25 Pa. Code § 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.
Notes
The provisions of this § 123.14 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1).
This section cited in 25 Pa. Code § 121.1 (relating to definitions).
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