DEC Regulatory Proposal for the Regulation of Outdoor Wood Boilers
(6 NYCRR, Part 247)
Prohibited Fuels in Outdoor Wood Boilers
A person who operates an outdoor wood boiler may only burn the following fuels in wood boiler:
1. seasoned clean wood 2. wood pellets made from clean wood 3. heating, oil, liquid propane or natural gas used as starter fuels for dual fuel-fired outdoor wood boilers 4. non-glossy, non-colored papers, including newspaper used only to start an outdoor wood boiler 5. other fuels approved by the department
Requirments for Existing Outdoor Wood Boilers
By October 1, 2011, all existing outdoor wood boilers shall be equipped with a permanent stack extending a minimum of two feet above the peak of any roof structure located with 150 feet of the outdoor wood boiler and no less than 18 feet above ground level.
Phase out of existing Wood Boilers
An existing wood boiler that commenced operation prior to September 1, 2005 must be replaced with a new outdoor wood boiler meeting new DEC emissions requirements or must be permanently removed from service no later than August 31, 2015
An existing wood boiler that commenced operation between September 1, 2005 and April 14, 2011 must be replaced with a new wood boiler or must be permanently removed from service within ten years of the commence operation date but not later than August 31, 2020
In the event that an owner of an existing wood boiler cannot provide sufficient documentation regarding the "commence operation date" of their existing outdoor wood boiler, such owner must replace their existing outdoor wood boiler with a new outdoor wood boiler meeting the requirements of this Part or must permanently remove the existing outdoor wood boiler from service no later than August 31, 2015
The Department may require the removal of an existing outdoor wood boiler which is subject to an enforcement action in accordance with applicable law
Restrictions on summer use of outdoor wood boilers
No person shall operate an existing outdoor wood boiler in the Northern Heating Zone between May 15 and August 31 of
each year or between April 15 and September 30 of each year elsewhere in the State, except as follows: 1. An existing outdoor wood boiler that is a model certified by the department and sited 100 feet or more from the nearest property boundary line is not subject to this requirement. 2. An existing outdoor wood boiler sited 500 feet or more from the nearest property boundary line and 1000 feet or more from a school is not subject to this subdivision.. 3. An existing outdoor wood boiler located on contiguous agricultural lands larger that five acres and sited 500 feet or more from the nearest residence not served by the existing outdoor wood boiler or 500 feet or more from a property boundary line that is not on agricultural land and 1000 feet or more from a school is not subject to this subdivision.
Definition of "northern heating zone" includes Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis,
Oneida, Oswego, St Lawrence, Saratoga, Warren and Washington counties.
Definition of "agricultural lands" is the land and on-farm buildings, equipment, manure processing and handling
facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a 'commercial horse boarding operation' and 'timer processing'. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
Defined as a wood boiler commencing operation after April 15, 2011
Residential Wood Boiler (<250,000 BTUs)
Commercial Wood Boilers (>250,000 BTUs)
New model wood boilers must receive a certificate of compliance from the DEC showing compliance with new emissions
controls.
A written notice is required to be signed and dated by the buyer and the distributor when the sale of a new outdoor wood
boiler is completed.
The following information shall be included in the completed notice:
- Name and address of the owner or lessee of the new wood boiler - Street address of the location of the outdoor wood boiler above - Name of the manufacturer, model and date of manufacture of the new wood boiler - Height of the peak of the highest roof structure within 150 feet of the new wood boiler - Height of the permanent stack for the new outdoor wood boiler - Distance from the new outdoor wood boiler to the nearest property boundary line
The distributor shall submit the original signed copy of the notice to DEC's regional office within seven days of making \