Directs the commissioner of environmental conservation to establish air emissions regulations for outdoor wood boilers that are consistent with federal standards

Summary of provisions

This bill would amend the Environmental Conservation Law by adding a new section 19-0306-b directing the commissioner to adopt regulations for outdoor wood boilers that are consistent with those in the voluntary United States Environmental Protection Agency Phase 2 Hydronic Heater Program.

Section one of the bill contains legislative intent that emphasizes the importance of outdoor wood boilers as an alternative source of heat that uses wood, a renewable source of energy, and that can provide heat at a relatively low cost; and endorses the adoption of emissions standards for these heating devices as a means of encouraging the use of newer and cleaner models.

Section two of the bill directs the commissioner to adopt regulations for levels of emissions from outdoor wood boilers that are consistent with the EPA Hydronic Heater Program Phase 2 Partnership Agreement with manufacturers of outdoor wood boilers, and directs these regulations to become effective no sooner than April 15, 2012.

Section three of the bill provides that the bill shall take effect immediately.

Justification

Outdoor wood boilers have provided an economical source of heat for agricultural operations and residences located in the rural areas of the state for many years. Wood is a sustainable and renewable source of energy, and its use in clean burning appliances should be encouraged by the state. Outdoor wood boilers provide residences and businesses with an alternative means of heat that is provided at a lower cost than many foreign sources of nonrenewable energy.

Outdoor wood boilers have undergone many changes since the time they were first introduced. In an agreement with the US Environmental Protection Agency that became effective in March 2010, manufacturers have agreed to develop newer models with emissions levels that are reduced by significant amounts. The Phase 2 EPA program for hydronic heaters provides for a reduction in particulate emissions of about

9Q% over earlier models that did not qualify under the EPA Phase 1 or Phase 2 program.

Adoption of these voluntary emissions standards should be encouraged in New York, on a time frame that can be met by manufacturers. This bill will allow for the continued sales of outdoor wood boilers and, starting April 15, 2012, will provide for the newer, cleaner models to be the only ones sold in this state. The extended effective date of the requirement to sell only the newer, more technologically advanced models will give manufacturers time to refine manufacturing processes and provide sufficient outdoor wood boilers to meet the demand for them in the state. It will allow dealers with older models in stock today sufficient time to dispose of those units or trade them back to manufacturers for newer models. It will ensure that as older models are replaced, the replacements will be those with cleaner operations and reduced emissions.

April 15, 2012 is a reasonable date to phase in these emissions standards for all new outdoor wood boilers sold or installed in this state.

Legislative history

This is a new bill.

Fiscal implications

None to the state. Continued use of economical outdoor wood boilers will reduce heating costs for agricultural operations and residents in rural areas of the state where the outdoor wood boilers are used.

Effective date

This act shall take effect immediately.