Chapter 150:		CONTROL OF EMISSIONS FROM OUTDOOR WOOD BOILERS

SUMMARY:	This regulation establishes particulate emission standards,
siting criteria and labeling requirements for outdoor wood boilers,
including outdoor pellet boilers. 

Applicability

A.	This regulation applies statewide.

B.	This regulation applies to any manufacturer, supplier, distributor or
person intending to sell, lease, distribute, or market, an outdoor wood
boiler, including an outdoor pellet boiler, in the State of Maine that
meets the definition of an outdoor wood boiler and to any person who
installs, operates or owns an outdoor wood boiler, including an outdoor
pellet boiler.

This regulation applies to outdoor wood boilers, including outdoor
pellet boilers, with a rated thermal input of less than 3 MMBtu/hr. 
Boilers with a rated thermal heat input of 3 MMBtu/hr or greater are
subject to Chapter 103 Fuel Burning Equipment Particulate Emission
Standard of the Department’s Regulations.

Definitions

The following terms, as used in this Chapter, have the following
meanings:

A.	Clean wood.  “Clean wood” means wood that has no paint, stain, or
other types of coatings, and wood that has not been treated with,
including but not limited to, copper chromium arsenate, creosote, or
pentachlorophenol.

B.	Commercial outdoor wood boiler.  “Commercial outdoor wood boiler”
means any outdoor wood boiler, except for those outdoor wood boilers
used solely for space heating or domestic hot water, used to service a
commercial establishment.

C.	Distribute or sell.  “Distribute or sell” means to distribute,
sell, advertise for sale, offer for sale, lease, ship, deliver for
shipment, release for shipment, or receive and (having so received)
deliver or offer to deliver.  This term does not include the
distribution or sale by a manufacturer of an outdoor wood boiler that is
installed outside the State of Maine.

D.	Manufacturer.  “Manufacturer” means any person who constructs or
imports for the distribution or sale into the United States an outdoor
wood boiler.

E.	New outdoor wood boiler.  “New outdoor wood boiler” means an
outdoor wood boiler that is not installed and/or operational at the
intended location of use as of the effective date of this Chapter.

F.	Nuisance.  “Nuisance” means emission of air contaminants to the
outdoor atmosphere of such quantity, characteristic or duration that may
be injurious to human, plant or animal life or to property, or that
unreasonably interferes with the comfortable enjoyment of life or
property.

G.	Opacity.  “Opacity” means the degree to which emissions other
than water reduce the transmission of light and obscure the view of an
object in the background.

H.	Outdoor wood boiler.  “Outdoor wood boiler” (also known as
outdoor wood-fired hydronic heater, water stove or outdoor wood furnace)
means a fuel burning device that: (1) is designed to burn wood, biomass
fuel products or other approved solid fuels; (2) the manufacturer
specifies for outdoor installation or installation in structures not
normally occupied by humans (e.g., sheds) or is an indoor-rated device
housed in a modular or containerized structure; and (3) heats building
space or water, or both, through the distribution, typically through
pipes for a fluid or ducts for air, of a fluid or air heated in the
device.

I.	Outdoor pellet boiler.  “Outdoor pellet boiler” means an outdoor
wood boiler designed and warranted by the manufacturer specifically to
burn pellet fuel with metered fuel and air feed and controlled
combustion engineering, which is operated according to the
manufacturer’s specifications and burns only pellet fuel.

J.	Particulate matter or PM.  “Particulate matter or PM” means
particulate matter PM10 and PM2.5 including the condensable fraction.

K.	Sale.  “Sale” means the transfer of ownership or control.

3.	Requirements for the Sale, Installation and Operation of New Outdoor
Wood Boilers and Outdoor Pellet Boilers

A.	Particulate Matter Emission Standards for Outdoor Wood Boilers

(1)	Phase I Particulate Emission Standard for Outdoor Wood Boilers and
Outdoor Pellet Boilers.  No person shall distribute or sell, lease,
import, supply or install an outdoor wood boiler after April 1, 2008 or
an outdoor pellet boiler after April 1, 2009 unless it has been
certified under Section 3(E) to meet a particulate matter emission limit
of 0.60 lbs/MMBtu heat input.  Outdoor wood boilers and outdoor pellet
boilers meeting the Phase I limit must be installed according to the
applicable setback and stack height requirements as defined in Section
3(B) and 3(C) of this Chapter.

(2)	Phase II Particulate Emission Standard for Outdoor Wood Boilers and
Outdoor Pellet Boilers.  No person shall distribute or sell, lease,
import, supply or install an outdoor wood boiler or outdoor pellet
boiler after April 1, 2010 unless it has been certified under Section
3(E) to meet a particulate matter emission limit of 0.32 lbs/MMBtu heat
output.  Outdoor wood boilers and outdoor pellet boilers meeting the
Phase II limit must be installed according to the applicable setback and
stack height requirements as defined in Section 3(B) and 3(C) of this
Chapter.

(3)	Voluntary Technology-forcing Particulate Emission Standard for
Outdoor Wood Boilers.  An outdoor wood boiler meeting a particulate
matter emission limit of 0.06 lbs/MMBtu heat output is not subject to a
setback requirement under this Chapter as long as it meets the stack
height requirements described in Section 3(C)(3) of this Chapter.

B.	Setback Requirements for New Outdoor Wood Boilers and Outdoor Pellet
Boilers

(1)	Outdoor wood boilers and outdoor pellet boilers with particulate
emission limits greater than 0.60 lbs/MMBtu heat input or with no
certification.  No person shall install or allow the installation of any
outdoor wood boiler or outdoor pellet boiler that has been certified to
meet a particulate emission limit greater than 0.60 lbs/MMBtu heat input
or has no certification, determined in accordance with Section 3(E) of
this Chapter, unless the outdoor wood boiler or outdoor pellet boiler is
installed at least 250 feet from the nearest property line or at least
270 feet from the nearest dwelling that is not on the same property as
the outdoor wood boiler or outdoor pellet boiler.

(2)	Outdoor wood boilers and outdoor pellet boilers certified to meet
particulate emission limits of 0.60 lbs/MMBtu heat input.  No person
shall install or allow the installation of any outdoor wood boiler or
outdoor pellet boiler that has been certified to meet a particulate
matter emission limit of 0.60 lbs/MMBtu heat input, determined in
accordance with Section 3(E) of this Chapter, unless the outdoor wood
boiler or outdoor pellet boiler is installed at least 100 feet from the
nearest property line or at least 120 feet from the nearest dwelling
that is not on the same property as the outdoor wood boiler or outdoor
pellet boiler.

(3)	Outdoor wood boilers and outdoor pellet boilers certified to meet
particulate emission limits of 0.32 lbs/MMBtu heat output.  No person
shall install or allow the installation of any outdoor wood boiler or
outdoor pellet boiler that has been certified to meet a particulate
matter emission limit of 0.32 lbs/MMBtu heat output, determined in
accordance with Section 3(E) of this Chapter, unless the outdoor wood
boiler or outdoor pellet boiler is installed at least 50 feet from the
nearest property line or at least 70 feet from the nearest dwelling that
is not on the same property as the outdoor wood boiler or outdoor pellet
boiler.

(4)	Outdoor pellet boilers certified to meet particulate emission limits
of 0.06 lbs/MMBtu heat output.  No person shall install or allow the
installation of any outdoor pellet boiler that has been certified to
meet a particulate matter emission limit of 0.06 lbs/MMBtu heat output,
determined in accordance with Section 3(E) of this Chapter, unless the
outdoor pellet boiler is installed at least 20 feet from the nearest
property line or at least 40 feet from the nearest dwelling that is not
on the same property as the or outdoor pellet boiler.

(5)	Outdoor wood boilers that have been modified to burn pellets. 
Outdoor wood boilers that have been modified to burn pellets must meet
the applicable setback specified in Section 3(B) of this Chapter for the
original particulate emission limit certification of the outdoor wood
boiler, determined in accordance with Section 3(E) of this Chapter.

C.	Stack Height Requirements for New Outdoor Wood Boilers and Outdoor
Pellet Boilers

(1)	Outdoor wood boilers and outdoor pellet boilers certified to meet
particulate emissions limits of greater than 0.60 lbs/MMBtu heat input
or with no certification.

(a)	No person shall install or allow the installation of any outdoor
wood boiler or outdoor pellet boiler that has been certified to meet a
particulate emission limit of greater than 0.60 lbs/MMBtu heat input or
has no certification, determined in accordance with Section 3(E) of this
Chapter, unless the outdoor wood boiler or outdoor pellet boiler:

(1)	has an attached stack with a minimum stack height of 10 feet above
ground level; or

(2)	has an attached stack extending two feet higher than the peak of the
roof of the structure being served by the outdoor wood boiler or outdoor
pellet boiler, if an abutting residence is located less than 500 feet
from the outdoor wood boiler or outdoor pellet boiler.

(b)	No person shall operate any outdoor wood boiler or outdoor pellet
boiler, installed after the effective date of this Chapter, that has
been certified to meet a particulate emission limit of greater than 0.60
lbs/MMBtu heat input or with no certification, determined in accordance
with Section 3(E) of this Chapter, if an abutting residence is located
less than 500 feet from the outdoor wood boiler or outdoor pellet
boiler, unless the outdoor wood boiler or outdoor pellet boiler has an
attached stack extending two feet higher than the peak of the roof of
the structure being served by the outdoor wood boiler or outdoor pellet
boiler.

(2)	Outdoor wood boilers and outdoor pellet boilers certified to meet
particulate emission limits of 0.60 lbs/MMBtu heat input.

(a)	No person shall install or allow the installation of any outdoor
wood boiler or outdoor pellet boiler that has been certified to meet a
particulate matter emission limit of 0.60 lbs/MMBtu heat input,
determined in accordance with Section 3(E) of this Chapter, unless the
outdoor wood boiler or outdoor pellet boiler:

(1)	has an attached stack with a minimum stack height of 10 feet above
ground level; or

(2)	has an attached stack extending two feet higher than the peak of the
roof of the structure being served by the outdoor wood boiler or outdoor
pellet boiler, if an abutting residence is located less than 300 feet
from the outdoor wood boiler or outdoor pellet boiler.

(b)	No person shall operate any outdoor wood boiler or outdoor pellet
boiler, installed after the effective date of this Chapter, that has
been certified to meet a particulate emission limit of 0.60 lbs/MMBtu
heat input, determined in accordance with Section 3(E) of this Chapter,
if an abutting residence is located less than 300 feet from the outdoor
wood boiler or outdoor pellet boiler, unless the outdoor wood boiler or
outdoor pellet boiler has an attached stack extending two feet higher
than the peak of the roof of the structure being served by the outdoor
wood boiler or outdoor pellet boiler.

(3)	Outdoor wood boilers and outdoor pellet boilers certified to meet
particulate emission limits of 0.32 lbs/MMBtu heat output.

(a)	No person shall install or allow the installation of any outdoor
wood boiler or outdoor pellet boiler that has been certified to meet a
particulate matter emission limit of 0.32 lbs/MMBtu heat output,
determined in accordance with Section 3(E) of this Chapter, unless the
outdoor wood boiler or outdoor pellet boiler:

(1)	has an attached stack with a minimum stack height of 10 feet above
ground level; or

(2)	has an attached stack extending two feet higher than the peak of the
roof of the structure being served by the outdoor wood boiler or outdoor
pellet boiler, if an abutting residence is located less than 300 feet
from the outdoor wood boiler or outdoor pellet boiler.

(b)	No person shall operate any outdoor wood boiler or outdoor pellet
boiler, installed after the effective date of this Chapter, that has
been certified to meet a particulate emission limit of 0.32 lbs/MMBtu
heat output, determined in accordance with Section 3(E) of this Chapter,
if an abutting residence is located less than 300 feet from the outdoor
wood boiler or outdoor pellet boiler, unless the outdoor wood boiler or
outdoor pellet boiler has an attached stack extending two feet higher
than the peak of the roof of the structure being served by the outdoor
wood boiler or outdoor pellet boiler.

(4)	Outdoor pellet boilers certified to meet particulate emission limits
of 0.06 lbs/MMBtu heat output.

(a)	No person shall install or allow the installation of any outdoor
pellet boiler that has been certified to meet a particulate matter
emission limit of 0.06 lbs/MMBtu heat output, determined in accordance
with Section 3(E) of this Chapter, unless the outdoor pellet boiler:

(1)	has an attached stack with a minimum stack height of 10 feet above
ground level; or

(2)	has an attached stack extending two feet higher than the peak of the
roof of the structure being served by the outdoor pellet boiler, if an
abutting residence is located less than 100 feet from the outdoor pellet
boiler.

(b)	No person shall operate any outdoor pellet boiler, installed after
the effective date of this Chapter, that has been certified to meet a
particulate emission limit of 0.06 lbs/MMBtu heat output, determined in
accordance with Section 3(E) of this Chapter, if an abutting residence
is located less than 100 feet from the outdoor pellet boiler, unless the
outdoor pellet boiler has an attached stack extending two feet higher
than the peak of the roof of the structure being served by the outdoor
pellet boiler.

(5)	Outdoor wood boilers that have been modified to burn pellets. 
Outdoor wood boilers that have been modified to burn pellets must meet
the applicable stack height specified in Section 3(C) of this Chapter
for the original particulate emission limit certification of the outdoor
wood boiler, determined in accordance with Section 3(E) of this Chapter.

(6)	In the case that there is no structure (e.g. swimming pool or hot
tub) being served by an outdoor wood boiler or outdoor pellet boiler
subject to Section 3(C), the owner or operator of the outdoor wood
boiler or outdoor pellet boiler shall extend the stack two feet higher
than the peak of the roof of the nearest building to the outdoor wood
boiler or outdoor pellet boiler.

D.	Commercial Outdoor Wood Boiler, Commercial Outdoor Pellet Boiler,
Outdoor Wood Boiler or Outdoor Pellet Boiler with a rated thermal output
greater than 350,000 Btu/hr Analysis Requirement

(1)	Any person intending to install or operate a commercial outdoor wood
boiler, commercial outdoor pellet boiler, an outdoor wood boiler, or
outdoor pellet boiler with a rated thermal output greater than 350,000
Btu/hr shall obtain an evaluation, report and installation
recommendations performed by a qualified professional, including a
licensed professional engineer or a master solid fuel burner technician,
that includes the following information:

(a)	What type of application will the outdoor wood boiler or outdoor
pellet boiler be used for;

A determination of the heat load requirements of the facility as
compared to the available heat supply of the outdoor wood boiler or
outdoor pellet boiler to ensure the unit is properly sized;

The stack location relative to the property lines and building locations
within 400 feet of the outdoor wood boiler or outdoor pellet boiler;

The stack height; and

Recommendations for the proper outdoor wood boiler or outdoor pellet
boiler installation, including but not limited to, hook-up, auxiliary
fuel, properly sized outdoor wood boiler or outdoor pellet boiler, stack
height and stack location.

(2)	No person shall install or operate a commercial outdoor wood boiler,
commercial outdoor pellet boiler, outdoor wood boiler or outdoor pellet
boiler with a rated thermal output greater than 350,000 Btu/hr unless it
is installed according to the recommendations of the evaluation report
in Section 3(D)(1).  In any case, no person shall install or operate a
commercial outdoor wood boiler, commercial outdoor pellet boiler, an
outdoor wood boiler or outdoor pellet boiler with a rated thermal output
greater than 350,000 Btu/hr unless it meets the minimum setback and
stack height requirements stated in Section 3(B) and 3(C) of this
Chapter.

E.	Certification of Outdoor Wood Boilers and Outdoor Pellet Boilers.  No
person shall supply, distribute, sell, lease, offer for sale, or allow
the installation of an outdoor wood boiler or an outdoor pellet boiler
in the State of Maine unless the outdoor wood boiler or outdoor pellet
boiler has received certification pursuant to the EPA Outdoor Wood-Fired
Hydronic Heater Program.  The certification shall demonstrate that the
outdoor wood boiler or outdoor pellet boiler meets the applicable
particulate emission standard in Section 3(A) of this Chapter.  The
manufacturer of any such outdoor wood boiler or outdoor pellet boiler
shall conduct testing via the EPA Outdoor Wood-Fired Hydronic Heater
Phase I Program until EPA replaces the EPA Outdoor Wood-Fired Hydronic
Heater Phase I Program with the Environmental Technology Verification
Program.  The Department may approve an alternative certification
program.

F.	Sell-through exemption for Outdoor Wood Boilers.  No person shall
sell or offer for sale any outdoor wood boiler with a particulate
emission rate greater than 0.60 lbs/MMBtu heat input as certified in
accordance with Section 3(E) of this Chapter unless the outdoor wood
boiler was purchased, paid for in full and received in the State of
Maine before April 1, 2008 and the outdoor wood boiler meets all of the
applicable requirements of this Chapter.  Compliance with this Section
must be demonstrated by keeping records of the purchase date and receipt
date of their inventory as of the effective date of this Chapter.  These
records shall be kept for at least 5 years and shall be made available
to the Department upon request.  This exemption is effective until April
1, 2009.

G.	Labeling Requirements.  New outdoor wood boilers and outdoor pellet
boilers shall be labeled in accordance with the labeling requirements of
the U.S. Environmental Protection Agency Outdoor Wood-Fired Hydronic
Heater Program.  Requirements of this program are located at
www.epa.gov/woodheaters/index.htm.

H.	Rain Cap Prohibition.	No person shall operate a new outdoor wood
boiler or outdoor pellet boiler using a rain cap unless this device is
required by the manufacturer specifications.

4.	General Provisions and Requirements For All Outdoor Wood Boilers and
Outdoor Pellet Boilers

A.	Prohibited fuels.  No person shall burn any of the following items in
an outdoor wood boiler:

(1)		any wood that does not meet the definition of clean wood;

(2)		garbage;

(3)		tires;

(4)		lawn clippings or yard waste;

(5)		materials containing plastic;

(6)		materials containing rubber;

(7)		waste petroleum products;

(8)		paints and paint thinners;

(9)		chemicals;

(10)	glossy or colored papers;

(11)	construction and demolition debris;

(12)	plywood;

(13)	particleboard; 

(14)	salt water driftwood and other previously salt-water saturated
materials;

(15)	manure;

(16)	animal carcasses;

(17)	asphalt products;

(18)	materials containing asbestos;

(19)	materials containing lead, mercury, or other heavy or toxic metals;
and

(20)	coal, unless the outdoor wood boiler is specifically designed to
burn coal.

B.	Fuel Requirements

(1)	No person that operates an outdoor wood boiler shall use a fuel
other than the following:

(a)	Clean wood;

(b)	Wood pellets made from clean wood;

(c)	Home heating oil in compliance with the applicable sulfur content
limit, propane or natural gas may be used as starter or supplemental
fuels for dual-fired outdoor wood boilers; and

Other fuels as approved by the Department.

No person that operates an outdoor pellet boiler shall use a fuel other
than the following:

(a)	Wood pellets made from clean wood;

(b)	Corn; and

(c)	Other fuels as approved by the Department.

C.	Visible Emission Standard. No person shall cause or allow the
emission of a smoke plume from any outdoor wood boiler or outdoor pellet
boiler to exceed an average of 30 percent opacity on a six minute block
average basis, except for no more than two six minute block averages in
a 3-hour period.  Opacity under this subsection shall be determined
pursuant to EPA Method 9 Visual Determination of the Opacity of
Emissions from Stationary Sources (40CFR60, Appendix A).

D.	Enforcement and Preemption.  This rule is subject to enforcement
pursuant to 38 MRSA §347-A.  Nothing in Chapter 150 may be construed as
pre-empting any otherwise applicable, statute, regulation, local
ordinance or otherwise applicable private common law cause of action.

E.	Notice to Buyers

(1)	No outdoor wood boiler or outdoor pellet boiler subject to the
requirements of this Chapter shall be offered, sold, offered for retail
sale, or leased within the State of Maine unless prior to any sales or
lease agreement, the seller or dealer provides the prospective buyer or
lessee with a copy of this Chapter and a written notice that:

(a)	It is unlawful to burn garbage, treated or painted wood, plastic and
plastic products, rubber products, yard waste, lawn clippings, glossy or
colored papers, construction and demolition debris, materials containing
asbestos, materials containing lead, mercury, or other heavy or toxic
metals, plywood, particleboard, salt water driftwood and other
previously salt water saturated materials, manure, animal carcasses,
asphalt products, coal, unless the outdoor wood boiler is specifically
designed to burn coal, waste petroleum products, paints, chemicals or
any substance that normally emits dense smoke or obnoxious odors;

(b)	Installation of an outdoor wood boiler or outdoor pellet boiler may
be subject to other applicable State and local stack height and setback
requirements;

(c)	The applicable distance and stack height requirements provided in
Section 3(B) and 3(C) of this Chapter may not be adequate in some areas
due to terrain that could render the operation of an outdoor wood boiler
or outdoor pellet boiler to be a nuisance or public health hazard; and

(d)	States the specific results of the average and maximum emission
rates of particulate matter for the outdoor wood boiler or outdoor
pellet in grams per hour per the testing determined in accordance with
Section 3(E) of this Chapter and the average delivered heating
efficiency as found in the test reports that were used for certification
of the units or a statement that the outdoor wood boiler or outdoor
pellet boiler has not been tested or certified.

(2)	The written notice specified above shall be signed by the buyer or
lessee at the time of purchase or lease to indicate receipt of notice. 
Said notice shall contain the names; addresses; telephone number of both
the seller or dealer and the buyer or lessee; the location where the
outdoor wood boiler or outdoor pellet boiler will be installed; and the
make and model of the outdoor wood boiler or outdoor pellet boiler.  The
dealer shall keep these records for 5 years and provide them to the
Department upon request.

F.	Owner’s Manual.  Each outdoor wood boiler or outdoor pellet boiler
offered for sale or lease must be accompanied by an owner’s manual
that shall contain all the information listed below:

(1)	Thermal output capacity;

(2)	Proper installation information;

(3)	Operation and maintenance information to minimize emissions;

(4)	Wood loading procedures, recommendations on wood selection, and
warnings on improper fuels;

(5)	Fire starting procedures;

(6)	Proper use of air flow devices, if applicable;

(7)	Ash removal procedures;

(8)	For catalytic models, information pertaining to maintaining catalyst
performance, maintenance procedures, procedures for determining catalyst
failure or deterioration, procedures replacement, and information on
warranty rights.

(9)	Language stating: Improper use or failure to maintain the outdoor
wood boiler or outdoor pellet boiler may cause nuisance conditions. 
Persons operating this outdoor wood boiler or outdoor pellet boiler are
responsible for operation of the outdoor wood boiler or outdoor pellet
boiler so as not to cause a nuisance condition.  Even proper use and
maintenance of the outdoor wood boiler or outdoor pellet boiler, and
meeting the distance and stack height recommendations and requirements
in State and local regulations may not always be adequate to prevent
nuisance conditions in some areas due to terrain or other factors.

5.	Nuisance Conditions

A.	Standard.  No person shall operate an outdoor wood boiler or an
outdoor pellet boiler, that produces visible emissions, measured as any
opacity totaling twelve minutes in any hour, that cross onto any land or
buildings immediately adjacent to a dwelling or commercial building not
owned by the owner of the outdoor wood boiler.  Opacity under this
subsection shall be determined pursuant to EPA Method 22 Visual
Determination of Fugitive Emissions from Material Sources and Smoke
Emissions from Flares (40CFR60, Appendix A).

B.	Prohibition.  No person shall operate an outdoor wood boiler or an
outdoor pellet boiler, in such a manner as to create a nuisance.

6.	Third Party Sales

As of the effective date of this Chapter, an outdoor wood boiler or
outdoor pellet boiler that has been owned by an individual and was in
use in Maine prior to the effective date of this Chapter may be
distributed or sold to another individual for his or her own personal
use.  The outdoor wood boiler or outdoor pellet boiler shall be subject
to the applicable setback and stack height requirements specified in
Section 3(B) and 3(C).  If the particulate emission limit is not known,
the outdoor wood boiler or outdoor pellet boiler must meet the setback
and stack height requirements of Section 3(B)(1)and 3(C)(1).

7.	Effective date

Unless otherwise noted, compliance with all applicable provisions of
this Chapter is the effective date of the regulation.

Severability

Each Section of this Chapter shall be deemed severable, and in the event
that any Section of this Chapter is held invalid, the remainder shall
continue in full force and effect.

AUTHORITY:	38 M.R.S.A., §585-A, §610-B

EFFECTIVE DATE:	November 9, 2007

    Amended:	July 4, 2008

	April 7, 2009

	April 11, 2010

_________________________________________

BASIS STATEMENT

In 1988 EPA established particulate emission standards for residential
wood stoves sold in the United States after 1992.  However, outdoor wood
boilers (OWB), also known as outdoor wood-fired hydronic heaters (OWHH)
were not included in the EPA residential wood stove regulations and have
not been regulated by EPA or the Department.  OWB, which burn wood to
heat water that is piped underground to a nearby structure (usually a
home) for space heating, are available in a wide variety of sizes and
efficiencies.  OWB, on an average per hour basis, emit about four times
as much fine particulate matter as conventional wood stoves, about 12
times as much fine particulate matter as an EPA-certified wood stove,
and 1000 times more than an oil furnace.

In addition to fine particulates, wood combustion emissions contain
sulfur oxides, nitrogen oxides, carbon monoxide and potentially
cancer-causing compounds including formaldehyde, polycyclic aromatic
hydrocarbons, benzene and dioxins.  Fine particulates can aggravate lung
diseases such as asthma, emphysema and bronchitis.  Children, the
elderly and those with respiratory problems are most at risk from
exposure to wood smoke.

In June 2007, the Maine Legislature enacted LD 1824, An Act To Regulate
Outdoor Wood Boilers.  This legislation established emission standards
for new outdoor wood boilers starting in 2008 and also directed the
Department to adopt rules related to outdoor wood boilers.  “The rules
must include provisions relating to siting, operation and labeling
requirements, stack heights, dealer and manufacturer reporting, public
notification of emission standards and operation and siting
requirements, code enforcement officer training, nuisance conditions and
existing inventory issues.” 

Chapter 150 establishes requirements for the sale and installation of
new outdoor wood boilers, including particulate emission standards and
requirements for setback and stack height, certification, sell-through
of existing inventory, and labeling.  The rule also contains general
provisions which apply to all OWB.  These provisions include prohibited
and allowed fuels, visible emissions standards, notice to buyers, and
owner manual requirements.  In addition, pursuant to the new
legislation, for the purpose of this rule, the Department included a
definition of “nuisance” and a method by which a nuisance condition
can be identified.  Pursuant to 38 MRSA Section 610-B, Chapter 150 was
adopted as emergency major substantive rules pursuant to Title 5,
section 8073 and must be submitted to the Legislature for review by
January 15, 2008.

BASIS STATEMENT FOR AMENDMENT OF MAY 15, 2008

In April 2008, the Maine Legislature enacted Resolve Chapter 190,
Regarding Legislative Review of Portions of Chapter 150: Control of
Emissions from Outdoor Wood Boilers, a Major Substantive Rule of the
Department of Environmental Protection, Bureau of Air Quality Control. 
This legislation requires amendments to Chapter 150 in several areas: 1)
clarifying that in order to be eligible for the sell-through exemption
contained in the rule the outdoor wood boiler must have been purchased,
paid for in full and in the State of Maine prior to April 1, 2008; 2)
authorizing the optional use of setbacks from neighboring dwellings for
the installation of new outdoor wood boilers; and 3) requiring that
setbacks from state licensed school, daycare or healthcare facilities
conform to the general setback requirements.

BASIS STATEMENT FOR AMENDMENT OF MARCH 19, 2009

In April 2008, the Maine Legislature enacted Resolve 2007, Chapter 190,
Regarding Legislative Review of Portions of Chapter 150: Control of
Emissions from Outdoor Wood Boilers, a Major Substantive Rule of the
Department of Environmental Protection, Bureau of Air Quality Control.  
This legislation requires the Board of Environmental Protection to adopt
rules by April 1, 2009 to control the sale, installation, use and siting
at residences and businesses of outdoor wood boilers that combust
biomass pellets as a fuel source.  

BASIS STATEMENT FOR AMENDMENT OF MARCH 18, 2010

In May 2009, the Maine Legislature enacted Public Law, Chapter 209 LD
1171, An Act to Amend the Laws Governing Outdoor Wood Boilers, which
became effective September 12, 2009.  This legislation directs the
Department to amend the definition of commercial outdoor wood boiler,
establish a voluntary technology-forcing particulate emission limit,
amend the definition of outdoor wood boiler and change the
qualifications for those who prepare an evaluation, report and
installation recommendations for commercial outdoor wood boilers and
larger outdoor wood boilers.

In addition to the basis statement above, the Department has filed with
the Secretary of State a response to comments received during the
comment period.

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DEPARTMENT OF ENVIRONMENTAL PROTECTION

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Chapter 150: Control of Emissions from Outdoor Wood Boilers

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