





                                       
                                       
                                       
                                       
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION










                          Technical Support Document 
                                      for
                          EPA's Proposed Rulemaking
                                    for the
                     California State Implementation Plan
                                       
                                       
                 South Coast Air Quality Management District 
                        Rule 445 - Wood-Burning Devices




                              
                                       
                                       
                                       
                                       
                                       
                            Prepared by: Rynda Kay

	June 2013
            



 




RULE IDENTIFICATION 

Agency:	South Coast Air Quality Management District (SCAQMD)

SIP Approved Rule:	Rule 445  -  Wood Burning Devices
                        Adopted  -  March 7, 2008 
	Submitted  -  July 18, 2008
	Approved- June 11, 2009 (74 FR 27716)


Superseded Submittals:	There are no previous submittals of this rule since the approved 2008 version (besides the 2013 version addressed here).

Subject of this TSD:	Rule 445  -  Wood Burning Devices [excluding subdivision (h)]
                        Adopted  -  May 3, 2013 
	Submitted  -  June 11, 2013


RULE SUMMARY 

SCAQMD Rule 445 is designed to minimize the impacts of smoke and other air pollutants generated during the use of wood burning devices. The rule establishes requirements for the sale, operation, and installation of wood burning devices.  Changes from the SIP approved rule include the following:

1.	The mandatory winter burning curtailment provision was modified to reduce the current forecast threshold for a given source/receptor area from 35 to 30 ug/m3 [Subparagraph (c) (6) (A)].  

2.	New parameters have been outlined for when a mandatory winter burning curtailment would apply to the entire South Coast Air Basin [Subdivision (e) & Subparagraph (c) (6) (B)]. 

3.	A new requirement was added for commercial firewood sellers to attach a label to products informing the public of the wood burning curtailment program [Subparagraph (d) (5)].

4. 	A provision was removed which allowed the installation of wood-burning devices or fireplaces into existing development if they could be demonstrated to achieve the same emission rate as an EPA certified wood heater [Subparagraph (d) (2) (D)].

5.	Text describing commercial firewood seller requirements has been amended to include "other wood-based fuels" to ensure proposed labelling requirements would apply to all packaged and manufactured wood sold [Subparagraph (b) & (c)].  A definition was added for "wood-based fuel" [Subparagraph (c) (18)]. 

6.	Modifications were made to clarify that cookstove and wood labelling exemptions apply only to commercial cooking [Subparagraphs (c) (2&22), (f) (1&6)]. A new definition was added for "Wood-fired Cooking Device" to clarify applicability under mandatory winter burning curtailment [Subparagraph (c) (22)].

7. 	The definition on "Wood Burning Device" was added to include open and enclosed devices thus prohibiting the installation of wood-burning fire pits in new development [Subparagraph (c) (19)].

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

1.	Enforceability - 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.	SIP Revisions - CAA §110(l) prohibits 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.
      
      3. 	Rule Stringency - The Los Angeles - South Coast Air Basin (South Coast) is currently designated as a serious non-attainment area for PM10 (40 CFR § 81.305).   Accordingly, SCAQMD is  subject to requirements to implement Best Available Control Measures (BACM) including Best Available Control Technology (BACT) for PM10 and PM10 precursors as described in CAA § 189(b) and (e).  On June 11, 2009, EPA approved SCAQMD Rule 445 into the Applicable-SIP as fulfilling BACT/BACM for PM10 (74 FR 27716).  We are not evaluating SCAQMD Rule 445 for compliance with BACT/BACM requirements in this rulemaking. 
      
      CAA §172(c)(1) requires nonattainment areas to implement all reasonably available control measures (RACM), including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, of reasonably available control technology (RACT), as expeditiously as practicable.  The South Coast is currently designated as an extreme 1-hr ozone nonattainment area and an extreme 8-hr ozone nonattainment area, and is also designated nonattainment for the 1997 annual, 1997 24-hour,  and 2006 24-hour fine particulate matter (PM2.5) standards (40 C.F.R. 81.305).  Residential wood burning emits direct PM2.5, as well as volatile organic compounds (VOCs) and oxides of nitrogen (NOx), which are regulated as precursors to PM2.5 and ozone in the South Coast. Therefore, SCAQMD must implement RACM for residential wood burning if those measures will advance attainment of the National Ambient Air Quality Standard (NAAQS) for PM2.5 or ozone in the South Coast, when considered collectively with other reasonable measures. Additional control measures may be required pursuant to CAA §172(c)(1) if both: (1) additional measures are reasonably available; and (2) these additional reasonably available measures will advance attainment in the area when considered collectively. 
      

EPA EVALUATION  

      1. 	Enforceability - The rule requirements and applicability provisions are clear and other provisions sufficiently ensure that affected sources and regulators can evaluate and determine compliance with SCAQMD Rule 445 consistently.     
      
      2. 	SIP Revisions - We propose to determine that our approval of the submitted rule would comply with CAA §110(l) and CAA §193 because the revisions to SCAQMD Rule 445 all strengthen the SIP and, therefore, would not interfere with the on-going process for ensuring that requirements for RFP and attainment of the NAAQS are met or modify any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area. SCAQMD estimates that lowering the mandatory winter burning curtailment threshold and applying the curtailment to the entire basin (when triggered) could reduce PM2.5 emissions by 7.1 tons PM2.5/curtailment day (1.2 tons PM2.5/day as averaged over the winter curtailment period). 
      
3. 	Rule Stringency - EPA reviewed the previous version of SCAQMD Rule 445 in 2009, and approved it as meeting requirements for RACM/RACT and BACM/BACT for PM10 at that time (74 FR 27716).  

      In our 2009 action, the following recommendation was made to improve the rule at the next revision:

      "Rule 445(f)(3): This exemption to the rule allows the transfer of real estate without removal or replacement of non-EPA Phase II-certified devices. We believe that a measure should be implemented to remove non-EPA Phase II-certified devices. The District's incentives program for change-out of such devices is this type of measure. Since the incentives program may not be permanent, we recommend that the removal or replacement of non-EPA Phase II-certified woodstoves and fireplace inserts be required as a condition of real estate sale."

      In response to EPA comments regarding this provision, the District stated, "... this was considered during the development of Rule 445. Staff will revisit the issue as part of current incentive programs, but as the 2014 attainment date is fast approaching and given the rate of property transfers, adding the requirement to the rule would not have an appreciable effect by 2014. 

      With the exception of the provision described above, SCAQMD Rule 445 is generally as stringent as or more stringent than analogous rules in other California Districts. See Attachment 1. As necessary, in separate rulemakings, EPA will take action on the State's RACM demonstrations for PM2.5 and ozone based on evaluation of the control measures submitted as a whole and their overall potential to advance the applicable attainment dates in the South Coast.  See 40 CFR §§ 51.1010, 51.912(d).
       

EPA ACTION 
      
We propose to determine that SCAQMD Rule 445 fulfills the applicable CAA §110 requirements. Therefore, under section 110(k) of the CAA, EPA staff recommends full approval of SCAQMD Rule 445. 

ATTACHMENTS  
1.	Table 1. Major Components of Various Residential Wood Burning Rules


REFERENCES  

1.	SCAQMD Rule 445, SIP-Approved Rule (March 7, 2008)
2. 	SCAQMD Rule 445 (May 3, 2013)	
3.	"Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (web citation).
4.	"Guidance Document for Correcting Common VOC & Other Rule Deficiencies," (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001 (http://www.epa.gov/region09/air/sips/littlebluebook2001.pdf)	
5.	Final Staff Report, Rule 444 and 445, SCAQMD, April 2013 
6.	South Coast Final 2012 Air Quality Management Plan, Response to Comments, page 13. 
7.	"Strategies for Reducing Residential Wood Smoke", EPA Document # EPA-456/B-09001, October 2009.
8. 	Sacramento Metropolitan AQMD Rule 417 (October 26, 2006).
9. 	San Joaquin Valley Unified AQCD Rule 4901 (October 16, 2008).
10. 	Bay Area AQMD Regulation 6, Rule 3 (July 9, 2008).
11. 	Placer County APCD Rule 225 (December 13, 2007).
12. 	Sacramento Metropolitan AQMD Rule 417 (October 26, 2006).
























Table 1. Major Components of Various Residential Wood Burning Rules[1] 
Adopted Requirement
BCAQMD Rule 207 
BAAQMD Rule 6-3 
PCAPCD Rule 225 
SJV Rule 4901 
SMAQMD Rule 417 & Rule 422 
SCAQMD Rule 445 (2008)
SCAQMD Rule 445 (2013)
Wood burning devices installed in existing development must be EPA Phase-II certified or have equivalent emissions 
Y
Y
Y
Y[3]
Y
Y
Y[3]
The  burning of materials not intended for use in wood burning devices is prohibited
Y
Y
Y
Y
Y
Y
Y
Opacity or Visible Emission Limit within the Rule
N
Y
Y
N
N
N
N
Warning label regarding (L) or ban  on the sale of (S) or use of (U) unseasoned wood 
N
Y (L,B,U)
Y (B)
Y (L)
Y (L)
Y(L,B)
Y(L,B)
Wood burning device retailers must provide public awareness information 
Y
Y
Y
Y[3]
Y
Y
Y
Voluntary (V) /mandatory (M) winter burning curtailment[2]
N
Y (35)
N
Y (30)
Y (35)[4]
Y (35)
Y (30) + basinwide provision
Prohibit the installation of all non-EPA certified wood burning devices  in new development
Y
Y
Y
Y[3]
Y
Y
Y[5]
Limit # of wood burning devices / acre in new development 
N
N
Y
Y 
N
N/A
N/A
Replace non-EPA Phase II certified wood burning devices upon home sale
N
N
Y[3]
Y[3]
N
N
N
[1] Butte County AQMD Rule 2007 (adopted December 11, 2008); Bay Area AQMD Regulation 6, Rule 3 (adopted July 9, 2008); Placer County APCD Rule 225 (adopted December 13, 2007); San Joaquin Valley Unified AQCD Rule 4901 (adopted October 16, 2008); Sacramento Metropolitan AQMD Rule 417 (adopted October 26, 2006); South Coast AQMD Rule 445 (adopted March 7, 2008 and May 3, 2013)
 2 (xx) = Mandatory curtailment at forecast level of xx ug/m[3] PM2.5
[3] Applies to wood burning heaters only (fireplaces excluded)
[4] Voluntary curtailment at 25-31 ug/m[3] PM2.5; Stage I curtailment (certified devices allowed to operate) at forecast level of 31-35 ug/m[3] PM2.5;  Stage II (no wood burning devices allowed to operate) at forecast level of >35 ug/m[3] PM2.5 
[5]SCAQMD does not allow equivalency demonstration
Note: 
 Potential control options are obtained from the following documents: 
 Strategies for Reducing Residential Wood Smoke, EPA-456/B-13-001 (March 2013).
 Technical Information Document for Residential Wood Combustion Best Available Control Measures, EPA-450/2-92-002 (September 1992).
 General Preamble, Appendix C2 -- Available Residential Wood Combustion Control Measures, 57 FR 18072 (April 28, 1992).
         
 In November of 2004 CARB adopted a list of PM control measures to be considered by Districts (SB656) including 1) Require use of USEPA-Certified Phase II or equivalent devices, 2) Public awareness program with voluntary or mandatory curtailment, 3) replacement of non-certified units upon sale of property, 4) restrict number of fireplaces allowed in new residential development, 5) control of wood moisture content, 6) prohibit burning of materials not intended for use in a fireplace/heater.



