapter 4, Article 3. Every day during any portion of which the
violation occurs constitutes a separate offense.
s:rulerlreg4lreg4geo.cln
02!08/93
New Rule Adopted 2/93 4-12
Sheetl
MANUFACTURER _ CATALYTIC NSCAPCD CERT__
- — --------- --
ALADDIN HEARTH PRODUCTS --------------
_ -
-- _-_
Quadra-Fire 2100, 2100 I N
Quadra-Fire 3100, 3100F-I* N
Quadra-Fire 4100* N
Quadra-Fire 5100 1* N
Quadra-Fire 1800 N
Quadra-Fire 1800 1* N
Quadra-Fire 1900 — N -------------____-_--. _.-_.____
Quadra-Fire 5100-1 Fireplace Insert N —___ --------- --4 - —
Quadra-Fire 4300 -_ - -- N ---- ----------------- -------------
Quadra-Fire 1000* 7/23/93
Quadra-Fire 1101-1* 7/23/93
S-22&S-221 N
---------------
ALADDIN HEARTH PRODUCTS(HEATILATOR, INC.) _
Heatilator LE* N --
Arrow S12(Stove) & 112(Insert) N _
Arrow S22&122* N
Arrow S32&132* N -
Arrors Model 700 N - --
Drove Cape Cod N
—�_—
Heatilator 1190/Arrow 1490(S20)* N -
Heirloom 390* Y
Horizon 500 CC* Y
1890(S30)- N --
Model 2590* Y -
Model 400 N
S10 and 110* N .
Sunburst II Model 2208 N
Heailator NX* N 9/16/93
APPALACHIAN STOVE&FABRICATORS, INC.
32-BW Y
Trailmaster Model 4N1-XL 11 Y
Model 30-CD* - Y
Model 360-CR Y
Model 36 BW* Y
ATLANTIC POOLS INC.(CENTURY HEATING) _
Cabot Elite S17XE* N
Campbell/Jacuzzi FW300005-FW300008&
FW300019-FW300027 N
FW247 N ---- - -
Fraser/Elite I, S407E, S408E, S409E N -_-- -�-- --
Model Campbell II Elite S-24X and FW24 Series N___----- -- - - ---_-
S27X/S28X& FW27 Series N
Pagel
{ s
Sheatl
AUSTROFLAMM U.S.A., INC _
Integra C1121"`
Esprit Wood 119.1 N
BLAZE KING INDUSTIRES
Blaze King KEJ-1102 Y
Blaze King PEJ 1003 -�— - -- — Y
Blaze King, Royal Guardian RGT-3001 -- N --
BRASS FLAME STOVE COMPANY* --� -
Brass 1=aime KS-805* N
Brass Flame KS-1005, KS-20001* N
BUCHANAN WELDING&FABRICATION, INC.*
XTEC 2000* Y
XTEC 2500* Y
XTEC Stove Model 1500* Y
High Valley Bay 2500* Y
High Valley Model 1500* Y
-
BUCK CORPORATION*(SEE NEW BUCK CORP)
Bay Model 91* Y
Model 20* Y
Model 21* N
Model 26* N
Model 51* - N
MODEL XL-80* Y
New Buck/Carolina Model 17* Y
COUNTRY FLAME
BBF Y
NC-6D* N
SBF/A* Y
B/A Y
E-2* Y
E-1/90 Y
R/90 Y
0-2/90 Y
Patriot* N
Combo Air* N
-
COUNTRY STOVES, INC
Striker Model S 160/C 160 N
Converter C310, Elite E310 N
T-Top Model 5310 N
T-TOP S260, CONVERTER C260, and ELITE E260 N
T-Top Model 5240* N
C-240 and E-240* N _ -
S-210,C-210,E210, SA210,CA210 and EA210 — --- N - ---- - - �—
Page 2
Sheetl
CRD PRECISION FABRICATORS, INC (CHIPPEWA}*
Energy King 2500C* 1°
Energy King Bay* Y
Energy King Legacy 1600*
Energy King Legacy 1650* N
Energy King Legacy2150* N
Energy King Legacy900* N
Energy King Legacy950*
Model Silhouette 2850C* Y -- - -� -
DELL POINT TECHNOLOGIES �- -- ------ -
DC 2000 IV
DROLET STOVES AND FIREPLACES, INC
HT 1600 and HT 1600 DELUXE N
HT-2000 N
,Model HT-1, High Tek 1000 N - —
DERCO, INCJGRIZZLY STOVES-
Achiever FPI-1-LEX* Y
FP12-LEX/90* Y —
THE EARTH STOVE, INC* _ —
1003-C Y —
Bayview BV4000C* Y -
Bayview BV400C/450C* Y
1800HT/1750HT and 2800HT/2750HT N
Model T200C Y
MP 40* N 4/12194
MP240* N 4/12/94
WP50* N 4/12194
MP250* N 4/12/94
MR35/50* N 4/12/94
TP40* N 4/12/94
TP40N* N 4/12/94
TP340* N 4/12/94
TP440* N 4112/94
HP40* N 4/12/94
Brass Flame KS-1005, KS-20001 N
Brass Flame KS-805 N
Earth Stove and Ranger 1500HT, 2500HT, 1400HT N
Traditions T300HT&T3000HT N
The Earth Stove 1900HT&290 HT N _-- - - —
ELMIRA STOVE WORKS/HENDRICK ENERGY SYSTEMS, INC*
2800* N ----------- ---------
Fire View Insert 2700* N
Fireview 2300* N
Page 3
Sheetl
EMPIRE PROD., INC*
Easy Fire* N 7/20/94
Sweet Home AFX-HT, AFI-HT* N
ENGLAND'S STOVE WORI{S
Mode! 18 PC
Englander Model 24 AC/FC ----- --------- Y--� �- -- ---`----- -----
Englander Model 24JC Y
Model 241C �Y -
Model 18M-H Y
24 ACCO Y .------------
Summers Heat Model 50-SHW20 Y — —
Summers Heat Model 50-SHW22 Y -
Summers Heat Model 50-SHW25 Y ------�—
F.HUEMER GES.M.E.H* --
Austroflamm Wage Ili N
F.-x DROLET*
Model HT-1, High Tete 1000* N ��--
HT-2000* N
HT 1600 and HT 1600[DELUXE* N
FIREPLACE PRODUCTS INTERNATIONAL LIMITED
F100S Small Freestanding Stove, 110005 Small
Fireplace Insert N
F2100M-Medium Freestanding Stoves, 12100M-
Medium Fireplace Insert N
H2100M Hearth Heater Insert N
Large Freestanding Stove-F3100L& targe
Fireplace Insert Stove 13100L N
Z2600 Zero Clearance Fireplace N
FONDERIES DU LION S.A.*
Efel Symphony 390.74* Y
FRANTECH, INC*
Seefire 900 S* N
Seefire 1600 S* N
Seefire 2100 S* N
Frantech 900* N
Frantech 901* N
Frantech 1600* N
Frantech 1601* N
Frantech 2100* N �-
G18RALTER STOVES, INC. i
Kingston WCC* —�----
Page 4
w 1
Sheetl
G_LO KING WOOD STOVES
GK-50017" N
GK-300HT* N
GK-10017 N
GUERTIN BROTHERS INDUSTRIES, INC*
Emerald 2000* N
GLO KING/PIERCE ENGINNERED PRODUCTS, INC.
GK 100 HT N
H.M.F. FORLONG AND MAISEY LTD* ---� ---- ----__.__.. .--
Merlin 3, Model 3000* N
HARMAN STOVE COMPANY — --- –_- –
Treemont TAC-260C, TAC-260CF* Y
Treemont TAC-340C* Y
CW 30* N
Invincible RS N _ –
Model Exception TL200 N
HAUGH'S PRODUCTS*
Cabot Elite S17XE* N
Campbell Elite S14XE* N ---
Gordon Elite S18XE* N
Model Campbell II Elite S-24X Series* N
S-27X/S28X Series* N
HAWKE MANUFACTURING COMPANY INC
HMI 2811 Y
HEAT-N-GLO FIREPLACE PRODUCTS, INC
CBS-41 N
HEAT TECH INDUSTRIES*
No. 26 GM* N
HEATILATOR, INC.
Heatilator LE N
HEATING ENERGY SYSTEMS _
Trailblazer 1700/1706 N _
Trailblazer Classic 1300/1306 N _
Trailblazer Classic 15001700* -- N 4_ ----�--- –
Trailblazer Genesis 1600/1800 N
Trailblazer Classic 1600 PS* N 9/16/93
Trailblazer Classic 1600 Pl* N 9/16/93
Trailblazer Genesis 2000-C* Y
Page 5
w ,
Sheetl
HERITAGE STOVES INC*
Bostonian 2500 C(Insert)* -- - - -— -_--- Y - --
HI-TECK STOVES* -- --------- --------__ _ --- --W.�__.___�.__�
HI-Teck H 2O00C. y
HIGH SEIRRA STOVES, LTD - ------- —
Evolution Model 70000 — y-- --- --- Y - -
Sierra Ambassador 4700 TEC — y
Siem Classic 15006 N
Sierra Classic 1500T N
Sierra Evolution 8000 TEC Y --
Cricket 5300* N
HIGH VALLEY CONSTRUCTIOON&MAINTENANCE CORP.
High Valley 2000, Craft Stove 2000 Y
High Valley Bay 2500 Y
High Valley Model 1500 Y
Model 1600 N
HMF FORLONG&MALSEY, LTD*
Merlin`3** N
HORIZON RESEARCH, INC.-
Model
NC"Model HR-2* N
HUTCH MANUFACTURING COMPANY
HRS-18C Small Freestanding Y
HRD-27C Catalytic Freestanding Y
DWI-42C-2(EPA)* Y
JAYLINE HEATING LTD*
AMZED JAYLINE 1 B and FS* N
Amzed Jayline Ukal U-12* N
JOTUL U.S.A.,INC.
Firelight 12 Y
Firelight 12CS N
Jotul Model 602 CB Classic N
Jotui Oslo F-500 N
Jotul Petite N
Model 3 TDIC-2 y
Model Series 8 Y
Model 3 CB N
Wage 6
Sheetl
KROG IVERSEN &CO.AIS
Basic 1 &3 N
Scan 20 N
Scan 24 N
Scan 5 N
KUMA STOVE AND IRON WORKS
Kuma K-300/K-400, K-1006" Y
---- -------- --------
Kuma Scott HT-1 N
Madel Kuma 100/300/400* - Y -- - --------
Kuma Wood Classic Madel HT-2 N ---- --_ ____
LONG AGRIBUSINESS -
Silent Flame Model 2058A Y -__---
Silent Flame Model 2062* Y
MARK'S CUSTOM STOVES*
Model Kuma 1001300/400* Y
MAJESTIC*
Majestic BFC36* N _ 7/25195
F36* N 11/28/94
FC36* N 11/28/94
MARTIN INDUSTIRES, INC.*
Ashley CAHF-2, Atlanta ACF-2, King MCF-2* Y
Ashley AHS2,AHS26„ King KHS2* Y
Ashley AFS24, King K3, cat!, freestanding/insert* Y
Ashley C-92* Y
C-92* `j
ASHLEY NCA-1/KING KPS* N
METAL M.D.R.,INC
Le Chancelier N
Le Bachelier N
Model H.E. 1400, XE-1400, &XTD-1.5 N
Model H.E. 1800, XE-1800&XTD-1.9 N
NATIONAL STEECRAFTERS OF OREGON
Breckwell W3000FSIW30001 N
NEW BUCK CORPORATION
Bay Model 91 Y
Model 18N _
Model 20, catalytic Y -
Model 21 --- - -_ N ---— - - ----- -----
Model 26 - - -------- - - --- N ------- -------------- _-
Model 51 N
Model XL-80 Y
Page 7
...............................................................................................
Sheetl
Model 81 N
New Buck/Carolina Model 17 ---- --_ Y ._-��-----_-- _-�_
NHC, INC. —
Harvest A- HII catalytic* Y
Phoenix* N
Phoenix 8612 N
Mansfield N
Starlet N
Heritage N
Mansfield I N
NU-TECIUPLAND DISTRIBUTORS, INC.*
Brenden BR-60* Y
Upland Amity AM-40* Y
Townsend Woodstoves TN-25* Y
NATIONAL STEELCRAFTERS, INC*
Craft CB-48301nsert* N
OK DOKE, LTD.
Sweethearth Presidential 8001800W Y
OREGON WOODSTOVES,INC.
Model OS/1 Y
ORRVILLE PRODUCTS, INC.
CC 350 Y
Country Comfort CC325 ;y
CC250* Y
CC176 and CC155* N
CC185 and CC1651* N
CC-185 and 166* N
CC180 1N
Country Comfort CC160 'N
OSBURN MANUFACTURING, INC.
1050 .N
Osburn 1600 'N
Osbum 16008-1 N
2200 N
2400 B N
Model 1100 N
PACIFIC ENERGY FIREPLACE PRODUCTS LTD _
Super 27, Design D, Spectrum,Standard,Pacific Ins.* Y
Vista Series A N
Vista Series C N
Page 8
Sheet1
PIAZZETTA S.P.A*
904* N
Model 905* N
POLAR FIREPLACES*
Woodchief 300 E* N
Woodchief 400 E* N
PYRO INDUSTRIES,INC.* — ---
WP-2 -
Whitfield Quest WP-4* N --- -� ----10/19/93
PRECISION GAS TECHNOLOGIES --- -J ----__
WS-150 N ----_—______---
REGENCY INDUSTRIES, INC"
F2000M Medium Freestanding Stove* N
F3000L* N
H2000M Hearth Heater Insert* N
R33, RA33, F2000M-Medium Freestanding Stoves,* N
Regency R14-2* N
Z2500L Zero Clearance Fireplace* e N
F1000S Small Freestanding Stave, 110005 Small
Fireplace Insert* N
Large Freestanding Stave-F3000L&Large Fireplace
Insert Stove-13000L* N
RENFYRE STOVE COJMACO ENTERPRISES, INC
2800 N
REVERSO MANUFACTURING, LTD
Challenger MMX N
RJM MANUFACTURING, INC
Achiever FPI-1-LEX* Y
FPI-2-LEX/90 Y
RUSSO CORPORATION
GV-30S Y
Russo Glassview GV-21 Y
RSF ENERGY LTD —_
Opel 2000C Y
HT_(Onyx) - ----- N ----- — --
Delta' N 7/27/95
_SALVO MACHINERY, INC'
Citation Classic W45NC/WI45NC* N
Page 9
«««<
Sheet1
SECURITY CHIMNEYS LTD.
N
SHERWOOD INDUSTRIES, LTD
Envirofire 1000_ —� N
Envirofire 1500* — N
Envirofire 1600 N
Envirofire 2000* N
Envirofire 2100 N
TETON STOVE COMPANY*
TS-92* N
THELIN CO., INC*
Easy Fire* N 7/20/94
Littre Gnome* ,N 7/20/94
Model V(Turbo)* :'N 7/20/94
TRAVIS INDUSTRIES,INC.
Avalon 1196, Lop!520/96, Flush Bay-96* :N
Avalon 996* N
Avalon 1190, Lopi Liberty(Formerly 1150&520-NT)* N
Avalon 790/745(Formerly Avalon 796)* i N
Avalon Model 990/945(Formerly 950/945)* 'N
Avalon 900 PS* N 10/12/93
Avalon 900 Pl* I N 10/12/93
Fireplace Xtrordinair Model 36A* Y
Lupi X/96* N
Lopi 380-96 1 N
Lopi Elan-96* N
Lopi Answer/Patriot(Formerly Answer-NT)* 1N
Lopi Endeavor, Lopi Revere(Formerly 380-NT&X-NT) N
Lopi Freedom 114
Lopi 400 PS* [N 9/16/93
Lopi 400 Pl* N 9/16/93
Model 44-A Bland Z.C.* ,Y
Fireplace Xtrordinalre Elite 36 Z.C. & B.I. Y
Model 44-A BI and Z.C.* Y
Avalon Cottage* N
Avalon Olympic, Lopi Liberty, Lopi Freedom Bay ;N
Avalon Pendelton 90/Pendelton 45 N
Avalon Rainier 90/Rainier 45 N
Fireplace Xtrordinair 44 Elite Y
TRI-FAB, INC.*
SunRise P-54&SunRise PIL-8* N
Page 10
Sheetl
U.S. STOVE COMPANY* _
Clayton Mfg Clay 60B, 70* Y
Ashley AFS24, King K3, cat., Freestandinglinsert Y
Ashley AHS, AHS2B, King KHS2, --- --_ Y -- -_---- ----
Ashley C-92 — Y
Ashley NCA-1/King KPS N__— —
ULTIMATE HEATING SYSTEM - - - — --- --
BV Y
VERMONT CASTINGS, INC.
Aspen 1920 N
Aspen Model 1920 N -
Defiant 1920* Y
Resolute Acclaim 0041* N
Intrepid II Model 2070* Y
Intrepid 11 Model 1990 Y
Defiant encore 2550(Formerly 2190) Y
Dutchwest Extra Large Convection Y
Dutchwest Large Convection Heater(Model 2461) Y
Dutchwest Small Convection Heater#2460 Y
FA288* Y
FA224* Y
FA264* Y
FA455* Y
Model 2170 Y
Resolute Acclaim(Model Number 2490)* N
WriterWarm Small Insert(model 2370)* Y
Winter Warm Small Insert Model 2080* Y
WriterWarm 1280* Y
Writer Warm Fireplace insert Model Y
VESTAL MANUFACTURING
Vestal Fireplace insert V-200-1,V-200-P,V-200-L Y
Vestal Radiant Heater V-100 Y
W.E.T. INDUSTIRES*
Heat Pro 0210* Y
Heat Pro 0110* Y
WATERFORD STANLEY LIMITED
1006 90 32 TV N
1006 90 32 RV N
Ashling N
Erin OAN _
Erin/90 TV — N _
Erin/90 RV* --_ -- N ---_—
Model 1006* N
Trinity 35* __ �-- --------N -------
Page 11
Sheetl
Emerald* N 7127/95
104 MK 1131 - - ----- N --
*
Model 1008, 10013 O.S.A., Leprechaun ---�— - N
Trinity OA N -------
WEBCO INDUSTRIES* - ---�--- -- ----—
Marquis 800, 800 XL* ----- Y
WEITZ&CO., INC*
Briarwood 11/90* N
Eagle/Pioneer E90, PZ-90, Briarwood XE-90, XEI-90* N
Brianrwood BB, BBI and BBZC* N
WINRICH INTERNATIONAL*
Winrich Pellet Stove`* N
WOLF STEEL LTD
Napoleon 1100 N
Napoleon 1400 N
Napoleon 1900 N
NZ25 Prestige* N
Napoleon Prestige N
WOODKILN,INC.* N
Woodkiin WK-23*
WOODSTOCK SOAPSTONE COMPANY,INC.
Catalytic Fireview Soapstone Stove#201 Y
Paladian Model 202" Y
Catalytic Fireview Soapstone Stove#205 Y
Paladian Mofel 202&Model 204 Y
YUNCA HEATING*
Yunca WEGJ E/481* :N
* Previously Certified. Certification date unknown on some
±R0JECTS1RWC%wfa1ist4x1w
Page 12
Page 1 of 2
Julie Enea
From: Michael<gersickassociates r@pacbell.net>
To: Julie Enea<jenea u@cao.co.contra-costa.ca.us>
Cc: <dist4@bos.co.contra-costa.ca.us>
Sent: Friday,October 06,2000 9:19 AM
Subject: Re: [Fwd:Woodsmoke regulation:Aftention Marilyn,for Mark DeSaulnier]
Dear Ms. Enea:
Thank you for your response, and for the citation to your website.
I have reviewed the posted draft woodsmoke Ordinance, dated October 3.
I'm afraid California Hearths & Homes still has the same si nificant concems that we
iterated in my earlier post to Supervisor DeSaulnier, regarding both the failure of that draft
to meet the terms adopted by the Internal Qperations Committee in formal session, and the
terms of the draft alone (irrespective of its disparity from the Committee's conclusion, on the
record).
Given the concurrence of the BAAQMD in an outright exemption for masonry fireplaces for
the immediate future, and the acceptance of the BAAQMD's reasoning and
recommendation by the Committee, we are very curious about the reasons why the
exemption does not appear in your draft. Certainly, no agency has been as aggressive in
its efforts to control woodsmoke FSM, or as comprehensive in its recommended regulatory
response, as has the BAAQMD. Yet, its agreement to exempt masonry fireplaces, already
part of the law—with SAAQMD approval—in varlous local,j{urfsdictlarrs, appears
unacceptable to Contra Costa County staff. We will be asking the full Board of Supervisors
to consider whether this refusal to exempt the fractional number of clean, masonry
fireplaces is appropriate and necessary, given the sup ort for the exemption by the most
vigorous air quality regulatory agency in Northern Califomia.
As to the terms of the "masonry fireplace" provision in the draft, it remains unclear to us
what standard must be achieved in order to be permitted in Contra Costa County. The
applicant fireplace designer cannot look at "certified by an E.P.A. approved wood burning
appliance testing laboratory" and know the emission factors which must be certified to by
the laboratory. There is every reason to interpret the intent of the Ordinance to create a
rcial case for masonry, but the terms of the special case are worrisomely absent.
en the cost of such laboratory demonstrations, no designer would initiate a test without
a reliable and legally sufficient expression of the standard to which his fireplace would be
held. As a result, masonry fireplaces would be indirectly, bort absolutely, precluded from
construction in Contra Costa County.
Further, it is not clear to us what "county building official's approval' intends to convey.
What is the official approving? The standard applied by the laboratory? The testing
protocol employed by the laboratory? The laboratory's certification?
Finally, given the use of the conjunction "and" after"approved wood burning appliance
testing laboratory", does the provision impose an additive, condition subsequent to the
laboratory approval? That is, could a fireplace design meet the standard applied by the
laboratory and still be disapproved by the County on air quality grounds?
California Hearths & Homes appreciates staff s acknowledgement that masonry fireplaces
bum wood more cleanly by far than any other type of fireplace, that they are unique in
design and combustion dynamics and deserving of special consideration. We believe that
staff now understands that no more than two hundred masonry fireplaces will be build in all
10/19/00
Paze 2 of 2
of Contra Costa County in the foreseeable future, and that this combination of clean-
bumhg tactors and small numbers means the masonry fire.dace will have no detectable
effect on particulate matter in the Countv. Given all that, and the BAAQMD's endorsement,
isn't an exemption for masonry fireplaces the most rational, appropriate and practical
means of addressing an utterly inconsequential issue?
We think so, and we look forward to the staffs agreement, and the Board's agreement, as
well.
Michael Gersick
California Hearths & Homes
MICHAELG ERSICK&ASSOCIATES
PUBLIC AFFAIRS ISSUE MANAGEMENT
g�tstcice�soc�aCes actsetl.naf
(818) .9607
> From: Julie Enea <jeneacao.co.contra-costa.ca.us>
> gate: Wed, 04 Oct 2000 5:48:32 -0700
> To: ersickassociates@pacbell.net
> Cc: District 4 <dist4bos.co.contra-costa.ca.us>, Gayle Uilkema
> <gayie@bos.co.contra-costa.ca.us>
> Sub ect: Re: [Fwd: Woodsmoke regulation:Aftention Marilyn, for Mark
> Devaulnier]
> Dear Mr. Gersick,
>
> Supervisor DeSauinier referred your note regarding your concerns on the
> Draft Woodsmoke Ordinance to me. We have posted two revisions to the draft
> ordinance on the County Web Page since the original draft was mailed to you
> by Aruna Bhat. I believe both of the revised drafts address your concerns.
> Could you please check the latest draft at
> hftp://www.co.contra-costa.ca.us/woodsmoke.htmi and let me know if you still
> have concerns? I just want to be sure we're both referencing the same
> document. Also, the public hearing on the ordinance has been set for
> October 24, 2000 at 1:00 p.m. in the Board Chambers. You will be receiving
> a formal notice shortly.
>
> Julie Enea
> County Administrator's Office
> (925) 3351077
>
> ---- Original Message ---�-
> From: District 4 <dist4@bos.co.contra-costa.ca.us>
> To: <jenea@cao.co.contra-costa.ca.us>
cao.co.contra-costa.ca.us>
> Sent: Wednesday, October 04, 200011:45 AM
> Subject: [Fwd: Woodsmoke regulation:Aftention Marilyn, for Mark DeSaulnier]
>
»
10/19/00
Supervisor Gayle Uilkema,Chair ~
Internal Operations Committee
Contra Costa County 2"District
651 Pine St.,R 108-A ..
BAY ARF,A m.
Martinez,CA 9455
Am �ALtTY `
M A N A t;EM�ENT Re: Comments on the draft Contra Costa County Woodsmoke Ordinances,dates of
D I < I. It ` C T revision, Sept. 18*and October V.
Dear Supervisor Uilkema:
The attached comments were submitted to county staff regarding the revised draft
proposals,dated Sept. IS and Oct. A Air District staff hap emphasized that the
language of the Air District's modal woodsmoke ordinance should be retained. At the
September 11'meeting of the Internid Operations Committee,Hearth Products
Associates and California Hearth and Homes representatives were not opposed to the
District's proposed language;only the language specifying the exclusion of the masonry
fireplaces needed to be clarified.
For the masonry exclusion,District staff has proposed the following language:
Masonry fireplaces shall be exempt from the limitations of the ordinance until June 30,
2001. This exclusion should allow the Northern Sonoma Air District sufficient time to
finish its protocol. If Contra Costa County adopts this protocol,it will essentially be
setting an emission standard of 7.5 grams per Hour of particulate matter for masonry
fireplaces, Based on test data that i have reviewed,it would be extremely difficult, if
not impossible,for existing masonry fireplaces to meet a 7.5 grams/hour standard.
The District's ordinance was adopted without controversy by the City of Morgan Hill
on October 4*. Prior to the meeting,the Planning Commission followed the
recommendation of the city planner that masonry fireplaces be excluded from
limitations altogether. The exclusion was based on the small number of masonry
fireplaces being built and the inability of the Asir District and California.Hearths and
Homes to agree on an emission standard. The city planner worked with all interested
parties to reach agreement prior to the city council meeting.
District staff is concerned that agreement between the interested parties regarding the
county's proposal be achieved prior to the meeting of the Board of Supervisors. If you
can assist in facilitating consensus among interested parties and county staff, it may
expedite the adoption of the ordinance. if you have any questions,please contact me at
(415)749-4774 or Terry Lee at(415)749-4905.
Sincerely,
1,74A(
Thomassina Mayfield
Principal Air Quality Specialist
Cc: Supervisor Ae uk DeSaulnier
931) Ei.} {S S i'REE'r • SAN FRAN(,ASQ(_) CALI FORMA 94109 - 415.7`i 1.6000 • trierr,Imngmd.(or
Oct-06-00 01 :44P BAAQMD PI&E f Tech . 415 7495101 P . 01
Ms. Julie Enea October 6, 2000
Community Development Dept.
651 Fine St.
Martinez, CA 94553
BAY A RTA
Am (JUALITY Re: Comments on Revised Draft Woodsmoke Ordinance, Octobcr 3, 2000, as posted on
I
MANA(;1 &W-1 the County Web Site,
Dear Ms. Enea:
As I expressed in our telephone conversation regarding the county's draft woodsmoke
ordinance, Air District staff is in agreement with some of the elements in the draft. The
elimination of the grains per kilogram standard reduces confusion. However, there arc still
language discrepancies that should be corrected. In our experience,ambiguous language
results in unenforceable standards.
As a result of our conversation, the introductory language in section 718-10.208,now
mirrors the Air District's model ordinance, except that the language has been modified. It
is a minor point. However, we believe that the public., developers, and regulators will
better understand the limitations on woodburning appliances in the Ray Area if there is
uniformity in the language of city and county ordinances.
The proposed language of subsection(b)remains conrus-ing. It appears that Contra Costa
1.1__l I J is developing a certification program subject to the county building official's approval.
Thus, fireplace manufacturers may bring their test results from Omni Laboratories and
receive approval by the county building officials. Without the technical expertise to
analyze source test results, there is no assurance that county building officials can certify
low-omitting appliances appropriately.
Regarding subsection(c), county staff included this section in order to set some standard
tr
for masonry fireplaces. As stated in our prior communications with staff,the Air District
does not support the inclusion of this language. Certification of masonry fireplaces by
Omni Laboratories allows fireplaces exceeding the emissions standard of 7.5 grams per
hour to be installed. Air District staff believes that it was the intent of the Internal
Operations Committee to exclude masonry fireplaces from limitations until such time that
Northern Sonoma Air District concluded its re-evaluation of inasonry fireplace source test
protocols. Lacking any legitimate time frame for completion ol'Northern Sonoma's
review, I arbitrarily set a date of December 15, 2001.
Thank you for allowing the District to have this opportunity to provide additional
comments. If you need clarification, please contact me at (415) 749-4774.
Sincerely,
CC: Supervisor UilkcrviA Thomasina Mayfield
Principal Air Quality Specialist
RAN m 1 '-) '771 t 1 000 - n irn,haaqjud,got
ucz-03-00 09: 21A. SAAQMU Pi&k�
NATURE SAVER-FAX MEMO 01816
To
-
. s.
V Yhona* iIc S' . X.5 f Phan r� 1 C',.
October 3, 2000 'ax r 2 i5" .°3.35 Fly r
BAY AREA
AIR CUI ALITY Ms. Aruna Bhat, Principal Planner
M ANAGLMLNT Contra Costa County
D r s ; K , t T Comrmunity Development Dept.
651 Fine St.
Martinez,CA 94553
Re: Comments on Revised Draft Woodsmoke Ordinance, Sept.18,2000
Dear Ms. Bhat:
As I commented in my letter of September 15,the revised language of the county's
woodsmoke ordinance should be edited to eliminate duplication and confusion. The
proposed language of General Requirement 93 conflicts with the Northern Sonoma Air
Pollution Control(NSAPCD)District, Rule 400(A). There is an existing standard for
masonry fireplaces in the Northern Sonoma rule. Additionally, the Northern Sonoma
standard is expressed in grams/hour,not grams/kilogram of fuel. The Air District
emphatically supports a grams per hour standard We do not support,nor does Northern
Sonoma Air District support a grams per kilogram standard.
The proposed language of section 3 is confusing. The Northern Sonoma Air District
has an existing standard for particulate shatter based on grams per hour. However,the
Contra Costa draft ordinance requires that the County Building Official approve
masonry fireplaces utilizing a grams per kilogram standard. These language
discrepancies need to be clarified. The,District's position remains unchanged on the
inclusion of standard based on grams per kilogram and the certification by the County
Building Official. An emission standard set on an hourly basis more effectively
characterizes the particulate contribution emitted by fireplaces in the real world.
The Air District is committed to providing technical support for its model woodsmoke
ordinance. In developing the ordinance, there was extensive discussion regarding the
woodstove certification procedure and its inherent problems. The decision was made to
not incorporate an approval process for woodburning appliances because of the
resources required and because of the on-going work on the same issue at Northern
Sonoma Air District. However, we have influenced cities and counties within our
jurisdiction to recognize that any approval process in the Bay Area should be consistent
and uniform district wide.
I have been available to cities that have adopted the ordinance to provide information
about complying woodburning appliances across city and county boundaries.
Architects and contractors have been contacting me if they are uncertain about the
regulations and types of allowable woodburning appliances. It is in the interest of cities,
'► i�7 fi� ! �� ti C1.! � - `�nN 1•Iti,t;�ti'�iG'�r C','+� �h-ty�.;�l:� ')•}�{}s) . .) r , ;I l �7t)t)O rrrtvr.hetrryelrtls;ot
UCZ-03-00 09: 21A BAA,QMD PI&E
counties and the Air District to have consistency in complying appliance types can a
district wide basis.
The District recommends the following language:
It shall be unlawful to:
2. Install a woodburning appliance that is not one of the following: (1)a pellet-fueled
wood heater,(2)an EPA-certified wood heater or a woodburning,appliance certified by
the Northern Sonoma Air Pollution Control District.
Masonry fireplaces: Masonry fireplaces shall be exempt from the limitations of the
ordinance until December 15,2001.
Thank you for allowing the District to have this opportunity to provide additional
continents. If you need clarification,please contact me at(415)749-4774.
Sincerely,
Thomasina Mayfield
Principal Air Quality Specialist
CQ Supervisor'U►iikerna
Supervisor Dee5autnier
2
RECEIVED
PROOF OF PUBLICATION OCT 2 5 2000
(2015.5 C.C.P.) ninoorporot area
Contra Costa County. a
public hearth will bo c
STATE OF CALIFORNIA enact tmsnt of ttr'oo °std o i ERIKO ARD CF 8 ENyl$C RS
County of Contra Costa nonce and at as i pu c CONTRA COSTA CO.
hearing arsy intereeled p
son may appear and be
1 am a citizen of the United States and a resident of the NCMCKi�udtitdc hoard,
County aforesaid; I am over the age of eighteen years, and #Vi copy of the latest draft of
In
NTY
not a party to or Interested in the above-entitled matter. to erna,e opthrrdin to
d3 opt
Buhl inI Cacs gnat
I am the Principal Legal Clerk of the Contra Costa Times, a TA 1 Pinetroet, Martinez
newspaper of genera€ circulation, printed and published at uA. To racalve.a copy of
2640 Shadelands Drive In the C€ of Walnut Creek, County On October 2a, 2000, at the ordinance, call (925)
City tY 338-1108 or to view the or-
of Contra Costa,94598. 1 MAM.'!n U1g Chambers dinance vialt the Contra
to hoard of 8u rvisoro, Costa i ounty webelts at
And which Haws P MCBrien Adm�nn!�tration www.co.contra-costa. .us
paper has been adjudged a newspaper r of auildlr1� BI>1 Pine treat, under the heads of 'ur-
generai circulation b the Superior Court of the Countyof Rocrn t07 M n z Oali- rant issues, Proposed
Contra Costa,State of California, under the date of Octber of isoors the
ho $public wocdamoke brdlnance.
22, 1934.Case Number 19764, hearing to con8ider the Dated:potob�r 10,2000
�tton of a proposed PHIL BATCHELOR
demoke Crctinance. erk of the Board of
The notice, of which the annexed is a printed copy (set in a p paced ordinance aero and County
type not smaller than nonpareil ,has been published in each adds CWoer 718-10 to the Ann c rrveili chief Olork
CountyOr finance Cade to
regular and entire issue of said, newspaper and not in any regulte now construction al OCT 61M
supplement thereof on the following dates,to-wit; or replacement of wood Pu llah October 10, 17,
burning appliances in the 2000
October 10. 17
all In the year of 2000
1 certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Ex uted at 1lUalnut Creek,California.
O Is 17 da of tober, 2000
gnature
Contra Costa Times
P O Box 4147
Walnut Creek,CA 94596
(925)935-2525
Proof of Publication of:
(attached Is a copy of the legal advertisement that published)