§ 123.14. Outdoor wood-fired boilers.
(a) Applicability. Beginning on October 2, 2010, this section applies to the following:
(1) A person, manufacturer, supplier or distributor who sells, offers for sale, leases or distributes an outdoor wood-fired boiler for use in this Commonwealth.
(2) A person who installs an outdoor wood-fired boiler in this Commonwealth.
(3) A person who purchases, receives, leases, owns, uses or operates an outdoor wood-fired boiler in this Commonwealth.
(b) Exemptions.
(1) This section does not apply to a person, manufacturer, supplier or distributor who sells, offers for sale, leases or distributes in this Commonwealth a non-Phase 2 outdoor wood-fired boiler if the person, manufacturer, supplier or distributor demonstrates the non-Phase 2 outdoor wood-fired boiler is intended for shipment and use outside of this Commonwealth.
(2) Subsections (c), (d) and (e) do not apply to a permanently installed outdoor wood-fired boiler that was installed prior to October 2, 2010, and is transferred to a new owner as a result of a real estate transaction.
(3) A person may not sell, offer for sale, distribute or lease a non-Phase 2 outdoor wood-fired boiler in this Commonwealth unless the outdoor wood-fired boiler was manufactured, distributed, purchased or leased and received in this Commonwealth before May 31, 2011.
(i) This exemption shall remain in effect until May 31, 2011.
(ii) A non-Phase 2 outdoor wood-fired boiler purchased during the sell-through period must meet the following requirements:
(A) Be installed a minimum of 150 feet from the nearest property line.
(B) Have a permanently attached stack that meets the following requirements:
(I) Extends a minimum of 10 feet above the ground.
(II) Is installed according to the manufacturer’s specifications.
(c) Phase 2 outdoor wood-fired boiler. Except as provided under subsection (b):
(1) A person may not sell, offer for sale, distribute or install an outdoor wood-fired boiler for use in this Commonwealth unless it is a Phase 2 outdoor wood-fired boiler.
(2) A person may not purchase, lease or receive an outdoor wood-fired boiler for use in this Commonwealth unless it is a Phase 2 outdoor wood-fired boiler.
(d) Setback requirements for new Phase 2 outdoor wood-fired boilers. A person may not install a new Phase 2 outdoor wood-fired boiler in this Commonwealth unless the boiler is installed a minimum of 50 feet from the nearest property line.
(e) Stack height requirements for new Phase 2 outdoor wood-fired boilers. A person may not install, use or operate a new Phase 2 outdoor wood-fired boiler in this Commonwealth unless the boiler has a permanently attached stack. The stack must meet both of the following requirements:
(1) Extend a minimum of 10 feet above the ground.
(2) Be installed according to the manufacturer’s specifications.
(f) Allowed fuels. A person that owns, leases, uses or operates an outdoor wood-fired boiler in this Commonwealth shall use only one or more of the following fuels:
(1) Clean wood.
(2) Wood pellets made from clean wood.
(3) Home heating oil, natural gas or propane that:
(i) Complies with all applicable sulfur limits.
(ii) Is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.
(4) Other types of fuel approved in writing by the Department upon receipt of a written request.
(g) Prohibited fuels. A person who owns, leases, uses or operates an outdoor wood-fired boiler in this Commonwealth may not burn a fuel or material in that outdoor wood-fired boiler other than those fuels listed under subsection (f).
(h) Applicable laws and regulatory requirements. A person may not use or operate an outdoor wood-fired boiler in this Commonwealth unless it complies with applicable Commonwealth, county and local laws and regulations adopted thereunder.
Authority The provisions of this § 123.14 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1).
Source The provisions of this § 123.14 adopted October 1, 2010, effective October 2, 2010, 40 Pa.B. 5571.
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions).
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