Division of Air Quality Air Non-Point and Mobile Sources

Exceptions

In 2015 the Environmental Protection Agency (EPA) passed updated rules governing wood-fired heating devices. Many devices that were previously exempted from EPA certification are now required to be certified. Devices that were previously EPA exempt may remain on the property during a real estate transaction provided that the following process is followed, the proper information submitted, and the Division of Air Quality provides written approval that the unit may remain.

The following information must be provided to the Division of Air Quality:

1. Make and model of device including a picture of any applicable label on the device
2. Date installed at residence
3. Proof that device meets emission standards (test results may be found at manufacturer website)
4. Address of residence where the device is installed
5. Confirmation of device registration with ADEC
6. Name and address to send exception letter if granted; include email addresses for electronic copies

After receipt of complete submission, the Division of Air Quality will confirm emission data, and if verified, will respond via letter approving the exception.  Approvals are issued on a case-by-case basis and are site specific.  Please allow up to 1 week for processing.

Temporary Waiver Process

18 AAC 50.077(g) and 18 AAC 50.079(e) allow for temporary waivers. A temporary waiver is envisioned to allow additional time for removal or replacement of the device without adversely impacting the real estate transaction. The Division of Air Quality needs documented information in order to grant a temporary waiver. 18 AAC 50.077(g) and 18 AAC 50.079(e) have three areas that must be considered when making a determination on a waiver request:

1. The financial hardship information provided by the owner or operator
2. The technical feasibility information provided by the owner or operator; and
3. Potential impact to locations with populations sensitive to exposure to PM_2.5; locations include hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers

The following information must be provided to the Division of Air Quality in order for the review of a temporary waiver to proceed:

1. Make and model of device including a description and pictures of the device. Pictures should include any labels or device identification
2. Date installed at residence
3. Address of residence where the device is installed and an attestation that the device location does not adversely impact a sensitive population (see #3 above)
4. Confirmation of device registration with ADEC
5. Financial feasibility information should document proof of hardship. Examples include, but not limited to: proof of public assistance, engineer report and cost estimates, cost quotes, property evaluation, etc.
6. Technical feasibility information should document proof of issue. Examples include, but not limited to; engineer report and time estimates, engineer report on structural issues, order form and delivery/installation date quotes from installers, etc.
7. A temporary waiver will need to have an end date. Please include the date requested for the temporary waiver to expire. Waiver length request should not exceed 6 months