Outdoor wood boilers used to heat homes and commercial establishments.
Purpose:
Particulate emission standards for new outdoor wood boilers, and stack height requirements for new and existing units.
Public hearing(s) will be held at:
6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 3, 2010 at Dulles State Office Bldg., 1st Fl. Auditorium, 317 Washington St., Watertown, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 7, 2010 at Department of Environmental Conservation - Region 1, SUNY @ Stony Brook, 50 Circle Rd., Stony Brook, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 8, 2010 at Department of Environmental Conservation Central Office, 625 Broadway, Public Assembly Rm. 129, Albany, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 9, 2010 at Rockland County Fire Training Center, 35 Fireman's Memorial Dr., Pomona, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 10, 2010 at Herkimer County Community College, Robert McLaughlin College Center, Hummel Corporate Center, 100 Reservoir Rd., Herkimer, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 14, 2010 at Genesee Community College, College Dr., Conable Technology Bldg., Rm. T102, Batavia, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 15, 2010 at Cortland County Office Bldg., 2nd Fl. Auditorium, 60 Central Ave., Cortland, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 16, 2010 at Allegany County Office Bldg., Legislative Board Chambers, 7 Court St., Belmont, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 17, 2010 at Jamestown Community College, Training Center, Rm. 117, 10785 Bennett Rd. (Rte. 60), Dunkirk, NY; 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 21, 2010 at Norrie Point Environmental Center, Margaret Lewis Norrie State Park, 256 Norrie Point Way, Staatsburg, NY; and 6:00 p.m.-8:00 p.m., Public Hearing; 5:00 p.m.-6:00 p.m., Information Session, June 23, 2010 at Harrietstown Town Hall, 39 Main St., Saranac Lake, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the following State website:www.dec.ny.gov):
The Department of Environmental Conservation (Department) proposes to adopt 6 NYCRR Part 247, Outdoor Wood Boilers, and revise 6 NYCRR Part 200, General Provisions, to conform to the new rule. Outdoor wood boilers (OWBs) are defined in Part 247 as fuel burning devices (1) designed to burn wood or other fuels; (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans; and (3) that are used to heat building space and/or water via the distribution, typically through pipes, of a gas or liquid (e.g., water or water/antifreeze mixture) heated in the device.
General Provisions applicable to all OWBs
Definitions of terms used in Part 247 are presented in Section 247.2. An OWB commencing operation on or after April 15, 2011 is defined as a ‘new' OWB. Conversely, an ‘existing' OWB is defined as an OWB that commenced operation prior to April 15, 2011. The term ‘commence operation' is defined as the initial start-up of the combustion chamber of an OWB after all piping and electrical connections between the OWB and structure(s) it serves have been completed. New OWBs are further classified based upon the useful heat generated in the unit. Residential-size new OWBs are units with a thermal output rating of 250,000 British thermal units per hour (Btu/h) or less. Commercial-size new OWBs are units with a thermal output rating greater than 250,000 Btu/h. The term ‘Northern Heating Zone' is defined as the area including the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Oswego, St. Lawrence, Saratoga, Warren and Washington.
A list of fuels which may be burned in OWBs is contained in Section 247.4. Seasoned clean wood may be burned in a new OWB. ‘Clean wood' is defined in section 247.2 as wood that has not been painted, stained, or treated with a coating, glue or preservative. In addition, natural gas and heating oil that meets the sulfur content limits set forth in Subpart 225-1, and non-glossy, non-colored papers, including newspaper, may be used as starter fuels. The Department may approve additional fuels for specific models of new OWBs provided that the models have been tested via United States Environmental Protection Agency (EPA) Test Method 28-OWHH with the fuels in question. A list of prohibited fuels is contained in subdivision 247.3(b). The list of prohibited fuels includes, but is not limited to, garbage, yard waste, household chemicals and animal carcasses.
Subdivision 247.3(c) prohibits the operation of an OWB in such a manner as to cause or allow emissions from such OWB that are injurious to human, plant or animal life or which unreasonably interfere with the comfortable enjoyment of life or property. Examples of situations that would trigger subdivision 247.3(c) include, but are not limited to:
a. activating smoke detectors in neighboring structures;
b. impairing visibility on a public highway; or
c. causing a visible plume migrating from an OWB and contacting a building on an adjacent property.
Subdivision 247.3(d) prohibits the operation of an OWB in such a manner as to create a smoke plume with an opacity of 20 percent or greater (six minute mean) as determined via EPA Reference Method 9 (or equivalent).
Requirements applicable to New OWBs
The particulate emission limits, stack height and setback requirements for residential-size new OWBs are set forth in Section 247.5. Residential-size new OWBs will be subject to a weighted average particulate emission limit of 0.32 pounds per million British thermal units (mmBtu) heat output. In addition, the particulate emission rate for any test run conducted pursuant to Test Method 28-OWHH may not exceed 15.0 g/h when the burn rate is 1.5 kilograms per hour (kg/h) or less and 18.0 g/h when the burn rate is greater than 1.5 kg/h. Further, residential-size new OWBs must be located 100 feet or more from the nearest property boundary line and must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than 18 feet above ground level.
Commercial-size new OWBs (Section 247.6) will be subject to a weighted average particulate emission limit of 0.32 pounds per million mmBtu heat output. In addition, the particulate emission rate for any test run conducted pursuant to Test Method 28-OWHH may not exceed 20.0 g/h. A commercial-size new OWB must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than 18 feet above ground level. Finally, a commercial-size new OWB must be located 200 feet or more from the nearest property boundary line, 300 feet or more from the nearest residential property boundary line, and 1000 feet or more from a school.
Requirements that Apply to Manufacturers
Sections 247.7 and 247.8 contain provisions that apply to manufacturers of new OWBs. A permanent label (Section 247.7) must be affixed to all new OWBs. The label must be made of a material that is sufficiently durable to last the lifetime of the new OWB and must contain the following information:
a. name and address of the manufacturer;
b. date the new OWB was manufactured;
c. model name and number;
d. serial number;
e. thermal output rating in Btu/h; and
f. certified particulate emission rate (per Section 247-1.8).
Beginning April 15, 2011, all new OWBs must be of a model certified by the Department. A model is defined in Section 247.2 as all new OWBs manufactured by a single manufacturer that are similar in all material and design respects. The certification process is set forth in Section 247.8.
Two copies of the certification application must be submitted to the Department. The following information must be contained in a manufacturer's application for certification of a model as set forth in subdivision 247.8(c):
a. name and address of the manufacturer, model name and number, serial number, date of manufacture and the thermal output rating, in Btu/h, of the new outdoor wood boiler tested;
b. four individual color photographs of the tested unit showing the front, back and both sides of the unit;
c. engineering drawings and specifications for each of the following components:
1. firebox including a secondary combustion chamber;
2. air induction systems;
3. baffles;
4. refractory and insulation materials;
5. catalysts;
6. catalyst bypass mechanisms;
7. flue gas exit;
8. door and catalyst bypass gaskets;
9. outer shielding and coverings;
10. fuel feed system; and
11. blower motors and fan blade size.
d. final test report prepared by the testing laboratory; and
e. a copy of the operation and maintenance instructions.
In order for a model to be certified, the particulate emission rate must be determined by a test laboratory via Test Method 28-OWHH or other test method approved in writing by the Department. A test laboratory must be accredited by the EPA for testing wood-burning residential space heaters in accordance with 40 CFR 60 Subpart AAA, Section 60.535 or another organization approved by the Department. A test laboratory must have no conflict of interest or financial gain in the outcome of the testing of new OWBs.
The Department shall issue a certificate of compliance if the application is deemed complete and the model is determined to be compliant with the particulate emission limits set forth in Section 247.5 or Section 247.6 (as appropriate). The certificate of compliance will be valid for five years and may be renewed by the manufacturer. If a manufacturer makes a change in the design of a model resulting in a change in the thermal output rating of the model, that change constitutes the creation of a new model.
Requirements that Apply to Distributors
Section 247.9 applies to distributors. The term ‘distributor' is defined in Section 247.2 as any person who sells or leases a new OWB to an end user. Distributors are required to provide a prospective buyer or lessee of a new OWB with a ‘Notice to Buyers' (Notice). The following must be included in the Notice:
a. an acknowledgement that the buyer or lessee was provided a copy of Part 247;
b. a list of fuels that may be burned in the OWB as set forth in paragraph 247.8(d)(1) of Part 247; and
c. a statement that even if the requirements set forth in Part 247 are met, there may be conditions or locations in which the use of a new outdoor wood boiler unreasonably interferes with another person's use or enjoyment of property or even damage human health, and if such a situation occurs the owner or lessee of the new outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense as well as any other penalty allowed by law.
The Notice must be signed and dated by both the buyer (or lessee) and the distributor when the sale (or lease) of the new OWB is completed. In addition, the following information must be added to the Notice:
a. name and address of the owner (or lessee) of the new OWB;
b. street address where the OWB was installed (if different from item (a) above);
c. name of the manufacturer, model and date of manufacture of the new OWB;
d. height of the peak of the highest roof structure within 150 feet of the new OWB;
e. height of the permanent stack for the new OWB; and
f. distance to the nearest property boundary line to the new OWB.
The distributor must submit the completed Notice to the Department's regional office for the area where the OWB is installed within seven (7) days of making delivery of the new OWB into the possession of the buyer or lessee.
Requirements applicable to Existing OWBs (Section 247.10)
All existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located within 150 feet of the OWB and no less than of 18 feet above ground level effective October 1, 2011. An existing outdoor wood boiler that commenced operation prior to September 1, 2005 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service no later than August 31, 2015. An existing outdoor wood boiler that commenced operation between September 1, 2005 and April 14, 2011 must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service within ten years of the commence operation date but not later than August 31, 2020. In the event that an owner of an existing outdoor wood boiler cannot provide sufficient documentation, to the satisfaction of the Department, regarding the commence operation date of their existing outdoor wood boiler, such owner must replace their existing outdoor wood boiler with a new outdoor wood boiler meeting the requirements of this Part or must permanently remove the existing outdoor wood boiler from service no later than August 31, 2015.
No person shall operate an existing OWB in the Northern Heating Zone between May 15 and August 31 of each year or between April 15 and September 30 elsewhere in the State. There are three exceptions to this provision (subdivision 247.10(b)):
1. OWBs certified under Section 247.8 and sited 100 feet or more from the nearest property boundary line;
2. OWBs sited 500 feet or more from the nearest property boundary line; or
3. OWBs located on contiguous agricultural lands1 greater than five acres sited 500 feet or more from the nearest residence not served by the OWB or 500 feet or more from the nearest property boundary line that is not agricultural land and 1000 feet or more from a school.
Severability Clause
Section 247.11 contains a severability clause stating that in the event any provision of Part 247 is held to be invalid, the remainder of Part 247 shall continue in full force and effect.
Part 200 – General Provisions
Section 200.9 will be amended to incorporate by reference EPA Test Method 28-OWHH and Reference Method 9. Further, test laboratories that conduct the Test Method 28-OWHH testing must be accredited by EPA pursuant to Section 60.535. Therefore, the Department is incorporating Section 60.535 by reference in this regulation.
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1 The term ‘agricultural land’ is defined in Section 247.2 as the “land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a ‘commercial horse boarding operation’ and ‘timber processing’. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.”
Text of proposed rule and any required statements and analyses may be obtained from:
John Barnes, P.E., NYSDEC, Division of Air Resources, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396, email: 247owb@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
July 2, 2010.
Additional matter required by statute:
Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file. This rule must be approved by the Environmental Board.
Summary of Regulatory Impact Statement
The purpose of Part 247 is to establish regulatory requirements for outdoor wood boilers (OWBs), most of which are not subject to any current federal or state regulations.
Outdoor wood-fired boilers are fuel burning devices (1) designed to burn wood or other fuels; (2) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans; and (3) that are used to heat building space and/or water via the distribution, typically through pipes, of a gas or liquid (e.g., water or water/antifreeze mixture) heated in the device. A typical unit looks like a small metal storage shed with a stack. Outdoor wood boilers can also be used to heat swimming pools.
The Department is proposing to establish stack height and operational requirements, such as specifying which fuels may or may not be used, that will apply to all OWBs. Particulate emission standards are proposed for new OWBs. The process by which manufacturers may apply to certify new OWB models for sale in New York is set forth in the proposed rule. The requirements that will apply to distributors are also set forth in the proposed rule. The term ‘distributor' is defined in Part 247 as one who sells or leases outdoor wood boilers to end users.
Needs and Benefits
Outdoor wood boilers have become more popular in recent years as a means to reduce home energy costs. In New York State, OWB sales increased from 606 units in 1999 to 1,880 units in 2004.1 The increased use of OWBs has resulted in numerous complaints filed by neighbors of OWB owners. Complaints have been filed with the Department, the New York State Department of Health, the Office of the Attorney General and local municipalities, many of which have adopted ordinances to regulate OWBs.
During the winter months, the Department's regional offices receive numerous complaints regarding smoke from OWBs. Some complaints are filed during the summer months as well since some OWBs are used to heat swimming pools and provide hot water for the residences they serve. At this time, the Department uses the provisions in Part 211, "General Prohibitions", to initiate an enforcement action against the owner/operator of an OWB subject to a complaint(s). In order to prosecute an enforcement action under Part 211, Department staff must observe an opacity violation via EPA Federal Reference Method 9 or document conditions that clearly "interfere with the comfortable enjoyment of life or property." Department staff must be present when the OWB is operating to meet the heat demand of the building it services and under the proper daylight conditions in order to conduct a Method 9 analysis. Due to the cyclical nature of the operation of an OWB, collecting evidence for an enforcement action is a labor-intensive activity. A regulation detailing the compliance requirements that owners/operators must meet is necessary in order for Department staff to effectually resolve nuisance complaints.
In general, the Department continues to support the use of renewable resources such as wood, and the proposed rule will allow the continued use of OWBs while minimizing the environmental impacts. The primary benefit of the proposed rule, if promulgated, would be a significant improvement in the quality of life for those impacted by a plume from a neighbor's OWB. This will be accomplished by reducing the potential exposures to wood smoke, thus mitigating both the public nuisance and adverse health effects that have led to the complaints filed with government agencies. In addition, the promulgation of Part 247 would give the Department a tool to effectually resolve complaints. These benefits will be achieved by implementing the provisions described in the following five sections.
1. General Provisions
Only seasoned clean wood2 and wood pellets made from clean wood may be burned in an OWB. Natural gas, heating oil that complies with the fuel sulfur limits set forth in Subpart 225-1 and non-glossy, non-colored paper, including newspaper, may be used as starter fuels if so recommended by the manufacturer. A list of prohibited fuels is incorporated into Section 247.3. The list of prohibited fuels includes garbage, household chemicals, plastics, plywood and coal3 and is incorporated into the rule to provide guidance to OWB operators.
A nuisance provision is included in Part 247 which prohibits the operation of an OWB in a manner that may cause injury or damage to human life or which unreasonably interferes with another person's enjoyment of life or property. Examples of situations where this provision would apply are set forth in Section 247.3. However, this list is not intended to be exhaustive and other situations may trigger the nuisance provision. This provision is designed to make it easier for the Department to resolve complaints regarding the operation of an OWB.
No OWB may be operated in a manner that causes a plume with an opacity greater than 20 percent (six minute mean) as determined using EPA Reference Method 9 (or equivalent). An opacity reading greater than this standard may be an indication that an OWB is not being operated properly (e.g., improper fuel(s) being used). This provision is included in Part 247 to give the Department another tool to effectually resolve complaint situations.
2. Requirements for New OWBs
New OWBs (those units that commence operation on or after April 15, 2011) must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure within 150 feet of an OWB and not less than 18 feet above grade. Based upon location-specific factors such as the height of nearby buildings, terrain, etc., the permanent stack may need to be taller than 18 feet in order to avoid creating nuisance conditions.
There are two classifications of new OWBs in Part 247. Units with thermal output ratings of 250,000 British thermal units per hour (Btu/h) or less are classified as ‘residential-size' OWBs. Units with thermal output ratings greater than 250,000 Btu/h are classified as ‘commercial-size' OWBs. New residential-size OWBs must meet a weighted average particulate matter emission limit of 0.32 pounds per million Btu heat output. The particulate matter emission rate for any burn category with a burn rate less than or equal to 1.5 kilograms per hour (kg/h) may not exceed 15.0 g/h. The particulate matter emission rate for any burn category with a burn rate greater than 1.5 kg/h may not exceed 18.0 g/h. New commercial-size OWBs must meet a weighted average particulate emission limit of 0.32 pounds per million Btu heat output. In addition, the particulate emission rate for any one burn category may not exceed 20.0 g/h. These emission standards are comparable to the standards promulgated by the states of Vermont, Massachusetts and Maine and the standards proposed by the state of Pennsylvania.
Setback requirements are set forth in Part 247 for new OWBs. A new residential-size OWB must be located 100 feet or more from the nearest property boundary line. A new commercial-size OWB must be located 200 feet or more from the nearest property boundary line, 300 feet or more from the nearest property boundary line of a residentially zoned property and 1000 feet or more from a school.
3. Requirements that Apply to Manufacturers
There are two provisions in Part 247 that apply to OWB manufacturers. Manufacturers are responsible for applying for a certificate of compliance for each model line they plan to sell in New York. Second, manufacturers are responsible for affixing a permanent label on each OWB to be sold in New York. The following information must be included on the permanent label is set forth is Section 247.7:
a. name and address of the manufacturer;
b. date the OWB was manufactured;
c. model name and number;
d. serial number;
e. thermal output rating of the OWB in British thermal units per hour; and
f. certified particulate emission rate.
These provisions are included in Part 247 to help ensure that only certified OWBs are sold in New York from April 15, 2011 forward.
4. Requirements that Apply to Distributors
Distributors must provide a ‘Notice to Buyers' (Notice) to prospective buyers or lessees of OWBs. The following must be included in the Notice:
a. an acknowledgement that the buyer or lessee was provided with a copy of Part 247;
b. a list of the fuels that may be burned in the OWB as set forth in the certificate of compliance issued to the manufacturer; and
c. a statement that even if the requirements set forth in Part 247 are met, there may be conditions or locations in which the use of an OWB unreasonably interferes with another person's use or enjoyment of property or even damage human health, and if such a situation occurs the owner or lessee of the outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense as well as any other penalty allowed by law.
The Notice must be signed by the distributor and buyer (or lessee) when the sale (or lease) is completed. At that time, the following information must be incorporated into the Notice:
a. name and address of the owner or lessee of the OWB;
b. street address where the OWB was installed (if different from item (a) above);
c. name of manufacturer, model line and date of manufacture of the OWB;
d. height of the peak of the highest roof structure within 150 feet of the new OWB;
e. height of the permanent stack for the OWB; and
f. distance from the OWB to the nearest property boundary line.
The distributor must submit the completed Notice to the Regional Air Pollution Control Engineer for the location where the OWB was installed within seven (7) days of making delivery of the new OWB to the buyer or lessee. These provisions are included in Part 247 to help ensure that only certified OWBs are sold in New York beginning on April 15, 2011 and that the stack height and setback requirements for new OWBs are met.
5. Requirements for Existing OWBs
Existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure within 150 feet of an OWB and not less than 18 feet above grade effective October 1, 2011. Based upon location-specific factors such as the height of nearby buildings, terrain, etc., the permanent stack may need to be taller than 18 feet in order to avoid creating nuisance conditions.
The purposes of the phase out provisions (subdivision 247.10(b)) are to remove OWBs from densely populated areas and replace existing OWBs with lower emitting and more efficient new OWBs. This provision is expected to result in a significant reduction in the number of complaints filed regarding OWBs as well as environmental and health benefits in areas where older model OWBs were installed.
Under the phase out provisions, existing OWBs must be replaced with a new OWB or must be permanently removed within 10 years of the commence operation date. After August 31, 2020, no existing OWBs may be operated in New York. This provision establishes an end date when existing OWBs must be replaced or removed from service. The 10-year phase out period is based upon the useful life of OWBs. At the end of the useful life, an OWB will need to be replaced. The Department estimates that the useful life of OWBs is ten years based upon a review of four manufacturer warranties available on the internet. Woodmaster (woodmaster.com) offers a limited 10-year warranty the details of which are available after the purchase of an OWB. Greenwood (GreenwoodFurnace.com) offers a limited 20-year warranty on the firebox and a 10-year limited warranty for all other components. Aqua-Therm (aqua-therm.com) and Heatmor (heatmor.com) provide credits of 10 or 15 percent towards the cost of a new OWB when the original OWB is ten years old. The 10-year phase out period will allow owners of existing OWBs the opportunity to recover the costs of their investment without forcing a pre-mature replacement of their home furnaces.
In cases where an existing OWB commenced operation prior to September 1, 2005 or an owner cannot provide sufficient documentation (e.g., purchase or installation contracts) regarding the date their OWB commenced operation, the affected existing OWBs must be replaced with a new OWB or removed from service no later than August 31, 2015. The purpose of this provision is to provide the affected public regulatory certainty regarding the enforcement of the phase out provisions and to allow OWB owners sufficient time to plan for the cost of replacing their OWBs.
Existing OWBs located in the Northern Heating Zone4 may not be used during the period of May 15 through August 31 of each year. Elsewhere in the state, existing OWBs may not be used during the period of April 15 through September 30 of each year. Some OWBs are used during late-spring and summer to provide hot water and heat swimming pools. These OWBs operate at very low burn rates and smolder most of the time. The emissions from OWBs do not disperse well during long hot spells when the air is calm (air stagnation periods). Further, people spend time outside during summer months and smoke from one's OWB can prevent their neighbors from enjoying outdoor activities. An existing OWB that meets a 500-foot setback (as defined in paragraphs 247.10(b)(2) and (3)) or meets a 100-foot setback and is a model certified by the Department pursuant to Part 247, may operate year-round provided the operation of such OWB does not cause a nuisance condition.
Costs
Manufacturers will incur research and development costs to develop new OWBs that can meet the emission limits set forth in Part 247. In order for a new OWB model line to be certified under Part 247, it must be tested per the protocols of Method 28-OWHH by an independent laboratory. The cost to manufacturers to have units tested is approximately $15,000 to $20,000 per certification test. Most New England states are in the process of promulgating rules similar to Part 247. Therefore, the costs for manufacturers to comply with Part 247 will be the same as the costs to comply with OWB regulations promulgated in other northeastern states. As a result, the cost of new OWBs in New York is expected to be commensurate with other northeastern states.
All OWBs will be subject to an 18-foot minimum stack height requirement. Stack extensions will need to be installed on most OWBs. The estimated cost for stack extensions is $200 for each four foot section. A typical cost for extending an OWB stack is expected to be $600 but could be more if a stack needs to be higher than 18 feet high in order to extend two feet above a roofline within 150 feet of the OWB or to avoid creating a nuisance condition or both.
Owners of existing OWBs subject to the seasonal prohibition provision (Section 247.10(b)) will need to purchase a hot water heater if they were relying solely on the OWB for domestic hot water and have either built their house without another hot water source or have removed the hot water heater that was in use prior to the installation of the OWB. The capital costs to affected homeowners are expected to range from $300 to $350 for an electric heater and $500 to $600 for a natural gas-fired heater.5 High efficiency electric heat pump water heaters are estimated to cost three times more than a conventional electric hot water heater with a long-term savings due to lower operating costs.6 Further, homeowners purchasing high efficiency water heaters may be eligible for tax incentives from the American Recovery and Reinvestment Act of 20097 as well as utility rebates from New York's Energy Efficiency Portfolio Standard (www.dps.state.ny.us/Phase2_Case_07-M-0548.html).
Paperwork
All new OWBs must be of a model certified by the Department. Every five years, manufacturers will need to apply for certification for each model they want to sell in New York. The Department will develop an application form which manufacturers will need to complete and submit with a certification package. The information that must be included in each application package is set forth in Section 247.8.
The distributor and owner (or lessee) of a new OWB must sign and date a "Notice to Buyers" (Notice) form supplied by the distributor. The original copy of the signed Notice must be submitted to the appropriate regional office within seven (7) days of delivery of the OWB to the owner/operator. The information that must be included in the Notice is specified in Section 247.9.
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1 "Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State," Judith Schreiber et. al., p. 4 (Oct. 2005).
2 The term ‘clean wood’ is defined in Section 247.2 as wood that has not been painted, stained or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.
3 See Section 247.3(b) for the complete list of prohibited fuels. This list should not be considered the complete list of prohibited fuels since any fuel not authorized under Section 247.4 (Approved Fuels) will be considered a prohibited fuel.
4 The term ‘Northern Heating Zone’ is defined in Section 247.2 as the area including the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Oswego, St. Lawrence, Saratoga, Warren and Washington.
5 These costs are for 40 or 50 gallon capacity heaters. Source: www.Kenmore.com, July 3, 2009.
7 A new water heater must be installed prior to December 31, 2009.(H.R. 1-208, Section 1121).
Regulatory Flexibility Analysis
The purpose of Part 247 is to establish regulatory requirements for outdoor wood boilers (OWBs), most of which are not subject to any current federal or state regulations. These sources may currently be subject to municipal ordinances which have been adopted in some areas due to the lack of federal or state regulations. These ordinances were generally adopted to address complaints received by municipal governments from residents living in the vicinity of OWBs. Part 247 is intended to regulate OWBs at the statewide level under the jurisdiction of the Department of Environmental Conservation (Department) and remove the regulatory burden from municipal governments.
The Department is proposing to establish stack height and operational requirements, such as specifying which fuels may or may not be used, that will apply to all OWBs. Particulate emission standards are proposed for new OWBs. The process by which manufacturers may apply to certify new OWB models for sale in New York is set forth in the proposed rule. The requirements that will apply to distributors are also set forth in the proposed rule. The term ‘distributor' is defined in Part 247 as one who sells or leases outdoor wood boilers to end users.
EFFECTS ON SMALL BUSINESS AND LOCAL GOVERNMENTS
The greatest impacts of the provisions in Part 247 will be felt by manufacturers of new OWBs. The Department anticipates that the state-wide standards for OWBs contained in Part 247 will provide support and consistency to local governments that have been struggling with this issue.
There are more than 20 OWB manufacturers in the United States and Canada.1 Most OWB manufacturers will need to redesign their models in order to comply with the particulate emission standards set forth in Sections 247.5 and 247.6. Manufacturers that develop model lines that meet the particulate emission standards for new OWBs will be able to compete in the New York market after the new requirements take effect on April 15, 2011. Manufacturers that do not develop model lines that meet the particulate emission standards for new OWBs will not be able to compete in the New York market.
Distributors working with manufacturers that develop models certified under Part 247 will be able to continue doing business in New York April 15, 2011 and beyond so long as they only sell models that comply with Part 247.
COMPLIANCE REQUIREMENTS
Part 247 sets forth compliance requirements that apply to OWB owners, manufacturers and distributors of new OWBs. A new OWB is defined as one that commences operation on or after April 15, 2011. The requirements that will apply to small businesses, specifically manufacturers and distributors, are discussed in the following two sections. There are no compliance requirements set forth in Part 247 that will specifically apply to local governments.
Requirements for Manufacturers
Sections 247.7 and 247.8 contain provisions that apply to OWB manufacturers. A permanent label (Section 247.7) must be affixed to all new OWBs. The label must be made of a material that is sufficiently durable to last the lifetime of the OWB and must contain the following information:
a. name and address of the manufacturer;
b. date the OWB was manufactured;
c. model name and number;
d. serial number;
e. thermal output rating in Btu/h; and
f. certified particulate emission rate (per Section 247.8).
Effective April 15, 2011, all new OWBs sold in New York must be of a model certified by the Department. A model is defined in Section 247.2 as all new OWBs manufactured by a single manufacturer that are similar in all material and design respects. The certification process is set forth in Section 247.8.
Two copies of the certification application must be submitted to the Department. The following information must be contained in a manufacturer's application for certification of a model as set forth in paragraph 247.8:
a. name and address of the manufacturer, the model name and number, serial number, date of manufacture and the thermal output rating, in Btu/h, of the outdoor wood boiler tested;
b. four color photographs of the tested unit showing the front, back and both sides of the unit;
c. engineering drawings and specifications for each of the following components:
1. firebox including a secondary combustion chamber;
2. air induction systems;
3. baffles;
4. refractory and insulation materials;
5. catalysts;
6. catalyst bypass mechanisms;
7. flue gas exit;
8. door and catalyst bypass gaskets;
9. outer shielding and coverings;
10. fuel feed system; and
11. blower motors and fan blade size.
d. final test report prepared by the testing laboratory; and
e. a copy of the operation and maintenance instructions.
In order for a model to be certified, the particulate emission rate must be determined by a test laboratory using Test Method 28-OWHH, which was developed by the EPA. Alternative methods may be used upon the written approval of the Department. A test laboratory must be accredited by the EPA for testing wood-burning residential space heaters in accordance with 40 CFR 60 Subpart AAA, Section 60.535 or another organization approved by the Department. A test laboratory must have no conflict of interest or financial gain in the outcome of the testing of OWBs.
The Department will issue a certificate of compliance if the application is deemed complete and the model is determined to be compliant with the particulate emission limits set forth in Section 247.5 or Section 247.6 (as appropriate). The certificate of compliance will be valid for five years. A change in the design of a model resulting in a change in the thermal output rating of the model constitutes the creation of a new model.
Requirements for Distributors
Section 247.9 applies to distributors. The term ‘distributor' is defined in Section 247.2 as any person who sells or leases an OWB to an end user. Distributors are required to provide a prospective buyer or lessee of an OWB with a ‘Notice to Buyers' (Notice). The following must be included in the Notice:
a. an acknowledgement that the buyer or lessee was provided a copy of Part 247;
b. a list of the fuels that may burned in the OWB as set forth in the certificate of compliance issued to the manufacturer; and
c. a statement that even if the requirements set forth in Part 247 are met there may be conditions or locations in which the use of an outdoor wood boiler unreasonably interferes with another person's use or enjoyment of property or even damage human health and if such a situation occurs the owner or lessee of the outdoor wood boiler causing the situation may be subject to sanctions that can include a requirement to remove the device at their own expense as well as any other penalty allowed by law.
The Notice must be signed and dated by the buyer (or lessee) and the distributor when the sale (or lease) of the OWB is completed. In addition, the following information must be added to the Notice:
a. name and address of the owner (or lessee) of the OWB;
b. street address where the OWB was installed (if different from item (a) above);
c. name of the manufacturer, model and date of manufacture of the OWB;
d. height of the peak of the highest roof structure within 150 feet of the new OWB;
e. height of the permanent stack for the OWB; and
f. distance from the OWB to the nearest property boundary line.
The distributor must submit the completed Notice to the Department's regional office for the location where the OWB is installed within seven (7) days of making delivery of the OWB into the possession of the buyer (lessee).
PROFESSIONAL SERVICES
Manufacturers must have a model line tested by an independent test laboratory in order to generate the emissions data that need to be included in a certification application.
COMPLIANCE COSTS
All OWBs must be equipped with a permanent stack extending 18 feet above ground level. Stack extensions will need to be installed on most OWBs. The estimated cost for stack extensions is $200 for each four foot section. A typical cost for extending an OWB stack is expected to be $600 but would be higher if a stack needs to be greater than 18 feet high in order to avoid creating a nuisance condition.
Manufacturers will incur research and development costs to develop new OWBs that can meet the particulate emission limits set forth in Part 247. In order for a new OWB model line to be certified under Section 247.8, it must be tested per the protocols of Method 28-OWHH by an independent laboratory. The cost to manufacturers to have units tested is approximately $15,000 to $20,000 per certification test. New York State is not the only state promulgating emission standards for new OWBs. Most New England states have promulgated rules similar to Part 247. Therefore, the costs to comply with Part 247 will be similar to those in the New England states with OWB regulations. As a result, the cost of new OWBs in New York is expected to be commensurate with such costs in other northeastern states.
Distributors who purchased OWBs wholesale from manufacturers will not be able to sell non-compliant OWBs after April 14, 2011. Therefore, any unsold inventory of non-compliant OWBs would need to be sold to distributors in other states, sold back to the manufacturers or taken as a business loss.
MINIMIZING ADVERSE IMPACT
Part 247 is based upon a model rule developed by the Northeast States for Coordinated Air Use Management (NESCAUM) in January 2007. This model rule was developed as a guide for member states2 as they draft their OWB regulations.
One of the key aspects of the NESCAUM model rule is that new OWB models must be certified by the state environmental agency. There are recertification and quality assurance provisions in the model rule along with a requirement that a model be recertified if a design change is made. In Part 247, the certification of a model is valid for five years. Manufacturers may make minor changes to their models without the expense of recertifying the model as long as the thermal output rating of the model does not change. In this way, a manufacturer does not have to submit design specification changes to the Department to determine if the model needs to be recertified.
SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION
Department staff met with representatives of OWB manufacturers on June 15, 2007, April 16, 2009 and December 2, 2009. A copy of the draft rule was sent to stakeholders on November 14, 2007 and a stakeholder meeting was held on November 29, 2007 in Albany.
ECONOMIC AND TECHNOLOGICAL FEASIBILITY
As of December 2, 2009, there are 10 models that may meet the proposed PM limits for new residential OWBs. The Department has not reviewed the test reports prepared by independent test laboratories and other documentation for these models. The EPA has reviewed the test reports and determined that the models meet the requirements of the EPA's Outdoor Wood-fired Hydronic Heaters Program (see www.epa.gov/woodheaters/models.htm).
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1 "Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State," Judith Schreiber et. al., pp. 31-32 (Oct. 2005).
2 The NESCAUM member states are New Jersey, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire and Maine.
Rural Area Flexibility Analysis
The purpose of Part 247 is to establish regulatory requirements for outdoor wood boilers (OWBs), most of which are not subject to any current federal or state regulations. These sources may currently be subject to municipal ordinances which have been adopted in some areas due to the lack of federal or state regulations. These ordinances were generally adopted to address complaints received by municipal governments from residents living in the vicinity of OWBs. The Department anticipates that the state-wide standards for OWBs contained in Part 247 will provide support and consistency to local governments that have been struggling with this issue.
The Department is proposing to establish stack height and operational requirements, such as specifying which fuels may or may not be used, that will apply to all OWBs. Particulate emission standards are proposed for new OWBs. The process by which manufacturers may apply to certify new OWB models for sale in New York is set forth in the proposed rule. The requirements that will apply to distributors are also set forth in the proposed rule. The term ‘distributor' is defined in Part 247 as one who sells or leases outdoor wood boilers to end users.
TYPES AND ESTIMATED NUMBER OF RURAL AREAS AFFECTED
Part 247 will apply statewide. The Department and other governmental agencies1 have received numerous complaints regarding smoke emissions from OWBs. The Department does not know how many OWBs have been installed in the state. The Office of the Attorney General estimated that 7,463 OWBs were installed in the state between 1999 and 2004.2
COMPLIANCE REQUIREMENTS
The compliance requirements for new OWBs are set forth in Part 247. Outdoor wood boilers that commence operation on or after April 15, 2011 are considered new OWBs. Conversely, existing OWBs are defined as those that commenced operation prior to April 15, 2011. The requirements that apply to manufacturers and distributors of new OWBs in rural areas are presented in the "Regulatory Flexibility Analysis for Small Businesses and Local Governments" for this rulemaking.
The compliance requirements that apply to end users of OWBs are presented in the following three sections.
General Provisions
The approved fuels that may be burned in an OWB are listed in Section 247.4. Seasoned clean wood3 and wood pellets made from clean wood may be burned in an OWB. Natural gas, heating oil that complies with the fuel sulfur limits set forth in Subpart 225-1 and non-glossy, non-colored paper, including newspaper, may be used as starter fuels.4
A list of prohibited fuels is included in Section 247.3 as guidance to OWB operators. The list of prohibited fuels includes, but is not limited to, garbage, household chemicals, plastics, plywood and coal.5
A nuisance provision is included in Section 247.3 which prohibits the operation of an OWB in a manner that may cause injury or damage to human life or which unreasonably interferes with another person's enjoyment of life or property. Examples of situations where this provision would apply are set forth in Part 247(see subdivision 247.3(c)). However, this list is not intended to be exhaustive and other situations may trigger the nuisance provision. This provision is designed to make it easier for the Department to resolve complaints regarding the operation of an OWB.
No OWB may be operated in a manner that causes a plume with an opacity greater than 20 percent (six minute mean) as determined using EPA Reference Method 9 (or equivalent). An opacity reading greater than this standard may be an indication that an OWB is not being operated properly (e.g., improper fuel(s) being used). This provision is included in Part 247 to give the Department another tool to effectually resolve complaint situations.
New OWBs
There are two classifications of new OWBs in Part 247. Units with thermal output ratings of 250,000 British thermal units per hour (Btu/h) or less are classified as ‘residential-size' OWBs. Units with thermal output ratings greater than 250,000 Btu/h are classified as ‘commercial-size' OWBs. All new OWBs must be equipped with permanent stacks extending a minimum of two feet above the peak of any roof structure located within 150 feet of an OWB and no less than 18 feet above ground level. The particulate emission limits are slightly different for each classification.
New residential-size OWBs must meet a weighted average particulate emission limit of 0.32 pounds per million Btu heat output as determined using Test Method 28-OWHH. The particulate matter emission rate for any burn category with a burn rate less than or equal to 1.5 kilograms per hour (kg/h) may not exceed 15.0 g/h.6 The particulate matter emission rate for any burn category with a burn rate greater than 1.5 kg/h may not exceed 18.0 g/h. These emission standards are analogous to the EPA's standards for indoor woodstoves (40 CFR 60 Subpart AAA). New commercial-size OWBs must also meet a weighted average particulate emission limit of 0.32 pounds per million Btu heat output, but the particulate emission rate for any one burn category may not exceed 20.0 g/h.
A new residential-size OWB must be located 100 feet or more from the nearest property boundary line. A new commercial-size OWB must be located 200 feet or more from the nearest property boundary line and 300 feet or more from the nearest property boundary line of a residentially zoned property and 1000 feet or more from the nearest school.
Existing OWBs
Existing OWBs must be equipped with a permanent stack extending a minimum of two feet above the peak of a roof structure located within 150 feet of an OWB and no less than 18 feet above grade effective October 1, 2011. Based upon location-specific factors such as terrain, etc., the permanent stack may need to be higher than the minimum requirements in order to avoid creating nuisance conditions. There may be situations where extending the stack height may not be sufficient to remediate nuisance conditions.
All existing outdoor wood boilers must be replaced with a new outdoor wood boiler meeting the requirements of this Part or must be permanently removed from service within ten years of the commence operation date or August 31, 2020, whichever is earlier. In cases where an existing OWB commenced operation prior to September 1, 2005 or an owner cannot provide sufficient documentation (e.g., purchase or installation contracts) regarding the date their OWB commenced operation, the affected existing OWB must be replaced with a new OWB or removed from service no later than August 31, 2015.
Existing OWBs located in the Northern Heating Zone may not be used during the period of May 15 through August 31 of each year. Elsewhere in the state, existing OWBs may not be used during the period of April 15 through September 30 of each year. Some OWBs are used during late-spring and summer to provide hot water and heat swimming pools. These OWBs operate at very low burn rates and smolder most of the time. The emissions from OWBs do not disperse well during long hot spells when the air is calm (air stagnation periods). Further, people spend time outside during summer months and smoke from one's OWB can prevent their neighbors from enjoying outdoor activities. An existing OWB that meets a 500-foot setback (as defined in paragraphs 247.10(b)(2) and (3)) or meets a 100-foot setback and is a model certified by the Department pursuant to Part 247, may operate year-round provided the operation of such OWB does not cause a nuisance condition.
The term ‘Northern Heating Zone' is defined in Section 247.2 as the area including the counties of Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Oneida, Oswego, St. Lawrence, Saratoga, Warren and Washington. These counties lie along or north of the southern boundary (and similar latitude) of the Adirondack State Park. The Department chose to delineate the Northern Heating Zone along county boundaries in order to make regulatory determination easier for the public. This area not only includes the northernmost region of the State but also the highest elevations in the State. People living in this region need to operate their furnaces for longer periods each year than those living elsewhere in the State. This is evident by comparing heating degree days data for the Northern Heating Zone versus Albany and Syracuse which lie south of the Adirondack State Park (see Figure 1 in Appendix in this issue of the State Register).
Figure 1. Comparison of Monthly Heating Degree Days: Adirondacks vs. Albany/Syracuse7
A heating degree day is an indicator of the demand for energy to heat a home or business. For a given location each day, the number of heating degree days is determined by subtracting the average daily temperature from a baseline temperature of 65 degrees Fahrenheit.8 For example, if the average daily temperature at a location was 15 degrees Fahrenheit, then 50 heating degree days would be recorded for that day. When comparing the data for two or more regions, the region with the higher number of heating degree days during a period of time was the colder region and thus the region with the higher energy demand per household. The data shown on Figure 1 for the Adirondack stations represent the combined average monthly heating degree days recorded for three locations: Saranac Lake, Long Lake and Chestertown during the period of June 2006 through June 2009. On average during the months of May and September, the Adirondack stations recorded 50 percent additional heating degree days than the combined average recorded for the Albany and Syracuse stations. Therefore, in the opinion of the Department, existing OWBs located in the Northern Heating Zone should be allowed to operate for a longer period of time than those located elsewhere in the State.
COSTS
All OWBs must be equipped with a permanent stack extending at least 18 feet above ground level. Stack extensions will need to be installed on most OWBs. The estimated cost for stack extensions is $200 for each four foot section.9 A typical cost for extending an OWB stack is expected to be $600 but could be more if a stack needs to be higher than 18 feet high in order to extend two feet above a roofline within 150 feet of the OWB or to avoid creating a nuisance condition or both.
Owners of existing OWBs subject to the seasonal prohibition provision (Section 247.10(b)) will need to purchase a hot water heater if they were relying solely on the OWB for domestic hot water and have either built their house without another hot water source or have removed the hot water heater that was in use prior to the installation of the OWB. The capital costs to affected homeowners are expected to range from $300 to $350 for an electric heater and $500 to $600 for a natural gas-fired heater.10 The monthly operating costs are expected to range from $25 to $45.11 High efficiency electric heat pump water heaters are estimated to cost three times more than a conventional electric hot water heater with a long-term savings due to lower operating costs.12 Further, homeowners purchasing high efficiency water heaters may be eligible for tax incentives from the American Recovery and Reinvestment Act of 200913 as well as utility rebates from New York's Energy Efficiency Portfolio Standard (www.dps.state.ny.us/Phase2_Case_07-M-0548.html).
MINIMIZING ADVERSE IMPACTS
The Department considered proposing setback requirements for existing OWBs which would have taken effect a couple of years after the effective date of Part 247. This alternative was rejected for the following reasons:
a. The vast majority of existing OWBs are operated properly and do not pose nuisance conditions for neighbors. It would not be fair to establish setback requirements that would force OWB owners who are not creating nuisance conditions to replace their OWB before the end of the useful life of their OWBs and at significant expense.
b. With the high cost of fuel oil, many homeowners have recently invested in OWBs in order to keep winter heating costs at manageable levels. These homeowners should be given an opportunity to obtain a sufficient return on their investment as long as nuisance conditions are not created.
It is the Department's position that the provisions of Part 247 (i.e., seasonal prohibition and nuisance provisions) are sufficient to resolve situations where the operation of an existing OWB causes adverse impacts to a neighbor(s). In the event that these provisions are not sufficiently protective of public health and the environment, the Department may reconsider the need for setback requirements for existing OWBs.
RURAL AREA PARTICIPATION
The Department conducted a stakeholder meeting on November 29, 2007. Among the stakeholders that attended were representatives of the New York Farm Bureau and the Empire State Forest Products Association. In addition, the Department will hold public hearings on Part 247 throughout the state and will notify interested parties of this proposed rulemaking.
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1 The New York State Department of Health, the Office of the Attorney General and municipal governments have received complaints regarding smoke emanating from OWBs.
2 "Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State," Judith Schreiber et. al., p. 4 (Oct. 2005).
3 The term ‘clean wood’ is defined in Part 247 as wood that has not been painted, stained or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.
4 The Department may approve the use of additional fuels on a model-by-model basis if data becomes available showing that the emission limits set forth in Part 247 can be met.
5 See Section 247.3(b) for the complete list of prohibited fuels. This list should not be considered the complete list of prohibited fuels since any fuel not authorized under Section 247.4 (Approved Fuels) will be considered to be a prohibited fuel.
6 A discussion regarding Test Method 28-OWHH and the burn categories is presented in the “Regulatory Impact Statement” for this rulemaking.
7 Source: www.degreedays.net. Data obtained July 3, 2009.
13 A new water heater must be installed prior to December 31, 2009.(H.R. 1-208, Section 1121).
Job Impact Statement
The purpose of Part 247 is to establish regulatory requirements for outdoor wood boilers (OWBs), most of which are not subject to any current federal or state regulations. These sources may currently be subject to municipal ordinances which have been adopted in some areas due to the lack of federal or state regulations. These ordinances were generally adopted to address complaints received by municipal governments from residents living in the vicinity of OWBs. The Department anticipates that the state-wide standards for OWBs contained in Part 247 will provide support and consistency to local governments that have been struggling with this issue.
The Department is proposing to establish particulate emission limits for new OWBs (units commencing operation on or after April 15, 2011). Siting, stack height and operational requirements are incorporated into the proposed rule. The process by which manufacturers may apply to certify their OWB models for sale in New York is set forth in the proposed rule. The requirements that will apply to distributors1 are also set forth in the proposed rule. Finally, the Department is proposing stack height and operational requirements for existing OWBs (units that commenced operation prior to April 15, 2011).
NATURE OF IMPACT
Most OWB manufacturers will need to redesign their models in order to comply with the particulate matter emission standards set forth in Sections 247.5 and 247.6. In the opinion of the Department, the technology exists for manufacturers to develop compliant OWB models.2 Manufacturers that develop model lines that meet the particulate emission standards for new OWBs will be able to compete in the New York market after the new requirements take effect on April 15, 2011. Manufacturers that do not develop model lines that meet the particulate emission standards for new OWBs will not be able to compete in the New York market.
Distributors working with manufacturers that develop models certified under Part 247 will be able to continue doing business in New York after April 15, 2011, so long as they only sell models that comply with Part 247.
CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED
The jobs and employment opportunities affected by this rulemaking are those associated with manufacturers and distributors of OWBs in New York. There are more than 20 OWB manufacturers in the United States and Canada.3 The number of distributors in New York is not known. The Department anticipates that the net effect on employment opportunities will be small since the technology needed to meet the particulate emission limits existed as of May 2008.
REGIONS OF ADVERSE IMPACT
Part 247 will apply state-wide. All OWB manufacturers and distributors in New York will be required to comply with the proposed regulations, if adopted.
MINIMIZING ADVERSE IMPACT
The proposed particulate emission limits for new OWBs can be met with current technology.
SELF-EMPLOYMENT OPPORTUNITIES
The net effect on business opportunities for self-employment (distributors or OWB installers) is expected to be small because OWBs may continue to be sold and installed in New York under the proposed regulations after April 15, 2011, so long as the OWBs meet the requirements of this proposal.
1 The term ‘distributor’ is defined in Part 247 as any person who sells or leases new OWBs to end users.
2 As of December 2, 2009, there are ten models which may meet the proposed particulate matter limits for new residential OWBs. The Department has not reviewed the test reports prepared by the independent test laboratories and other documentation for these models. The United States Environmental Protection Agency (EPA) has reviewed the test reports and determined that these model meet the requirements of the EPA’s Outdoor Wood-fired Hydronic Heaters Program (see www.epa.gov/woodheaters/models.htm).
3 Schreiber, Judith, et. al., “Smoke Gets in Your Lungs: Outdoor Wood Boilers in New York State”, October 2005, pages 31-32.
