OAR 340-262-0800: Wood Burning and Other Heating Devices Curtailment Program

(1) Applicability. (a) The wood burning and other heating devices curtailment program applies to any portion of the state where required as an emission reduction strategy or contingency plan for PM10 or PM 2.5 nonattainment or maintenance areas as an element of the State of Oregon Clean Air Act Implementation Plan adopted under OAR 340-200-0040. (b) If a local government or regional authority has not adopted or is not adequately implementing a curtailment program in any area of the state where such a program is required, the Department will operate and enforce a program to curtail solid fuel heating during periods of air stagnation. (c) To determine whether a local government or regional authority has failed to adopt or adequately implement a curtailment program, the Department shall consider whether a local government or regional authority: (A) Has adopted an ordinance that requires the curtailment of solid fuel heating at forecasted air pollution levels which are consistent with the curtailment conditions and requirements specified in sections (3) and (4); (B) Is issuing on a daily basis, curtailment advisories to the public consistent with section (5); and (C) Is conducting surveillance for compliance and is taking adequate enforcement actions consistent with sections (6) to (8). (2) Exempt from this rule. Curtailed heating under this rule does not apply to: (a) Solid fuel burning devices or other solid fuel heating operated within a household classified to be less than or equal to 125 percent of the current federal poverty income guidelines accessible through the Oregon Center for Public Policy; (b) Solid fuel burning devices operated in a residence where the solid fuel burning device is the sole heating source; and (c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. (3) Air stagnation levels. DEQ or DEQ’s representative must use appropriate data and technology to establish the air stagnation levels used to curtail burning in PM10 or PM 2.5 nonattainment areas. The program must designate a: (a) Stage I advisory when the PM10 or PM 2.5 standard is being approached; and (b) Stage II advisory when an exceedance of the PM10 or PM 2.5 standard is forecast as imminent. (4) Curtailed burning. Unless exempt under section (2), the wood burning curtailment program prohibits operation of: (a) All heating by means of solid fuel, including but not limited to solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), that were not certified for sale as new by DEQ or EPA, during a designated Stage I advisory when the PM10 or PM2.5 standard is being approached. (b) All heating by means of solid fuel, including but not limited to solid fuel burning devices, fireplaces, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485(4)(b), whether or not those devices were certified for sale as new by DEQ or EPA, during a designated Stage II advisory when an exceedance of the PM10 or PM2.5 standard is forecasted to be imminent. (5) Daily air pollution advisories. DEQ or the DEQ representative (local or regional government) must disseminate daily air pollution advisories to the local community that must include any air stagnation levels under section (3) and curtailed burning under section (4) during the winter wood heating season. (6) Monitoring and enforcement. DEQ or the DEQ representative: (a) Must monitor compliance with the wood burning curtailment program during curtailed burning under section (4); and (b) May initiate enforcement action for smoke emitted through a flue or chimney during curtailed burning under section (4). Smoke emitted during curtailed burning raises a rebuttable presumption of a violation subject to OAR chapter 340, division 12. (7) Exempt from enforcement action. A person may respond to an enforcement action initiated under subsection (6)(b) by submitting a signed affidavit and documentation sufficient for DEQ to establish: (a) For a low income exemption under subsection (2)(a), a copy of the previous year tax returns with redacted Social Security Numbers. The tax return must reflect the total combined household income for the past year; or (b) For a sole-source heating exemption under subsection (2)(b), a signed affidavit attesting to the device’s status as the sole heating source of the residence. The exemption is valid for the current wood heating season in which the person is claiming the exemption. (8) Exempt status review. DEQ or the DEQ representative must review documentation submitted under section (7) to determine the exempt status of the household or solid fuel burning device. DEQ shall notify the person claiming exempt status of the: (a) Approval of exempt status and the dismissal of the enforcement action under section (6); or (b) Denial of exempt status including the reason. (9) Suspension of Department program. DEQ shall suspend the operation and enforcement of (2) through (8) of this rule if the Department determines the local government or regional authority has adopted and is adequately implementing a wood burning and other heating devices curtailment program that is at least as stringent as the program outlined in this rule.