Sec. 26.11.09.06. Control of Particulate Matter

A. Areas I, II, V, and VI. The following apply in Areas I, II, V, and VI:

(1) Fuel Burning Equipment Constructed Before January 17, 1972. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in the fuel burning equipment erected before January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 1 in Regulation .09 of this chapter.

(2) New Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel or residual oil in any fuel burning equipment erected on or after January 17, 1972, to be discharged into the atmosphere in excess of the amounts shown in Figure 2 in Regulation .09 of this chapter.

(3) Exceptions.

(a) The control officer may grant exceptions to §A(1) of this regulation under the following conditions:

(i) When the application of §A(1), of this regulation, to a residential building housing two or less families creates undue economic hardship on individuals residing in it; or

(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices.

(b) Fuel burning equipment on ships is exempt from the provisions of this regulation.

(c) The requirements in Figure 1 and Figure 2 in Regulation .09 of this chapter do not apply to fuel-burning equipment burning gas or distillate oil.

B. Areas III and IV. The following apply in Areas III and IV:

(1) Dust-Collector Devices Required.

(a) A person may not cause or permit the combustion of residual fuel oil in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to satisfy the requirements of Table 1 in Regulation .09 of this chapter. This paragraph does not apply to fuel burning equipment where by-product gases or by-product gases in combination with residual fuel oil are burned and where the effluent gases do not contain particulate matter in excess of the requirements of Table 1 (see Regulation .09 of this chapter), as applicable to residual oil burning.

(b) A person may not cause or permit the combustion of solid fuel in fuel burning equipment unless the equipment is fitted with a dust collector which is so designed that it can reasonably be expected to produce sufficient dust particle force, residence time, and particle retention to meet the emission requirements of Table 1 in Regulation .09 of this chapter.

(2) Residual Fuel-Oil-Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of residual fuel oil to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter.

(3) Solid Fuel Burning Equipment. A person may not cause or permit particulate matter caused by the combustion of solid fuel to be discharged into the atmosphere in excess of the amounts shown in Table 1 in Regulation .09 of this chapter.

(4) Gas or Distillate Fuel-Oil-Burning Equipment. The requirements in Table 1 in Regulation .09 of this chapter do not apply to gas or distillate oil fuel-burning equipment.

(5) Rotary Cup Burners. A person may not cause or permit the operation of a rotary cup burner on fuel-oil burning equipment having a maximum rated heat input of 13.0 million BTU (13.7 gigajoules) per hour or less, unless the fuel burning equipment operates on less than 60 days per calendar year.

(6) Exceptions.

(a) Fuel burning equipment burning gas with an interruptible gas service is exempt from the provisions of §B(1) and (2) of this regulation.

(b) Fuel oil burning equipment which has been fitted with a dust collector or for which a dust collector contract has been let before July 1, 1974, is exempt from the provisions of §B(5) of this regulation.

(c) The control officer may grant exceptions to §B(3) and (4) of this regulation under the following conditions:

(i) When the application of either requirement to a residential building housing two or less families creates undue economic hardship on individual families residing there; or

(ii) When the equipment's primary way of transferring heat is by the radiant method rather than a piped fluid system such as forced hot air, hydronic, or steam. Equipment in this category would include stoves, room heaters, floor or wall mounted circulating heaters, fireplaces, or similar devices.

(d) Fuel burning equipment on ships is exempt from the provisions of this regulation.

C. Determination of Compliance. Compliance with the particulate matter emissions standards in this regulation shall be calculated as the average of 3 test runs using EPA Test Method 5 or other United States Environmental Protection Agency test method approved by the Department.

D. Small Wood Boilers and Biomass Fuel-Burning Equipment.

(1) Small wood boilers are exempt from the provisions of §§A and B of this regulation.

(2) The provisions of §§A and B of this regulation shall not apply to fuel-burning equipment installed after May 1, 2014 that burns only biomass fuels; however, the particulate matter requirements of Regulation .12 of this chapter apply.