Buckley Rumford Fireplaces
New Southern California Rules

South Coast Air Quality Management District

How it really works - read first
AQMD website
Adopted Rule 445
Geographic Area Generally all of Orange County and the non-desert portions of Los Angeles, Riverside and San Bernardino Counties

Rule 445 Approved March 7, 2008 (pdf)
Staff Report (pdf)
Proposed Rules (pdf)
Proposed placeholder for fireplaces
Re-building Existing Fireplaces - letter

LA Times article about proposed fireplace regulation

Email Correspondence - most recent first

Date: 3/11/09
To: "Michael Laybourn"
From: Jim Buckley
Subject: City of Los Angeles regulations
Cc: "Tracy Goss"

Mike,

Thank you, Mike. That's pretty clear.

In answer to your comment:

    Subparagraph (d)(2)(D) [copied below] allows for the installation of a fireplace that meets the wood stove standards in existing developments but I'm not sure if this is what you are talking about.... I am not aware of any plans to amend the rule.
In 2007 we had talked about a "place holder" for the emerging ASTM E2558 fireplace emissions standard. Here is your email message dated May 1, 2007.

When the EPA finally announces their "Voluntary Low Emission Fireplace Program" we would like to revisit this issue - at least in "existing developments".

Best,
Jim Buckley
Chair ASTM E06.54.07

***************

Subject: City of Los Angeles regulations
Date: Wed, 11 Mar 2009
From: "Michael Laybourn"
To: "Jim Buckley"
Cc: "Tracy Goss"

Hello Mr. Buckley:

Responses to the individual questions are below

-----Original Message-----
From: Jim Buckley [mailto:buckley@rumford.com]
Sent: Tuesday, March 10, 2009 4:07 PM
To: Michael Laybourn
Subject: RE: City of Los Angeles regulations

Mike,

Thanks for the response and clarification, Mike. I didn't understand how restrictive Rule 445 was. Where it states "Notwithstanding the requirements of paragraph (d)(1) ..." and goes on to list pellet stoves, masonry heaters, EPA certified stoves, etc. I didn't read that as excluding all wood-burning appliances in all new construction.

    The paragraph (d)(1) provisions are for new developments and the paragraph (d)(2) provisions are for existing developments.
What does "new development" mean - all new construction?
    There is a definition for new developments in paragraph (c)(9).
Are you are saying that no solid-fuel appliances - even pellet stoves - are allowed in new construction?
    Only gaseous-fueled devices are allowed in new developments unless there is no natural gas service or the development is above 3,000 feet in elevation. Refer to paragraph (f)(2) of the attached rule.
Can a new house be built in an "existing development"?
    No it would be considered new.
What are the geographic boundaries of the SCAQMD?
    The Rule is applicable to the South Coast Air Basin portion of the SCAQMD. Generally speaking this area is all of Orange County and the non-desert portions of Los Angeles, Riverside and San Bernardino Counties. This map outlines the border of the South Coast Air Basin. http://www.aqmd.gov/map/MapAQMD1.pdf
When we first talked, you had a place holder for the new ASTM E2558 fireplace emissions standard. Will Rule 445 be amended to allow fireplaces that meet that standard once the EPA has recognized E2558 as a "voluntary standard"?
    Subparagraph (d)(2)(D) [copied below] allows for the installation of a fireplace that meets the wood stove standards in existing developments but I'm not sure if this is what you are talking about.

    I am not aware of any plans to amend the rule.

Best,
Jim Buckley

****************

Jim,

Thank you for copying me on this e-mail. [to an architect requesting information - not included] The Rule 445 standards for new and existing (remodels, renovations, etc.) developments are now effective. Below are links that explain the various rule provisions. Essentially for new developments only dedicated gaseous-fueled fireplaces are allowed. For existing developments (i.e., remodels) a wood burning fireplace is allowed but it has to be EPA Phase II certified. Please let us know if you have any questions or need additional information.

Mike

Fact Sheet
http://www.aqmd.gov/pubinfo/PDF/R445-Fact_Sheet_April_08.pdf

General information
http://www.aqmd.gov/rules/doc/r445/General_FAQ.pdf

Detailed information for Builders and Local Governments
http://www.aqmd.gov/rules/doc/r445/Builders_FAQ.pdf

Copy of Adopted Rule
http://www.aqmd.gov/rules/reg/reg04/r445.pdf


Spring, 2008
Michael Laybourn
Planning, Rule Development and Area Sources
SCAQMD
21865 Copley Drive
Diamond Bar CA 91765
Phone: 909-396-3066
E-mail: mlaybourn@aqmd.gov

Michael,

Thank you very much for the time you took answering my questions and listening to my concerns about the proposed new Rule 445 that would regulate wood-fired masonry fireplaces.

I'm glad to know that you are aware of the efforts to develop ASTM emissions standards for masonry fireplaces, manufactured "low mass" fireplaces, masonry heaters and hydronic heaters. As chair of the masonry fireplace task group, I will add you to our task group mailing list so you can see what we are doing and also so you can see who else is involved. Other task group members, even if they don't all attend, include leaders in the masonry industry, the hearth products industry, other task group members and several EPA regulators.

In exchange I would appreciate it if you would add me to your discussion group list so that I might have the opportunity to be involved or attend future meetings.

Finally, to bring you up to speed on our masonry fireplace testing, our funding proposal to the Council of Masonry Research is on line at http://www.rumford.com/emissions/CMRproposal.html and you might be interested in the section on our website at http://www.rumford.com/emissions/ASTMstd.html where we are documenting the construction of two masonry fireplaces that we will begin testing at OMNI in Portland OR on March 5. Your comments are welcome and, in fact, you are welcome to come to observe the testing.

We are all for an open process leading to clear standards and fair rules. I think the ASTM standards will be much better standards than the much argued over standards that have to date been offered as "equivalent" to the EPA stove standard. I hope the new Rule 445 will have a "place holder", as you called it, for the new ASTM standards and, in the meanwhile permit masonry fireplaces that meet the Colorado or Washington standards for fireplaces and masonry heaters that are "equivalent" to the EPA stove standards as shown by testing in an EPA certified test lab.

Again, thanks and let's keep in touch.

Best,
Jim Buckley


Subject: RE: Advanced Notice of Future Meetings Regarding Proposed Rule 445 - Wood Burning Appliances
Date: Thu, 1 Mar 2007
Thread-Topic: Advanced Notice of Future Meetings Regarding Proposed Rule 445 - Wood Burning Appliances
From: "Michael Laybourn"
To: "Jim Buckley"

Dear Colleague:

We appreciate the input we have received on Proposed Rule 445 – Wood Burning Appliances. Your input is valuable to us. This notice is to inform you that staff anticipates that the Governing Board will approve staff’s recommendation to set the Public Hearing regarding Proposed Rule 445 for May 4, 2007. In addition, this message is to let you know in advance that we have scheduled two future meetings regarding the staff proposal. Please mark your calendars as follows:

    Working Group Meeting
    Tuesday, March 20, 2007 at 1:00 p.m.
    AQMD Headquarters in Diamond Bar
    Conference Room CC-2

    Public Consultation Meeting & Web-Cast
    Wednesday, March 21, 2007 at 5:00 p.m.
    AQMD Headquarters in Diamond Bar
    Auditorium
    Web Address to be announced

You will receive future notification regarding the meeting specifics (i.e. agenda and revised rule) via email, including the web-link to the Web-Cast. Please pass this message along to anyone else you feel might be interested.

If you have any questions, please contact Michael Laybourn at (909) 396-3066 or Tracy Goss at (909) 396-3106.

Thank You,

Lee Lockie, MS
Director, Area Sources
South Coast Air Quality Management District
21865 Copley Drive
Diamond Bar, CA  91765
Ph: (909) 396-2390
Fax: (909) 396-3324
Email: llockie@aqmd.gov

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