part 247 changes

8/8/2019 Part 247 Changes

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Changes to Part 247 Documents

Express Terms Summary

In ‘General Provisions applicable to all OWBsRevise the text to include the revisions to the definition of “Northern Heating Zone.”

In ‘Requirements applicable to New OWBs’

Revise the text to remove discussion of the requirement of a residential-size new OWB

stack to exceed, by two feet, the peak of any nearby roof structure. This revision includes

text that notes the Department may require that a stack extend to two feet above the peak of

any roof structure within 150 feet when necessary to disperse smoke from the OWB.

In ‘Requirements applicable to New OWBs’

Revise the text to remove discussion of the requirement of a commercial-size new OWBstack to exceed, by two feet, the peak of any nearby roof structure. This revision includes

text that notes the Department may require that a stack extend to two feet above the peak of

any roof structure within 150 feet when necessary to disperse smoke from the OWB.

In ‘Requirements that Apply to Distributors’

Revise the listing of items required on the Notice to remove the requirement to include the

height of the peak of the highest roof structure within 150 feet of the new OWB and re-

letter the list accordingly.

In ‘Requirements applicable to Existing OWBs (Section 247.10)Revise the text to remove discussion of the requirement of an existing OWB stack to

exceed, by two feet, the peak of any nearby roof structure. This revision includes text that

notes the Department may require that a stack extend to two feet above the peak of any roof

structure within 150 feet when necessary to disperse smoke from the OWB.

In ‘Requirements applicable to Existing OWBs (Section 247.10)

Revise the text to remove the discussion of the ten year phase out provisions.

In ‘Requirements applicable to Existing OWBs (Section 247.10)

Revise the discussion of the period of operation for the Northern Heating zone from May

15 to June 1, and revise the period for elsewhere in the state from April 15th

to May 15th

.

Express Terms

Paragraph 247.2(b)(11)



Revised the text to add Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua,

Chemung, Chenango, Columbia, Cortland, Delaware, Erie, Genesee, Greene, Livingston,

Madison, Monroe, Montgomery, Niagara, Onondaga, Ontario, Orleans, Otsego,

Rensselaer, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne,

Wyoming, and Yates counties to the definition of ‘Northern Heating Zone.’

Subdivision 247.5(c)

Revise the text to remove ‘two feet above the peak of any roof structure located within 150

feet of the outdoor wood boiler and no less than’

Subdivision 247.5(c)

Revise the text to add ‘Notwithstanding the foregoing, the Department may require that the

permanent stack extend up to two feet above the peak of any roof structure within 150 feet

of the OWB when necessary to adequately disperse smoke emitted from an outdoor wood

boiler.’

Subdivision 247.6(d)Revise the text to remove ‘two feet above the peak of any roof structure located within 150


Subdivision 247.6(d)




boiler.’

Subdivision 247.8(e)Revise the text to add the word ‘prior’ immediately after upon in the last sentence.


Revise the text to remove ‘(iv) height of the peak of the highest roof structure within 150

feet of the new outdoor wood boiler;’


Revise the text to change subparagraph ‘(v)’ to ‘(iv)’


Revise the text to change subparagraph ‘(vi)’ to ‘(v)’

Subdivision 247.10(a)

Revise the text to remove ‘two feet above the peak of any roof structure located within 150


Subdivision 247.10(a)






boiler.’

Subdivision 247.10Revise the text to remove all language under subdivision (b) as follows:

‘(b) Phase out of existing outdoor wood boilers.

An existing outdoor wood boiler that commenced operation prior to September 1,

2005 must be replaced with a new outdoor wood boiler meeting the requirements of

this Part or must be permanently removed from service no later than August 31,

2015.

An existing outdoor wood boiler that commenced operation between September 1,2005 and April 14, 2011 must be replaced with a new outdoor wood boiler meeting

the requirements of this Part 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 outdoor wood boiler cannot provide

sufficient documentation, to the satisfaction of the Department, 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.

Notwithstanding the provisions set forth above, the Department may require the

removal of an existing outdoor wood boiler which is subject to an enforcement

action in accordance with applicable law.’

Subdivision 247.10

Revise the text to change subdivision ‘(c)’ to ‘(b)’

Subdivision 247.10

Revise the text in new subdivision ‘(b)’ to replace ‘May 15’ with ‘June 1’ and ‘April 15’

with ‘May 15’

Rural Area Flexibility Analysis

In ‘Types and Estimated Number of Rural Areas Affected’

Sentence inserted: “Outdoor wood boilers have become more popular in recent years as a

means to reduce home energy costs. In New York State, OWB sales increased from 606

units in 1999 to an estimated 2,640 units in 2007.” The appropriate citation is also included



in the document.

In ‘Compliance Requirements’ in the ‘New OWBs’ section:

Revise the text removing the first paragraph discussing classifications of New OWBs and

the stack height requirements.

In ‘Compliance Requirements’ in the ‘New OWBs’ section:

Revise the text define the classifications of new OWBs and to discuss removal of the stack

height requirement of two feet above any roof structure within 150 feet of an OWB and the

retention of the 18-foot minimum stack height. This revision includes text that notes the

Department may require that a stack extend to two feet above the peak of any roof structure

within 150 feet when necessary to disperse smoke from the OWB.

In ‘Compliance Requirements’ in the ‘Existing OWBs’ section:

Revise the text define existing OWBs and to discuss removal of the stack height

requirement of two feet above any roof structure within 150 feet of an OWB and theretention of the 18-foot minimum stack height. This revision includes text that notes the

Department may require that a stack extend to two feet above the peak of any roof structure

within 150 feet when necessary to disperse smoke from the OWB.


Revise the text removing the first paragraph discussing existing OWBs and the stack height

requirements.


Revise the text to include a discussion on removal of the stack height requirement of twofeet above any roof structure within 150 feet of an OWB and the retention of the 18-foot

minimum stack height.


Revise the text to include a discussion on the Department’s decision to not finalize the

phase out provisions of the rule.






to May 15th

.


Revise the text to include the new definition of “Northern Heating Zone” including a

discussion of why the change was made.




Revise the text to remove the original definition of “Northern Heating Zone.”


Revise the remove the explanation of heating degree days in the different areas of the state.Include discussion of the mean temperatures at various locations in the state, in order to

define when in the year the seasonal prohibitions apply and why they are necessary.

Language was added to describe the change in heating season length.

In ‘Costs’

Revise the text to remove the language requiring a stack to extend two feet above a roofline

within 150 feet of the OWB.

Regulatory Flexibility Analysis for Small Businesses and Local Governments

In ‘Requirements for Distributors’




In ‘Requirements for Distributors’

Revise the text to include a discussion to explain the list changes described above.

Regulatory Impact Statement

In ‘Needs and Benefits’

Revise the discussion of the purpose of the regulation to affect requirements especially for

new OWBs.

In ‘Needs and Benefits’ in the ‘Current Situation regarding OWBs’ section

Revise the reference to the estimated number of OWB units in service from 1880 in 2004 to

2640 units in 2007, and revise the citation in the footnote accordingly.

In ‘Needs and Benefits’ in the ‘Current Situation regarding OWBs’ section

Revise text discussing “labor” intensive activities to refer to “logistically difficult and

resource” intensive activities.

In ‘Needs and Benefits’ in the ‘Installation factors’ section

Revise the discussion to clearly identify that the setback provisions apply to new OWBs.

In ‘Potential Health Impacts from Exposure to Wood Smoke” in the “PM2.5” section

Revise the text to update the citation references (for the Schrieber resource from October



2005 to March 2008)

In ‘Benefits of the Proposed Rule’ in the ‘1. General Provisions’ section

Revise the text to combine language noting that the provision is intended to facilitate

resolution of complaints received by the Department with language in the subsequent

paragraph.

In ‘Benefits of the Proposed Rule’ in the ‘1. General Provisions’ section

Revise the text to clarify that the provisions are for nuisance and opacity measurement.

In ‘Benefits of the Proposed Rule’ in ‘2. Requirements for New OWBs’

Revise the text to update the citation references (for the Schrieber resource from October

2005 to March 2008)


Clarify that the provision is for new OWBs.


Revise the text to remove discussion of the requirement of an OWB stack to exceed, by two

feet, the peak of any nearby roof structure.


Revise the text to include a discussion on removal of the stack height requirement of two

feet above any roof structure within 150 feet of an OWB and the retention of the 18-foot

minimum stack height. This revision includes text that notes the Department may require

that a stack extend to two feet above the peak of any roof structure within 150 feet whennecessary to disperse smoke from the OWB.

In ‘Benefits of the Proposed Rule’ in ‘4. Requirements that Apply to Distributors’




In ‘Benefits of the Proposed Rule’ in ‘4. Requirements that Apply to Distributors’


In ‘Benefits of the Proposed Rule’ in ‘5. Requirements for Existing OWBs’

Revise the text to include a new ‘Stack Height for Existing OWBs’ discussion.

In ‘Benefits of the Proposed Rule’ in ‘5. Requirements for Existing OWBs’ in ‘Stack

Height for Existing OWBs’

Revise the text to remove all of the language discussing applicability dates and stack height

requirements.





Revise the text to include applicability dates and a new discussion on the retention of the

18-foot minimum stack height. This revision includes text that notes the Department may

require that a stack extend to two feet above the peak of any roof structure within 150 feetwhen necessary to disperse smoke from the OWB.






Height for Existing OWBs’.


In ‘Benefits of the Proposed Rule’ in ‘5. Requirements for Existing OWBs’

Revise the text to include a new heading labeled ‘Seasonal Use Restriction for Existing

OWBs.’

In ‘Benefits of the Proposed Rule’ in ‘5. Requirements for Existing OWBs’ in ‘Seasonal

Use Restrictions for Existing OWBs’

Revise the text to note that provision does not start until after the effective date of the

regulation.





to May 15th

.



Revise the text to include the new definition of “Northern Heating Zone” including a

discussion of why the change was made.



Revise the text to remove the explanation of the need for seasonal prohibition of OWBs.





Revise the text to include language supporting the Department’s determination of applicable

heating season for the “Northern Heating Zone” and rest of state including a presentation of

summary temperature data.


Use Restrictions for Existing OWBs’Revise the text to remove the original definition of “Northern Heating Zone.”



Revise the text to explain the seasonal use provisions.



Revise the text to remove all references to heating degree days including the chart

highlighting monthly heating degree days. Language was added to describe the change inheating season length.



Revise the text to remove all discussion of heating degree days including the Monthly

Heating Degree Days chart.

In ‘Costs’

Revise the text to add language on related costs associated with stack height extensions and

remove discussion of the requirement of an OWB stack to exceed, by two feet, the peak of any nearby roof structure.

In ‘Costs’

Revise the text to replace ‘from’ with ‘such as those offered through’

In ‘Paperwork’

Revise the text to include clarifying language around the applicability of the regulation to

one mmBTU/hr or larger OWBs at commercial and industrial facilities and the need to

potentially obtain a permit in accordance with other applicable laws.

In ‘Alternatives’

Revise the text to include a seventh alternative ‘Phase Out of Existing OWBs.’

In ‘Alternatives’ in ‘6. Establish Setback Requirements for Existing OWBs’

Revise the text to remove the example

In ‘Alternatives’ in ‘7. Phase Out of Existing OWBs’



Revise the text to include this new language explaining the Department’s position to not

finalize the regulatory provisions relating to the phase out of existing OWBs.

In ‘Compliance Schedule’

Revise the text to remove discussion of the requirement of an OWB stack to exceed, by two

feet, the peak of any nearby roof structure and to remove the compliance schedule for replacement of exiting OWBs.

In ‘Compliance Schedule’

Revise the text to include the revised dates for seasonal use requirements.

Regulatory Impact Statement Summary

In ‘Needs and Benefits’

Revise the text to change the future year in the sales increase discussion from 2004 to 2007

including the addition of a new footnote.

In ‘Needs and Benefits’ in ‘2. Requirements for New OWBs’

Revise the text to include the definition of an OWB and include a discussion on removal of

the stack height requirement of two feet above any roof structure within 150 feet of an

OWB and the retention of the 18-foot minimum stack height. This revision includes text

that notes the Department may require that a stack extend to two feet above the peak of any

roof structure within 150 feet when necessary to disperse smoke from the OWB.


Revise the text to remove the first paragraph in New OWBs.


Revise the text to include a discussion on removal of the stack height requirement of two

feet above any roof structure within 150 feet of an OWB and the retention of the 18-foot

minimum stack height.

In ‘Needs and Benefits’ in ‘4. Requirements that Apply to Distributors’




In ‘Needs and Benefits’ in ‘4. Requirements that Apply to Distributors’


In ‘Needs and Benefits’ in ‘5. Requirements for Existing OWBs’

Revise the text to include the definition of an OWB and include a discussion on removal of

the stack height requirement of two feet above any roof structure within 150 feet of an



OWB and the retention of the 18-foot minimum stack height. This revision includes text

that notes the Department may require that a stack extend to two feet above the peak of any

roof structure within 150 feet when necessary to disperse smoke from the OWB.


Revise the text to remove the first paragraph in Existing OWBs.









to May 15th

.

Language was added to describe the change in heating season length.


Revise the text in footnote 5 to include the revisions to the definition of “Northern Heating

Zone” including a discussion of why the change was made.

Job Impact Statement

No Changes were made to this document

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