




                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION







                          Technical Support Document 
                                      for
                            The EPA's Rulemaking
                                    for the
                     California State Implementation Plan
                                       
               Northern Sierra Air Quality Management District 
                        City of Portola Ordinance 344 
                      Wood Stove and Fireplace Ordinance










                              
                        Prepared by: Christine Vineyard

                                   July 2017
                                       
                                       
                                       





RULE IDENTIFICATION 
Agency
Northern Sierra Air Quality Management District (NSAQMD or Air District)

SIP Approved Rule
None
Subject of this TSD
City of Portola Ordinance No. 344, Municipal Code Chapter 15.10   -  Wood Stove and Fireplace (except paragraphs 15.10.060(B), 15.10.090 and 15.10.100)

Adopted  -  June 22, 2016 
Submitted  -  January 24, 2017
Completeness Finding
Determination of Completeness letter: April 17, 2017
       

RULE SUMMARY 

Ordinance 344 establishes requirements and procedures for controlling particulate matter (PM) emissions from wood burning devices. It encourages owners of uncertified wood burning stoves to upgrade to certified stoves and restricts burning on days when ambient concentrations of PM equal to or less than 2.5 microns in diameter (PM2.5) are forecast to exceed 30 micrograms per cubic meter (μg/m[3]), unless a U.S Environmental Protection Agency (EPA)-certified stove is used.

The ordinance includes the following provisions: 

Section 15.10.020 - Definitions  -  This section in Ordinance 344 defines terms used throughout the ordinance. It includes the following definitions:
 "Certificate of Compliance" means a document issued by the Control Officer certifying that a building has no more than two wood burning heaters which are EPA-certified and no uncertified wood burning heaters.
 "EPA- Certified" means any wood burning heater with a Phase II certification or a more stringent certification as currently enforced in the NSPS.
 "EPA-Qualified Fireplace" means any fireplace model or retrofit device that has been qualified by EPA under EPA's Voluntary Fireplace Program as emitting no more than 5.1. g/kg.
 "Notice of Exemption" means a document issued by the Control Officer certifying that a building has no wood burning heaters.
 "NSPS" means New Source Performance Standard. For purposes of this rule the NSPS is the Code of Federal Regulations, Title 40, Part 60, Subpart AAA.
 "Permanently Inoperable" means modified in such a way that the wood burning heater can no longer function as a wood burning heater or easily be remodified to function as a wood burning heater. Conversion to other fuels, such as propane, is permitted.
 "Wood Burning Device" means any wood burning heater or fireplace. Wood burning devices do not include wood-fired residential or commercial barbecue devices, wood-fired fire pits, or wood-fired cookstoves.
 "Uncertified Wood Burning Device" means any wood burning device that does not meet the performance and emissions standards of a Phase II certification or a more stringent certification as currently enforced in the NSPS. Uncertified wood burning devices do not include wood-fired residential or commercial barbecue devices, wood-fired fire pits, or wood-fired cookstoves.
 "Wood Burning Heater" means an enclosed wood-burning device capable of and intended for space heating such as a wood stove, pellet-fueled wood heater, or wood-burning fireplace insert.


Section 15.10.030 - Requirements for New Wood Burning Devices
A. Installation of wood burning devices within the city limits:
 Only wood burning heaters that are EPA-certified at the time of sale or transfer can be advertised, sold, offered for sale, supplied, transferred or installed. 
 No local government authority may issue a building permit to install an uncertified wood burning heater.
 Certified devices must have an EPA label permanently affixed stating the stove is certified to comply with the federal New Source Performance Standard (NSPS).
 No local government authority may issue a building permit to install a wood burning fireplace other an EPA-qualified fireplace or EPA-certified fireplace.

B. Limitations on wood burning devices in New Construction and Remodels:
 Only one EPA-certified wood burning heater per individual dwelling unit is allowed. 
 Only one EPA-qualified fireplace per individual dwelling unit is allowed.
 No local government authority may issue a building permit to install a wood burning device unless it is an EPA-qualified fireplace or EPA-certified fireplace or wood heater certified to the level of the current NSPS.
 Within the city limits wood burning devices shall not be considered as the sole source of heat in new construction.
 These limitations do not apply to devices defined as low emitting.

Section 15.10.040 - Requirements for Existing Wood Burning Devices 

During a change of ownership of property within the city limits, the buyers and sellers are subject to requirements which include:
 The current owner of any residential or commercial property must obtain either a Certificate or Compliance or a Notice of Exemption (as defined) to complete escrow.  
 Each building on a parcel (residence or mobile home) must be issued a Certificate of Compliance certifying no more than two EPA-certified wood burning heaters and no uncertified wood burning heaters.
 The rule specifies the contents and period of validity for Certificates of Compliance and Notices of Exemption.
 The Control Officer will only issue a Certificate of Compliance or Notice of Exemption upon physical inspection or reliable documentation that establishes compliance with the requirements, unless evidence is provided that the EPA-certified wood burning heater was installed in compliance with all applicable codes.
 If a disclosure report reveals an uncertified wood burning heater on the property, the heater must be removed and destroyed/recycled at an approved location.
 The buyer and seller of a residential or commercial property for sale containing no wood burning heaters may sign a form stating the property contains no wood burning heaters in lieu of an inspection to receive a Notice of Exemption.
 Upon change of ownership, no more than two EPA-certified wood burning heaters and no uncertified wood burning heaters may remain on the property.
 No additional heaters are allowed in dwelling units with two or more existing EPA-certified wood more heaters. This limitation does not apply to heaters defined as low emitting.

Section 15.10.050 - Permitted Fuels in Wood Burning Devices, Wood Burning Fireplaces, Wood-Fired Cookstoves, Wood-Fired Fire Pits  -  only seasoned wood (less than 20% moisture content), uncolored paper and manufactured products are permitted to be used. 
 
Section 15.10.060 - Mandatory Curtailment of Wood Burning Heaters, Wood Burning Fireplaces, Wood-Fired Fire Pits and Wood-Fired Cookstoves During Stagnant Conditions. 
 Effective January 1, 2021, during January, February, November and December, the Air District will institute a mandatory curtailment whenever it determines that 24-hour average PM2.5 concentrations may exceed 30 μg/m[3] and when adverse meteorological conditions are expected to persist. 
 Mandatory curtailment notifications will be delivered through recorded telephone messages, electronic mail messages, Air District website, broadcast, print, social media and/or other methods the Air District determines are appropriate.
 Only approved and registered EPA-certified wood burning heaters are permitted to be used during a mandatory curtailment.

Section 15.10.070 - Outdoor Wood-Fired Boiler Installation Prohibited  - the installation of outdoor wood-fired boiler is prohibited within the city of Portola.

Section 15.10.080 - Wood Stove Retailers/Contractors Required to Provide Educational Materials  -  retailers or contractors selling new wood burning devices within the city limits must supply public awareness information with each sale in the form of pamphlets, brochures or fact sheets.

EPA EVALUATION CRITERIA - The following criteria were used to evaluate the submitted rule: 

1. Enforceability - Clean Air Act (CAA) §110(a)(2)(A) requires SIPs to "include enforceable emission limitations and other control measures, means, or techniques . . .  as may be necessary or appropriate to meet the applicable requirements of [the CAA]." The Bluebook (Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988) and the Little Bluebook (Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA §110(a)(2)(A) requirement for enforceability. 

2. Stringency  -  The city of Portola is part of the Plumas County PM2.5 Nonattainment Area, which was designated nonattainment and classified as "moderate" for the 2012 annual PM2.5 standard effective April 15, 2015 (80 FR 2206, codified at 40 CFR 81.305). 
CAA §§172(c)(1) and 189(a)(1)(C) require moderate PM2.5 nonattainment areas to implement RACM and RACT as expeditiously as practicable and no later than 4 years after designation. Therefore, NSAQMD must implement RACM, including RACT, for PM2.5 and PM2.5 precursors, as expeditiously as practicable and no later than April 15, 2019. The EPA has defined RACM for PM2.5 as "any technologically and economically feasible measure that can be implemented in whole or in part within 4 years after the effective date of designation of a PM2.5 nonattainment area and that achieves permanent and enforceable reductions in direct PM2.5 emissions and/or PM2.5 plan precursor emissions from sources in the area. RACM includes reasonably available control technology (RACT)." In addition, NSAQD must implement "additional reasonable measures," which are control measures that otherwise meet the definition of RACM, but "can only be implemented in whole or in part during the period beginning 4 years after the effective date of designation of a nonattainment area and no later than the end of the sixth calendar year following the effective date of designation of the area."


3. SIP Relaxation - CAA §110(l) prohibits the EPA from approving any SIP revision that would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the CAA. In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area.

EPA EVALUATION 

1. Enforceability  -  The rule requirements and applicability are clear and the monitoring, recordkeeping, reporting and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with Ordinance 344 consistently. The ordinance includes several provisions that together provide continuous control of PM emissions, including:
      the restriction of burning materials to seasoned wood, uncolored paper, pellets, and manufactured logs;
      the prohibition of wood fired boilers or hydronic heaters;
      the prohibition of uncertified heating devices in existing homes;
      the removal or replacement of uncertified wood stoves when changing ownership; and
      the requirement that wood stove retailers distribute educational materials provided by the District.
     
In addition to the measures listed above, the ordinance includes a mandatory burning curtailment requirement which will take effect on January 1, 2021. 

The District is not including for SIP approval Ordinance 344 paragraphs 15.10.060 (B), 15.10.090 and 15.10.100 regarding Penalties and Violations. These paragraphs are not necessary for SIP approval and could lead to confusion with respect to similar federal requirements set forth in CAA §113. The District asked that the California Air Resources Board (CARB) withdraw the January 24, 2017 SIP submittal with respect to these three paragraphs. These paragraphs are severable, and the District does not intend for the withdrawal to impact the remainder of the January 24, 2017 submittal. CARB formally forwarded this request to the EPA on June 24, 2017.

2. Stringency - The EPA will address the overall RACM requirement for the Plumas County PM2.5 Nonattainment Area at a later date when we act on the Portola PM2.5 attainment plan submitted by CARB to the EPA on February 28, 2017. Consequently, our stringency evaluation considers whether Ordinance 344 includes all technologically and economically feasible measures for wood burning devices by comparing the provisions of Ordinance 344 with the EPA document "Strategies for Reducing Residential Wood Smoke", EPA-456/B-13-001, March 2013 and current State and District wood burning rules (See attached Residential Wood Combustion Summary of Measures (DRAFT) January 2016).

Ordinance 344 and the District's wood stove changeout program incorporate most of the elements outlined in the EPA's "Strategies for Reducing Residential Wood Smoke" guidance, including a wood burning curtailment program (section 15.10.060), requirements regarding wood moisture content (section 15.10.050.A), removal of uncertified wood burning stoves upon home resale (section 15.10.040.A), restrictions on wood burning devices in new construction (section 15.10.030.B), restrictions on the installation of wood burning fireplaces (sections 15.10.030.A and 15.10.040.B), requirement that all wood burning stoves sold or transferred within the District meet current NSPS certification standards (15.10.030.A), a wood burning stove change-out program (see Portola Fine Particulate Matter (PM2.5) Attainment Plan, pp. 29-23), and education and outreach (section 15.10.080). Ordinance 344 does not include a limit on opacity or visible emissions. However, NSAQMD Rule 202, which has been approved into the applicable SIP, establishes a generally applicable 20% opacity limit. 

Ordinance 344 and NSAQMD Rule 202 also include measures similar to those in other areas' analogous rules, as summarized in the following table: 


Portola 
Ord. 344 and NSAQMD Rule 202
Great Basin
Rule 431
San Joaquin
Rule 4901
Washoe County
Rule 225
Opacity limit of 20%
X
X
X
X
New fireplaces must be EPA qualified
X
X


Remove/replace uncertified heaters upon sale/remodel
X
X
X
X
Limit # wood burning devices in new developments
X
X
X
X
Prohibit use of unseasoned wood
X


X
Curtailment program
X
X
X
X

The provisions of Ordinance 344 are generally as stringent as the provisions of these other rules. Therefore, we believe the city of Portola's Ordinance implements RACM/RACT and additional reasonable measures for wood burning devices. 

We note that the curtailment provisions of the ordinance do not take effect until 2021, which is later than the April 15, 2019 RACM deadline for the Plumas County PM2.5 Nonattainment Area, but in time for the "additional reasonable measures" deadline of December 31, 2021. As explained above, these provisions will prohibit the use of wood burning devices other than EPA-certified wood burning heaters whenever the District determines that the 24-hour average PM2.5 concentration may exceed 30 ug/m[3] and adverse meteorological conditions are expected to persist. Given that uncertified wood stoves are currently the primary source of heat for many residents in Portola, we do not believe it is reasonable to require a mandatory curtailment program by 2019. However, we expect that it will be feasible to implement such a program by 2021, due the District's wood stove change-out program, which is expected to result in the replacement of 600 uncertified wood stoves between 2016 and 2020. 

3. SIP Relaxation  -  The submitted rule complies with CAA §§110(l) and 193 because Ordinance 344 is a new rule and will strengthen the SIP rule by adding new requirements for the control of PM emissions from wood burning devices in the Plumas County PM2.5 Nonattainment Area.  

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION - The following provisions are not currently the basis for rule disapproval, but are recommended for the next time the rule is amended:

1.  Section 15.10.040.B provides an exemption for "heaters that are defined as low emitting, including without limitation the following . . ." This provision should be revised to clarify that only devices meeting specified criteria qualify as low emitting. In addition, we recommend adding a definition of "low emitting device" to the definitions section to clarify the use of the term throughout the rule. 

2.  The rule (section 15.10.030) uses the term "EPA-certified fireplace." There are no EPA-certified fireplaces, but there are EPA-certified fireplace inserts.  This clarification should be made when the rule is next revised.

3.  We recommend when the Ordinance is next revised to specifically state that old fireplaces must be removed or replaced with an EPA-qualified fireplace upon sale or remodel.

4. The subsection of the rule headed "Registration of EPA-Certified Devices" under section  15.10.060 is missing a paragraph designation. 

EPA ACTION 

The submitted Ordinance 344 strengthens the SIP by adding control measures to reduce PM2.5 emissions from wood burning devices. There is no commitment in the Portola Attainment Plan for specific emission reductions from Ordinance 344. However, NSAQMD projects that Ordinance 344 combined with the wood stove change-out program will reduce PM2.5 emissions by 0.068 tons/day in 2021.  The rule fulfils the relevant CAA requirements. Therefore, EPA staff recommends approval of the City of Portola Ordinance 334 (except for paragraphs 15.10.060 (B), 15.10.090 and 15.10.100) pursuant to CAA §110(k)(3). 





           
