§ 38 §610-B — Outdoor wood boilers

1.
Phase I emission standard.
2.
Phase II emission standard.
A person may not sell or distribute for sale an outdoor wood boiler after April 1, 2010 unless it meets a particulate matter emission limit of 0.32 pounds per million British Thermal Units heat output.
2-A.
Voluntary, technology-forcing emission standard.
An outdoor wood boiler meeting a particulate matter emission limit of 0.06 pounds per million British Thermal Units heat output is not subject to a setback requirement as long as it meets the stack height requirements for an outdoor wood boiler meeting the emission standard in subsection 2 in accordance with rules adopted by the department.
3.
Nuisance condition.
A person may not operate an outdoor wood boiler in a manner that creates a nuisance condition as defined in the department's rules.
4.
Emergency powers.
If the commissioner finds after investigation that an outdoor wood boiler is being operated in a manner that creates a nuisance condition or may create or creates a danger to public health or safety, the commissioner may order the owner or any person operating that outdoor wood boiler to immediately cease or prevent that operation, and the commissioner may take such action as may be necessary to terminate or mitigate the danger or likelihood of danger.
The Department of Environmental Protection shall adopt rules to implement this section. Notwithstanding section 592‑A, the rules must include a definition of "nuisance condition" specifically relating to the operation of outdoor wood boilers. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

PL 2007, c. 442, §2 (NEW). PL 2007, c. 680, §1 (AMD). PL 2009, c. 209, §4 (AMD).