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 096-150-4 - General Provisions and Requirements For All Outdoor Wood Boilers and Outdoor Pellet Boilers

Universal Citation: 06 ME Code Rules ยง 096-150-4

Current through 2024-38, September 18, 2024

A. Prohibited fuels. No person shall burn any of the following items in an outdoor wood boiler:

(1) any wood that does not meet the definition of clean wood;

(2) garbage;

(3) tires;

(4) lawn clippings or yard waste;

(5) materials containing plastic;

(6) materials containing rubber;

(7) waste petroleum products;

(8) paints and paint thinners;

(9) chemicals;

(10) glossy or colored papers;

(11) construction and demolition debris;

(12) plywood;

(13) particleboard;

(14) salt water driftwood and other previously salt-water saturated materials;

(15) manure;

(16) animal carcasses;

(17) asphalt products;

(18) materials containing asbestos;

(19) materials containing lead, mercury, or other heavy or toxic metals; and

(20) coal, unless the outdoor wood boiler is specifically designed to burn coal.

B. Fuel Requirements

(1) No person that operates an outdoor wood boiler shall use a fuel other than the following:
(a) Clean wood;

(b) Wood pellets made from clean wood;

(c) Home heating oil in compliance with the applicable sulfur content limit, propane or natural gas may be used as starter or supplemental fuels for dual-fired outdoor wood boilers; and

(d) Other fuels as approved by the Department.

(2) No person that operates an outdoor pellet boiler shall use a fuel other than the following:
(a) Wood pellets made from clean wood;

(b) Corn; and

(c) Other fuels as approved by the Department.

C. Visible Emission Standard. No person shall cause or allow the emission of a smoke plume from any outdoor wood boiler or outdoor pellet boiler to exceed an average of 30 percent opacity on a six minute block average basis, except for no more than two six minute block averages in a 3-hour period. Opacity under this subsection shall be determined pursuant to EPA Method 9 Visual Determination of the Opacity of Emissions from Stationary Sources ( 40CFR60, Appendix A).

D. Enforcement and Preemption. This rule is subject to enforcement pursuant to 38 MRSA §347-A. Nothing in Chapter 150 may be construed as pre-empting any otherwise applicable, statute, regulation, local ordinance or otherwise applicable private common law cause of action.

E. Notice to Buyers

(1) No outdoor wood boiler or outdoor pellet boiler subject to the requirements of this Chapter shall be offered, sold, offered for retail sale, or leased within the State of Maine unless prior to any sales or lease agreement, the seller or dealer provides the prospective buyer or lessee with a copy of this Chapter and a written notice that:
(a) It is unlawful to burn garbage, treated or painted wood, plastic and plastic products, rubber products, yard waste, lawn clippings, glossy or colored papers, construction and demolition debris, materials containing asbestos, materials containing lead, mercury, or other heavy or toxic metals, plywood, particleboard, salt water driftwood and other previously salt water saturated materials, manure, animal carcasses, asphalt products, coal, unless the outdoor wood boiler is specifically designed to burn coal, waste petroleum products, paints, chemicals or any substance that normally emits dense smoke or obnoxious odors;

(b) Installation of an outdoor wood boiler or outdoor pellet boiler may be subject to other applicable State and local stack height and setback requirements;

(c) The applicable distance and stack height requirements provided in Section 3(B) and 3(C) of this Chapter may not be adequate in some areas due to terrain that could render the operation of an outdoor wood boiler or outdoor pellet boiler to be a nuisance or public health hazard; and

(d) States the specific results of the average and maximum emission rates of particulate matter for the outdoor wood boiler or outdoor pellet in grams per hour per the testing determined in accordance with Section 3(E) of this Chapter and the average delivered heating efficiency as found in the test reports that were used for certification of the units or a statement that the outdoor wood boiler or outdoor pellet boiler has not been tested or certified.

(2) The written notice specified above shall be signed by the buyer or lessee at the time of purchase or lease to indicate receipt of notice. Said notice shall contain the names; addresses; telephone number of both the seller or dealer and the buyer or lessee; the location where the outdoor wood boiler or outdoor pellet boiler will be installed; and the make and model of the outdoor wood boiler or outdoor pellet boiler. The dealer shall keep these records for 5 years and provide them to the Department upon request.

F. Owner's Manual. Each outdoor wood boiler or outdoor pellet boiler offered for sale or lease must be accompanied by an owner's manual that shall contain all the information listed below:

(1) Thermal output capacity;

(2) Proper installation information;

(3) Operation and maintenance information to minimize emissions;

(4) Wood loading procedures, recommendations on wood selection, and warnings on improper fuels;

(5) Fire starting procedures;

(6) Proper use of air flow devices, if applicable;

(7) Ash removal procedures;

(8) For catalytic models, information pertaining to maintaining catalyst performance, maintenance procedures, procedures for determining catalyst failure or deterioration, procedures replacement, and information on warranty rights.

(9) Language stating: Improper use or failure to maintain the outdoor wood boiler or outdoor pellet boiler may cause nuisance conditions. Persons operating this outdoor wood boiler or outdoor pellet boiler are responsible for operation of the outdoor wood boiler or outdoor pellet boiler so as not to cause a nuisance condition. Even proper use and maintenance of the outdoor wood boiler or outdoor pellet boiler, and meeting the distance and stack height recommendations and requirements in State and local regulations may not always be adequate to prevent nuisance conditions in some areas due to terrain or other factors.

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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