WAC 173-433-150   Curtailment.  (1) Whenever ecology or an authority has declared the first stage of impaired air quality for a geographical area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device, unless the solid fuel burning device is one of the following:

     (a) A nonaffected pellet stove; or

     (b) A woodstove certified and labeled by the EPA under "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990; or

     (c) A woodstove meeting the "Oregon Department of Environmental Quality Phase 2" emissions standards contained in Subsections (2) and (3) of Section 340-21-115, and certified in accordance with "Oregon Administrative Rules, Chapter 340, Division 21 - Woodstove Certification" dated November 1984.

     (2) Whenever ecology or an authority has declared the second stage of impaired air quality for a geographical area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device.

     (3) Whenever ecology has declared an air pollution episode at a level above forecast a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device.

     (4) The following matrix graphically illustrates the applicability of different types of solid fuel burning devices to the provisions of subsections (1) through (3) of this section:

Burn Condition		Impaired Air Quality		Episode
Type of Device		First Stage	Second Stage	Forecast	Alert, Warning, or Emergency
Pellet Stove (nonaffected)		OK	NO	OK	NO
EPA Certified Woodstove		OK	NO	OK	NO
DEQ Phase 2 Woodstove		OK	NO	OK	NO
EPA Exempted Device		NO	NO	OK	NO
All Other Devices		NO	NO	OK	NO

NOTES:

"OK" indicates that the device may be operated

"NO" indicates that the device may not be operated

     (5) On or after July 1, 1995, an authority may prohibit use of solid fuel burning devices within specific geographical areas:

     (a) The following factors shall be considered in the exercise of this limitation:

     (i) The contribution of solid fuel devices that do not meet the standards set forth in "40 CFR 60 Subpart AAA -Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990, to nonattainment of national ambient air quality standards;

     (ii) The population density of the applicable geographical area; and

     (iii) The public health effects of the use of solid fuel devices which do not meet the standards set forth in "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990.

     (b) The following solid fuel devices are exempted from this limitation:

     (i) Fireplaces;

     (ii) Woodstoves certified and labeled by the EPA under "40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters" as amended through July 1, 1990; or

     (iii) Nonaffected pellet stoves.

     (c) An authority shall allow an exemption from this subsection for low-income persons who reside in the geographical area affected by this subsection.

     (6) On or after July 1, 1995, whenever an authority has declared impaired air quality in accordance with criteria contained in WAC 173-433-140(3) for a geographical area defined under subsection (5) of this section, a person in a residence or commercial establishment within that geographical area shall not operate any solid fuel burning device.

     (7) A person responsible for an applicable solid fuel burning device already in operation at the time an episode is declared shall withhold new solid fuel for the duration of the episode. A person responsible for an applicable solid fuel burning device already in operation at the time impaired air quality is declared shall withhold new solid fuel for the duration of the impaired air quality. Smoke visible from a chimney, flue or exhaust duct after three hours has elapsed from the declaration of the episode or impaired air quality shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by a solid fuel burning device.

     (8) Ecology, authorities, health departments, fire departments, or local police forces having jurisdiction in the area may enforce compliance with the above solid fuel burning device curtailment rules after three hours has elapsed from the declaration of the episode or impaired air quality.



[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order 90-58), § 173-433-150, filed 3/20/91, effective 4/20/91. Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), § 173-433-150, filed 9/17/90, effective 10/18/90. Statutory Authority: Chapters 70.94 and 43.21A RCW. 88-01-056 (Order 87-44), § 173-433-150, filed 12/16/87.]