OAR 340-262-0500: Certification of Solid Fuel Burning Devices for Sale as New

(1) By order, the department may certify solid fuel burning devices that have been certified by the United States Environmental Protection Agency as meeting EPA emission performance standards and certification labeling standards pursuant to: (a) 40 CFR part 60, subpart AAA, as in effect on July 1, 2010; or (b) Any equivalent or more stringent standard adopted by the United States Environmental Protection Agency subsequent to July 1, 2010. (2) By order, the department may certify solid fuel burning devices that have not been certified by the United States Environmental Protection Agency, but that were previously certified by the department as meeting emission performance standards and certification labeling standards on or after July 1, 1986 pursuant to ORS 468A.480. (3) By order, the department may certify any hydronic heater that has been accepted by EPA as a Phase 1 or Phase 2 emission level qualified model pursuant to the EPA Hydronic Heater Program, and that meets the requirements of subsections (a) and (b) below: (a) The hydronic heater must have a permanent “qualifying label” attached that meets the requirements of the EPA Hydronic Heater Program Phase 2 Partnership Agreement or similar agreement for the EPA Phase 1 program; and (b) The hydronic heater must have been installed by March 1, 2011, and the owner of the hydronic heater must confirm notice of installation to the department, on a department provided form, by July 1, 2011. (4) By order, the department may certify solid fuel burning devices that have been tested using a test method that is equivalent to the test methods in 40 CFR part 60, subpart AAA as in effect on July 1, 2010, if: (a) Testing is done by a method that has been determined to be equivalent by DEQ; and (b) The test results show the solid fuel burning device emits no more than 7.5 g/hr. (5) The department shall maintain a list of all devices certified pursuant to this rule.