Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 150 - CONTROL OF EMISSIONS FROM OUTDOOR WOOD BOILERS
Section 096-150-3 - Requirements for the Sale, Installation and Operation of New Outdoor Wood Boilers and Outdoor Pellet Boilers
Universal Citation: 06 ME Code Rules ยง 096-150-3
Current through 2024-38, September 18, 2024
A. Particulate Matter Emission Standards for Outdoor Wood Boilers
(1) Phase I Particulate Emission Standard for
Outdoor Wood Boilers and Outdoor Pellet Boilers. No person shall distribute or
sell, lease, import, supply or install an outdoor wood boiler after April 1,
2008 or an outdoor pellet boiler after April 1, 2009 unless it has been
certified under Section 3(E) to meet a particulate matter emission limit of
0.60 lbs/MMBtu heat input. Outdoor wood boilers and outdoor pellet boilers
meeting the Phase I limit must be installed according to the applicable setback
and stack height requirements as defined in Section 3(B) and 3(C) of this
Chapter.
(2) Phase II Particulate
Emission Standard for Outdoor Wood Boilers and Outdoor Pellet Boilers. No
person shall distribute or sell, lease, import, supply or install an outdoor
wood boiler or outdoor pellet boiler after April 1, 2010 unless it has been
certified under Section 3(E) to meet a particulate matter emission limit of
0.32 lbs/MMBtu heat output. Outdoor wood boilers and outdoor pellet boilers
meeting the Phase II limit must be installed according to the applicable
setback and stack height requirements as defined in Section 3(B) and 3(C) of
this Chapter.
(3) Voluntary
Technology-forcing Particulate Emission Standard for Outdoor Wood Boilers. An
outdoor wood boiler meeting a particulate matter emission limit of 0.06
lbs/MMBtu heat output is not subject to a setback requirement under this
Chapter as long as it meets the stack height requirements described in Section
3(C)(3) of this Chapter.
B. Setback Requirements for New Outdoor Wood Boilers and Outdoor Pellet Boilers
(1) Outdoor wood boilers and outdoor pellet
boilers with particulate emission limits greater than 0.60 lbs/MMBtu heat input
or with no certification. No person shall install or allow the installation of
any outdoor wood boiler or outdoor pellet boiler that has been certified to
meet a particulate emission limit greater than 0.60 lbs/MMBtu heat input or has
no certification, determined in accordance with Section 3(E) of this Chapter,
unless the outdoor wood boiler or outdoor pellet boiler is installed at least
250 feet from the nearest property line or at least 270 feet from the nearest
dwelling that is not on the same property as the outdoor wood boiler or outdoor
pellet boiler.
(2) Outdoor wood
boilers and outdoor pellet boilers certified to meet particulate emission
limits of 0.60 lbs/MMBtu heat input. No person shall install or allow the
installation of any outdoor wood boiler or outdoor pellet boiler that has been
certified to meet a particulate matter emission limit of 0.60 lbs/MMBtu heat
input, determined in accordance with Section 3(E) of this Chapter, unless the
outdoor wood boiler or outdoor pellet boiler is installed at least 100 feet
from the nearest property line or at least 120 feet from the nearest dwelling
that is not on the same property as the outdoor wood boiler or outdoor pellet
boiler.
(3) Outdoor wood boilers
and outdoor pellet boilers certified to meet particulate emission limits of
0.32 lbs/MMBtu heat output. No person shall install or allow the installation
of any outdoor wood boiler or outdoor pellet boiler that has been certified to
meet a particulate matter emission limit of 0.32 lbs/MMBtu heat output,
determined in accordance with Section 3(E) of this Chapter, unless the outdoor
wood boiler or outdoor pellet boiler is installed at least 50 feet from the
nearest property line or at least 70 feet from the nearest dwelling that is not
on the same property as the outdoor wood boiler or outdoor pellet
boiler.
(4) Outdoor pellet boilers
certified to meet particulate emission limits of 0.06 lbs/MMBtu heat output. No
person shall install or allow the installation of any outdoor pellet boiler
that has been certified to meet a particulate matter emission limit of 0.06
lbs/MMBtu heat output, determined in accordance with Section 3(E) of this
Chapter, unless the outdoor pellet boiler is installed at least 20 feet from
the nearest property line or at least 40 feet from the nearest dwelling that is
not on the same property as the or outdoor pellet boiler.
(5) Outdoor wood boilers that have been
modified to burn pellets. Outdoor wood boilers that have been modified to burn
pellets must meet the applicable setback specified in Section 3(B) of this
Chapter for the original particulate emission limit certification of the
outdoor wood boiler, determined in accordance with Section 3(E) of this
Chapter.
C. Stack Height Requirements for New Outdoor Wood Boilers and Outdoor Pellet Boilers
(1) Outdoor wood boilers and
outdoor pellet boilers certified to meet particulate emissions limits of
greater than 0.60 lbs/MMBtu heat input or with no certification.
(a) No person shall install or allow the
installation of any outdoor wood boiler or outdoor pellet boiler that has been
certified to meet a particulate emission limit of greater than 0.60 lbs/MMBtu
heat input or has no certification, determined in accordance with Section 3(E)
of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler:
(1) has an attached stack with a minimum
stack height of 10 feet above ground level; or
(2) has an attached stack extending two feet
higher than the peak of the roof of the structure being served by the outdoor
wood boiler or outdoor pellet boiler, if an abutting residence is located less
than 500 feet from the outdoor wood boiler or outdoor pellet boiler.
(b) No person shall operate any
outdoor wood boiler or outdoor pellet boiler, installed after the effective
date of this Chapter, that has been certified to meet a particulate emission
limit of greater than 0.60 lbs/MMBtu heat input or with no certification,
determined in accordance with Section 3(E) of this Chapter, if an abutting
residence is located less than 500 feet from the outdoor wood boiler or outdoor
pellet boiler, unless the outdoor wood boiler or outdoor pellet boiler has an
attached stack extending two feet higher than the peak of the roof of the
structure being served by the outdoor wood boiler or outdoor pellet
boiler.
(2) Outdoor wood
boilers and outdoor pellet boilers certified to meet particulate emission
limits of 0.60 lbs/MMBtu heat input.
(a) No
person shall install or allow the installation of any outdoor wood boiler or
outdoor pellet boiler that has been certified to meet a particulate matter
emission limit of 0.60 lbs/MMBtu heat input, determined in accordance with
Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet
boiler:
(1) has an attached stack with a
minimum stack height of 10 feet above ground level; or
(2) has an attached stack extending two feet
higher than the peak of the roof of the structure being served by the outdoor
wood boiler or outdoor pellet boiler, if an abutting residence is located less
than 300 feet from the outdoor wood boiler or outdoor pellet boiler.
(b) No person shall operate any
outdoor wood boiler or outdoor pellet boiler, installed after the effective
date of this Chapter, that has been certified to meet a particulate emission
limit of 0.60 lbs/MMBtu heat input, determined in accordance with Section 3(E)
of this Chapter, if an abutting residence is located less than 300 feet from
the outdoor wood boiler or outdoor pellet boiler, unless the outdoor wood
boiler or outdoor pellet boiler has an attached stack extending two feet higher
than the peak of the roof of the structure being served by the outdoor wood
boiler or outdoor pellet boiler.
(3) Outdoor wood boilers and outdoor pellet
boilers certified to meet particulate emission limits of 0.32 lbs/MMBtu heat
output.
(a) No person shall install or allow
the installation of any outdoor wood boiler or outdoor pellet boiler that has
been certified to meet a particulate matter emission limit of 0.32 lbs/MMBtu
heat output, determined in accordance with Section 3(E) of this Chapter, unless
the outdoor wood boiler or outdoor pellet boiler:
(1) has an attached stack with a minimum
stack height of 10 feet above ground level; or
(2) has an attached stack extending two feet
higher than the peak of the roof of the structure being served by the outdoor
wood boiler or outdoor pellet boiler, if an abutting residence is located less
than 300 feet from the outdoor wood boiler or outdoor pellet boiler.
(b) No person shall operate any
outdoor wood boiler or outdoor pellet boiler, installed after the effective
date of this Chapter, that has been certified to meet a particulate emission
limit of 0.32 lbs/MMBtu heat output, determined in accordance with Section 3(E)
of this Chapter, if an abutting residence is located less than 300 feet from
the outdoor wood boiler or outdoor pellet boiler, unless the outdoor wood
boiler or outdoor pellet boiler has an attached stack extending two feet higher
than the peak of the roof of the structure being served by the outdoor wood
boiler or outdoor pellet boiler.
(4) Outdoor pellet boilers certified to meet
particulate emission limits of 0.06 lbs/MMBtu heat output.
(a) No person shall install or allow the
installation of any outdoor pellet boiler that has been certified to meet a
particulate matter emission limit of 0.06 lbs/MMBtu heat output, determined in
accordance with Section 3(E) of this Chapter, unless the outdoor pellet boiler:
(1) has an attached stack with a minimum
stack height of 10 feet above ground level; or
(2) has an attached stack extending two feet
higher than the peak of the roof of the structure being served by the outdoor
pellet boiler, if an abutting residence is located less than 100 feet from the
outdoor pellet boiler.
(b) No person shall operate any outdoor
pellet boiler, installed after the effective date of this Chapter, that has
been certified to meet a particulate emission limit of 0.06 lbs/MMBtu heat
output, determined in accordance with Section 3(E) of this Chapter, if an
abutting residence is located less than 100 feet from the outdoor pellet
boiler, unless the outdoor pellet boiler has an attached stack extending two
feet higher than the peak of the roof of the structure being served by the
outdoor pellet boiler.
(5) Outdoor wood boilers that have been
modified to burn pellets. Outdoor wood boilers that have been modified to burn
pellets must meet the applicable stack height specified in Section 3(C) of this
Chapter for the original particulate emission limit certification of the
outdoor wood boiler, determined in accordance with Section 3(E) of this
Chapter.
(6) In the case that there
is no structure (e.g. swimming pool or hot tub) being served by an outdoor wood
boiler or outdoor pellet boiler subject to Section 3(C), the owner or operator
of the outdoor wood boiler or outdoor pellet boiler shall extend the stack two
feet higher than the peak of the roof of the nearest building to the outdoor
wood boiler or outdoor pellet boiler.
D. Commercial Outdoor Wood Boiler, Commercial Outdoor Pellet Boiler, Outdoor Wood Boiler or Outdoor Pellet Boiler with a rated thermal output greater than 350,000 Btu/hr Analysis Requirement
(1) Any person intending to
install or operate a commercial outdoor wood boiler, commercial outdoor pellet
boiler, an outdoor wood boiler, or outdoor pellet boiler with a rated thermal
output greater than 350,000 Btu/hr shall obtain an evaluation, report and
installation recommendations performed by a qualified professional, including a
licensed professional engineer or a master solid fuel burner technician, that
includes the following information:
(a) What
type of application will the outdoor wood boiler or outdoor pellet boiler be
used for;
(b) A determination of
the heat load requirements of the facility as compared to the available heat
supply of the outdoor wood boiler or outdoor pellet boiler to ensure the unit
is properly sized;
(c) The stack
location relative to the property lines and building locations within 400 feet
of the outdoor wood boiler or outdoor pellet boiler;
(d) The stack height; and
(e) Recommendations for the proper outdoor
wood boiler or outdoor pellet boiler installation, including but not limited
to, hook-up, auxiliary fuel, properly sized outdoor wood boiler or outdoor
pellet boiler, stack height and stack location.
(2) No person shall install or operate a
commercial outdoor wood boiler, commercial outdoor pellet boiler, outdoor wood
boiler or outdoor pellet boiler with a rated thermal output greater than
350,000 Btu/hr unless it is installed according to the recommendations of the
evaluation report in Section 3(D)(1). In any case, no person shall install or
operate a commercial outdoor wood boiler, commercial outdoor pellet boiler, an
outdoor wood boiler or outdoor pellet boiler with a rated thermal output
greater than 350,000 Btu/hr unless it meets the minimum setback and stack
height requirements stated in Section 3(B) and 3(C) of this Chapter.
E. Certification of Outdoor Wood Boilers and Outdoor Pellet Boilers. No person shall supply, distribute, sell, lease, offer for sale, or allow the installation of an outdoor wood boiler or an outdoor pellet boiler in the State of Maine unless the outdoor wood boiler or outdoor pellet boiler has received certification pursuant to the EPA Outdoor Wood-Fired Hydronic Heater Program. The certification shall demonstrate that the outdoor wood boiler or outdoor pellet boiler meets the applicable particulate emission standard in Section 3(A) of this Chapter. The manufacturer of any such outdoor wood boiler or outdoor pellet boiler shall conduct testing via the EPA Outdoor Wood-Fired Hydronic Heater Phase I Program until EPA replaces the EPA Outdoor Wood-Fired Hydronic Heater Phase I Program with the Environmental Technology Verification Program. The Department may approve an alternative certification program.
F. Sell-through exemption for Outdoor Wood Boilers. No person shall sell or offer for sale any outdoor wood boiler with a particulate emission rate greater than 0.60 lbs/MMBtu heat input as certified in accordance with Section 3(E) of this Chapter unless the outdoor wood boiler was purchased, paid for in full and received in the State of Maine before April 1, 2008 and the outdoor wood boiler meets all of the applicable requirements of this Chapter. Compliance with this Section must be demonstrated by keeping records of the purchase date and receipt date of their inventory as of the effective date of this Chapter. These records shall be kept for at least 5 years and shall be made available to the Department upon request. This exemption is effective until April 1, 2009.
G. Labeling Requirements. New outdoor wood boilers and outdoor pellet boilers shall be labeled in accordance with the labeling requirements of the U.S. Environmental Protection Agency Outdoor Wood-Fired Hydronic Heater Program. Requirements of this program are located at www.epa.gov/woodheaters/index.htm.
H. Rain Cap Prohibition. No person shall operate a new outdoor wood boiler or outdoor pellet boiler using a rain cap unless this device is required by the manufacturer specifications.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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