(1) Any programs adopted by the Environmental Quality Commission to curtail residential wood heating during periods of air stagnation shall provide for two stages of curtailment based on the severity of projected air quality conditions. Except as provided in subsection (2) of this section, the programs shall apply to all woodburning fireplaces, woodstoves and appliances. The programs shall provide that woodstoves that were certified for sale as new on or after July 1, 1986, under ORS 468A.480 (1) shall be curtailed only at the second stage to insure attainment of air quality standards.
(2) Programs adopted by the commission to curtail residential wood heating shall not apply to:
(a) A person who is classified at less than or equal to 125 percent of poverty level pursuant to federal poverty income guidelines adopted under the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35);
(b) A person whose residence is equipped only with wood heating until such time as funding becomes available for replacement or woodstoves that were not certified under ORS 468A.480 for sale as new on or after July 1, 1986, and for the period of time between application for such funds and completion of the replacement; and
(c) Wood burning pellet stoves.
(3) If a local government or regional authority has not adopted or is not adequately implementing the required curtailment program, the Environmental Quality Commission may adopt by rule and the Department of Environmental Quality may operate and enforce a program to curtail residential wood heating during periods of air stagnation as specified in subsection (1) of this section in any area of the state where such a program is required under the Clean Air Act. The department shall suspend operation and enforcement of a program adopted under this subsection upon a determination by the department that the local government or regional air quality authority has adopted and is adequately implementing the required curtailment program.
(4) Except as provided in this section, after September 29, 1991, the commission shall not adopt or make more stringent any additional regulatory programs affecting residential wood heating unless the air quality standard for PM10 established by the commission under ORS 468A.025 has not been attained in the state by the latest date, considering extensions, allowed under the Clean Air Act. Nothing in this section shall be construed to affect regulatory programs in effect on September 29, 1991. [1991 c.752 §11]
Section: Previous 468A.480 468A.485 468A.490 468A.495 468A.500 468A.505 468A.510 468A.515 468A.520 468A.550 468A.555 468A.560 468A.565 468A.570 468A.575 NextLast modified: August 7, 2008