As we reported earlier today, the New York State Department of Environmental Conservation will be sending some new regulations for outdoor wood boilers (OWBs) to the state's Environmental Board for a vote on Wednesday.
This afternoon, the DEC published a summary of what the Board will be considering on its website. It turns out that despite earlier statements from a DEC spokeswoman that the new regs will only affect new OWBs, there are a few rules in there that will apply to all OWBs, including those that are already puffing away in your backyard.
One provision of the proposed OWB regs that applies to existing OWBs is a list of what can and cannot be burned in an outdoor wood boiler. The rules would outlaw anything except "clean wood" as an OWB's main fuel, and specifically prohibit the burning of garbage, yard waste, and animal carcasses:
Seasoned clean wood may be burned in a OWB. 'Clean wood' is defined in section 247.2 as wood that has not been painted, stained, or treated with a coating, glue or preservative. In addition, natural gas and heating oil that meets the sulfur content limits set forth in Subpart 225-1, and non-glossy, non-colored papers, including newspaper, may be used as starter fuels. The Department may approve additional fuels for specific models of new OWBs provided that the models have been tested via United States Environmental Protection Agency (EPA) Test Method 28-OWHH with the fuels in question. A list of prohibited fuels is contained in subdivision 247.3(b). The list of prohibited fuels includes, but is not limited to, garbage, yard waste, household chemicals and animal carcasses.
Another provision of the proposed regs that affects existing wood boilers is a prohibition on "the operation of any OWB in such a manner as to cause or allow emissions from such OWB that are injurious to human, plant or animal life or which unreasonably interfere with the comfortable enjoyment of life or property." The reg gives examples of this kind of use, specifically:
- activating smoke detectors in neighboring structures;
- impairing visibility on a public highway; or
- causing a visible plume migrating from an OWB and contacting a building on an adjacent property.
There's a third provision of the proposed rules that applies to existing OWBs as well: they prohibit boilers from producing a "smoke plume with an opacity of 20 percent or greater (six minute mean) as determined via EPA Reference Method 9 (or equivalent)."
These proposed rules for existing OWBs aren't particularly controversial. Maybe the DEC is gambling that OWB fans won't be able to rally a bunch of supporters two days before Christmas to defend their right to burn garbage and puff smoke onto their neighbors' buildings. But OWB supporters have surprised the DEC before, and the department isn't doing itself any favors by appearing to renege on a promise to get more public comment before making rules about existing OWBs.
