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Albuquerque SIP: Part 22 (Reg 34. Woodburning) SIP effective 1994-01-28 to 2005-02-28

Regulatory Text: 

(Approved by EPA 11/29/93 (58 FR 62539) at 52.1620(c)(52) effective 01/28/94.)

34.00   Purpose

       The purpose of this regulation is to minimize the adverse health effects and nuisance effects that result from woodburning.

34.01   Definitions

       A.  "Burn Down" means that period of time, not to exceed three (3) hours, after declaring a no-burn period required for the cessation of combustion within any solid fuel heating device by withholding fuel or modifying the air-to-fuel ratio.

       B.  "Inappropriate fuel" includes but is not limited to: leaves, grass clippings, green plants, refuse, paper, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, waste oil, liquid or gelatinous hydrocarbons, tar, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 30 percent, plastic or rubber, office records, sensitive or classified wastes, or other materials which are difficult to burn without producing vast amounts of noxious and toxic fumes or dense smoke.

       C.  "New Wood Heater" means:

            1.  a wood heater that is sold at retail, bargained, exchanged or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and

            2.  has not been so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.

       D.  "Sole Source" means one or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating.  No solid fuel heating device(s) shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building that is connected or unconnected from its energy source, utilizing oil, natural gas, electricity or propane.

       E.  "Solid Fuel Heating Device" means any fireplace, wood heater, wood stove, wood fired boiler, coal fired furnace, coal stove or similar device burning any solid fuel and used inside a building for aesthetic, cooking (excluding commercial cooking) or heating purposes.

       F.  "Wood Heater" means an enclosed woodburning appliance, including a fireplace insert, capable of and intended for space heating and domestic water heating that meets all of the following criteria:

            1.  An air-to-fuel ratio in the combustion chamber averaging less than 35-to-1 as determined by the test procedure described in United States Environmental Protection Agency, 40 CFR Part 60.534;

            2.  A usable firebox volume of less than 0.56 cubic meters;

            3.  A minimum burn rate less than 5 kg/hr as determined by the test procedure described in United States Environmental Protection Agency, 40 CFR Part 60.534, and

            4.  A maximum weight, excluding devices and fixtures that are normally sold separately, such as flue pipe, chimney and masonry components that are not an integral part of the appliance or heat distribution ducting, of 800 kg.

       G.  "Woodsmoke Impacted Area" means that portion of Bernalillo County that is adversely affected by the burning of wood. This area is delimited on the north and south by the Bernalillo County lines, on the west by the western boundaries of the City of Albuquerque 1980 Census Tracts Numbers 47.02, 47.03, 47.04 and on the east by the eastern boundary line of Range 4 East.

34.02   Sale of New Wood Heaters - Certification Required

       After July 1, 1989, no person shall sell, offer for sale, or advertise for sale any new wood heater unless the wood heater has been emission certified and labeled in accordance with the United States Environmental Protection Agency, 40 CFR Part 60.530 through 60.539b.

34.03   No-Burn Periods

       From October 1 through February 28, following a burn down period, no person shall operate a solid fuel heating device within the woodsmoke impacted area during a no-burn period unless an exemption has been obtained or unless the device is a wood heater that has been emission certified by the United States Environmental Protection Agency.  Certified wood heaters may be operated during a no-burn period provided that no visible emissions are produced beyond a twenty (20) minute start up period.  No-burn periods shall be declared by the Director upon review of available meteorological data and a determination that expected atmospheric conditions will not reasonably disperse woodsmoke.

34.04   Notice Required

       Notice of no-burn periods shall be sufficient if published in a newspaper of general circulation within Bernalillo County, or if presented orally at least three (3) times during a six (6) hour period by at least two (2) radio or television stations operating within Bernalillo County, or if presented to the general public in the form of a recorded telephone message, the telephone number for which is published in the telephone directory or newspaper of general circulation within Bernalillo County.

34.05   Exemptions

       A.  Exemptions may be granted by the Director if it is determined that a solid fuel heating device is the sole source of heat for the building in which it is situated.  New sole source exemptions shall not be issued after December 31, 1990. Sole source exemptions issued prior to December 31, 1990 may be renewed annually.  A temporary sole source exemption may be granted for a specified period in the event of failure of the oil, natural gas, electricity or propane heating system.  An exemption may be granted for economic or health reasons from this ordinance by the Director if the Director determines that the applicant qualifies for financial assistance according to the economic guidelines established under the Food Stamps, Medicaid or low income energy assistance programs as administered by the Income Support Division of the New Mexico Human Services Department or if the Director determines that failure to grant an exemption would endanger the health of the applicant.  In no event shall an exemption be issued for more than 150 days.  Any person seeking an exemption shall do so by filing an acceptable written application with the Director. Applications shall:

           1.  State the applicant's name and mailing address;

           2.  State the address for which the exemption is sought;

           3.  State the reasons for seeking the exemption.

       B.  Following receipt of the application for exemption, the Director shall either grant the exemption, grant the exemption subject to conditions, or deny the exemption.  The applicant shall be notified in writing of the decision of the Director.

       C.  In the event an applicant for an exemption is not satisfied with the Director's action, the decision may be appealed to the Air Quality Control Board.  Such appeal shall be in writing and shall be submitted to the Director within 15 days after the Director's decision. The appeal shall be considered by the Board at the next regularly scheduled business meeting at which a quorum is present. The decision of the Board shall be final.

34.06   Visible Emissions

       No person shall operate a solid fuel heating device in such a manner so as to produce emissions to the atmosphere that exceed 30 percent opacity twenty minutes after ignition or refueling of the solid fuel burning device.

34.07   Test Procedures

       Visible emission limitations specified in this regulation shall be determined by a certified observer using the standard visual method listed ln 40 CFR 60 A, Method 9, or operation of equipment approved by the Director that is known to produce equivalent or better accuracy. Where condensed water vapor is visible in an exhaust plume, the opacity assessment shall be made at a point consistent with the procedure stipulated in 40 CFR 60 A Method 9.

34.08   Misfueling of Solid Fuel Heating Devices Prohibited

       No person shall use a fuel in a solid fuel heating device except those fuels that are recommended by the solid fuel heating device manufacturer subject to any installation or operational restrictions imposed by the manufacturer.  No person shall burn inappropriate fuel in a solid fuel heating device.

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