Bill Text: PA HB2596 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for the regulation of outdoor wood-fired boilers; requiring certain notices to buyers and lessees of outdoor wood-fired boilers; and providing for enforcement by the Department of Environmental Protection.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2010-06-22 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB2596 Detail]

Download: Pennsylvania-2009-HB2596-Introduced.html

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PRINTER'S NO. 3949
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2596 Session of2010
INTRODUCED BY MURT, CALTAGIRONE AND VITALI, JUNE 22, 2010
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 22, 2010
AN ACT
Providing for the regulation of outdoor wood-fired boilers;
requiring certain notices to buyers and lessees of outdoor
wood-fired boilers; and providing for enforcement by the
Department of Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Outdoor Wood-Fired Boiler Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"BTU" or "British thermal unit." The amount of thermal
energy necessary to raise the temperature of one pound of pure
liquid water 1° F at the temperature at which water has its
greatest density (39° F).
"Clean wood." The term includes the following:
(1) Wood that contains no paint, stains or other types
of coatings.
(2) Wood that has not been treated with preservatives,
including, but not limited to, copper, chromium arsenate,
creosote or pentachlorophenol.
"Department." The Department of Environmental Protection of
the Commonwealth.
"EPA." United States Environmental Protection Agency.
"Outdoor wood-fired boiler." An outdoor wood-fired furnace,
outdoor wood-burning appliance, outdoor hydronic heater, outdoor
water stove or other fuel-burning device that is designed to
burn, or is capable of burning, clean wood or other fuels in
outdoor installations or in structures not normally intended for
habitation by humans or domestic animals, including structures
like garages and sheds, for the purpose of space or water
heating, or both.
"Person." An individual, public or private corporation for
profit or not-for-profit, association, partnership, firm, trust,
estate, department, board, bureau or agency of the Federal
Government or State government, political subdivision,
municipality, district, authority or any other legal entity
recognized by law as the subject of rights and duties.
"Phase 2 outdoor wood-fired boiler." An outdoor wood-fired
boiler that has been certified or qualified by the United States
Environmental Protection Agency as meeting a particulate matter
emission limit of 0.32 pounds per million BTUs output and is
labeled accordingly.
"Stack." A vertical structure that encloses a flue that
carries off smoke or exhaust from a furnace. The term includes,
but is not limited to, the part of a structure that extends
above the roof.
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Section 3. Prohibition.
(a) General rule.--No person shall manufacture, supply,
distribute, lease, install, use, operate or maintain an outdoor
wood-fired boiler that does not comply with the Phase 2 outdoor
wood-fired boiler particulate matter standards in this
Commonwealth unless it is intended for shipment and use outside
this Commonwealth.
(b) Inapplicability.--This act shall not apply to:
(1) grilling or cooking using charcoal, wood, propane or
natural gas in cooking or grilling appliances, stoves,
furnaces, fireplaces or other heating devices within a
building used for human or animal habitation; or
(2) the use of propane, acetylene, natural gas, gasoline
or kerosene in a device intended for heating, construction or
maintenance activities.
Section 4. Setback requirements for Phase 2 outdoor wood-fired
boilers.
A person may not install a Phase 2 outdoor wood-fired boiler
in this Commonwealth unless the boiler is installed a minimum of
150 feet from the nearest property line.
Section 5. Stack height requirements.
(a) Stack height requirements for Phase 2 outdoor wood-fired
boilers.--No person may install, use or operate a Phase 2
outdoor wood-fired boiler in this Commonwealth unless:
(1) The boiler has a permanently attached stack.
(2) The stack extends at least ten feet above the ground
and extends at least two feet above the highest peak of the
highest residence located within 150 feet of the outdoor
wood-fired boiler.
(b) Stack height requirements for existing outdoor wood-
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fired boilers.--No person may use or operate an outdoor wood-
fired boiler that was installed before the effective date of
this section unless:
(1) The boiler has a permanently attached stack.
(2) The stack extends at least ten feet above the ground
and extends at least two feet above the highest peak of the
highest residence located within 500 feet of the outdoor
wood-fired boiler.
If the existing outdoor wood-fired boiler is a Phase 2 outdoor
wood-fired boiler, the requirements of subsection (a) shall
apply.
Section 6. Types of fuels.
(a) Permitted fuels.--A person that owns, leases, uses or
operates a new or existing outdoor wood-fired boiler in this
Commonwealth may use only the following fuels:
(1) Clean wood.
(2) Wood pellets made from clean wood.
(3) Home heating oil, natural gas or propane that
complies with all applicable sulfur limits and is used as a
starter or supplemental fuel for dual-fired outdoor wood-
fired boilers.
(4) Other fuels approved by the department in accordance
with this act.
(b) Prohibited fuels.--No person who owns, leases, uses or
operates an outdoor wood-fired boiler in this Commonwealth may
burn treated or painted wood, furniture, garbage, tires, lawn
clippings or yard waste, material containing plastic or rubber,
waste petroleum products, paints and paint thinners, chemicals,
hazardous waste, coal, glossy colored paper, construction and
demolition debris, plywood, particleboard, salt water driftwood,
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manure, animal carcasses, asphalt products or any fuel or
material in an outdoor wood-fired boiler other than those fuels
listed in subsection (a).
(c) Regulatory requirements.--No person may use or operate
an outdoor wood-fired boiler in this Commonwealth unless it
complies with all applicable regulations and statutes of this
Commonwealth.
Section 7. Prohibition of operation for new and existing
outdoor wood-fired boilers.
No person may use or operate a new or existing outdoor wood-
fired boiler between May 1 and September 30.
Section 8. Written notice.
(a) General rule.--Prior to the execution of a sale or lease
for a new or used outdoor wood-fired boiler, the distributor,
seller or lessor shall provide the prospective buyer or lessee
with a copy of this section and a written notice that includes
the following:
(1) An acknowledgment that the buyer was provided with a
copy of this section.
(2) A written list of the fuels allowed under section
6(a).
(3) A written statement that a person who owns, leases,
uses or operates an outdoor wood-fired boiler in this
Commonwealth may not burn a fuel or material in the outdoor
wood-fired boiler other than those fuels listed under section
6(a).
(4) A written statement that even if the requirements
specified in this section are met, the installation and
operation of the outdoor wood-fired boiler may be subject to:
(i) Other applicable Commonwealth regulations and
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statutes including the regulations and statutes listed
under section 6(c).
(ii) Local regulations or local stack height or
setback requirements that will further limit or prohibit
the use of the purchased or leased outdoor wood-fired
boiler.
(5) A written statement that the stack height and
setback requirements of this act may not be adequate in some
areas of this Commonwealth due to terrain that could render
the operation of the outdoor wood-fired boiler a nuisance or
public health hazard.
(6) The name, address and telephone number of the
distributor, seller or lessor.
(7) The make, model name or number and date of
manufacture of the outdoor wood-fired boiler.
(8) The name, address and telephone number of the buyer
or lessee.
(9) The location where the outdoor wood-fired boiler
will be installed.
(b) Execution of notice.--The written notices required in
subsection (a) must be signed and dated by the buyer or lessee
and the distributor, seller or lessor when the sale or lease of
the outdoor wood-fired boiler is completed.
(c) Recordkeeping requirements.--The distributor, seller or
lessor shall keep records of written notices required under this
section onsite for five years and provide the records to the
department upon request.
Section 9. Enforcement.
The department shall enforce the provisions of this act.
Section 10. Regulations.
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The Environmental Quality Board shall formulate, adopt and
promulgate rules and regulations necessary to implement and
administer this act.
Section 11. Effective date.
This act shall take effect in 60 days.
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