Wood Stove Bill in Rhode Island Should be Model for all States

A Rhode Island bill, HB 7371, would make the state the first eastern state to adopt the progressive policies of Washington and Oregon on wood stoves. The bill, introduced by representative Art Handy and four other delegates, would phase-out wood stoves without EPA certification in densely populated residential areas.

House bill no.7371 states that beginning on January 1, 2013, an individual must obtain a permit before installing a wood stove in any residential home. Permits will only be issued for EPA certified models unless they are 50 feet from any lot line and 200 feet from a neighboring home. Property owners cannot sell, rent, or lease any home with an uncertified stove that is less than 50 feet from any lot line and 200 feet from a neighboring home. Additionally, only "clean wood" can be burned, meaning natural wood free of chemical paints, varnishes, preservatives, resins, or glues.

Washington and Oregon go even further than the Rhode Island bill, by applying to all stoves in all areas of the state – not just densely inhabited ones. “In states where there would not be the political will to pass a bill that impacts the entire state, this is an excellent measure to reduce the wood smoke that has the most impact on the most people,” said John Ackerly, President of the Alliance for Green Heat.

This commonsense approach may only apply to a minority of households and would not impact those households which are most likely to heat with stoves. “Ultimately, we need to see a quicker phase out of all old, uncertified stoves and this is an excellent step in that direction,” Mr. Ackerly said.

Exceptions will be made for those demonstrating financial hardship. If a person's household income is less than 250% of the federal poverty level, he or she may continue to operate an uncertified wood stove regardless of proximity to the lot line or neighboring home.

The Alliance for Green Heat supports this bill and urges legislators to pass it.

Central Boiler Responds to Rhode Island Outdoor Boiler Story

Last month, we posted a story which also ran in our newsletter about attempts in Rhode Island to pass legislation on outdoor wood boilers. We received several interesting communications as a result and wanted to update that story - and correct ourselves.

One of the communications was from Central Boiler, who gave us permission to quote from their email. They rightly pointed out that we failed "to make mention of the most recent Rhode Island Department of Environmental Management’s Regulation No. 48 which became law April 14, 2011." That regulation requires that all outdoor boilers installed after July 1 are Phase 2 qualified and Central Boiler was not opposed to this regulation.

Central Boiler also noted that the Alliance for Green Heat mistakenly indicated that Pennsylvania has established a 150 foot set back, whereas in fact it is 50. We stand corrected.

Also, Central Boiler said that they had "NOT taken out any ads regarding the Bills" in Rhode Island, as the Alliance had alleged. However, the Alliance has in its possession a paid advertisement on page 11 of the March 30 edition of the Rhode Island “Bargain Buyer” signed by Central Boiler and apparently taken out by a Central Boiler dealer or agent. The ad urges owners of outdoor wood boilers to contact their legislator to oppose H5783.

The Alliance for Green Heat believes that the EPA should have established a mandatory program for outdoor wood boilers years ago, requiring that only Phase 2 boilers be installed anywhere in the country. We also support the provision in H5783 that would have required that non Phase 2 boilers be removed upon the sale or rental of a home and that outdoor boilers be set back 150 feet from the property line.

While the Alliance for Green Heat and Central Boiler do not agree on many things, we appreciate the open and respectful dialogue we have with them.

Commentary: Innovative Rhode Island Hydronic Heater Bill Stalls

Rhode Island residents and legislators have some innovative ways to combat the residential hydronic boilers that are often highly polluting. H5783, which went through numerous changes, required anyone selling or renting property with a traditional hydronic heater to remove it, as Oregon does with non-EPA certified stoves.

The bill would also require traditional hydronic heaters to be located at least 150 feet from the nearest property, requiring some owners to move or potentially stop using their boiler.

However, the bill did not pass during the 2011 session. Rhode Island is that last northeastern state to establish property setbacks for hydronic heaters. The leading hydronic heater company, Central Boiler, has vigorously lobbied against various bills that would have provided regulations for outdoor boilers. They have also taken out paid ads urging boiler owners to contact their elected representatives.

The Alliance for Green Heat believes that H5783 Substitute A was a very reasonable bill that balanced the interests of stakeholders. It required that only Phase 2 boilers could be installed after January 1, 2012 and established a 150-foot property set back requirement, which is more than Central Boiler wants but less than what air quality experts are advocating for. Pennsylvania recently adopted a 150-foot rule.

The bill did not have any seasonal restrictions such as the ones that Indiana and areas in Massachusetts have successfully included in their regulations, nor does it have other protections. However, the phase out provision that requires removal upon sale or rental of home is a promising provision that should be considered by all states.

Traditional hydronic heaters that are not qualified under the EPA’s voluntary program are viewed as the scourge of residential wood heating by many in the US, including some within the wood heat industry. States that have not passed bills establishing set backs and other important protections should do so, and they should look at some of the provisions in H5783. We believe H5783 could have been even stronger, but too often bills in places like Rhode Island and Connecticut have failed because companies like Central Boiler have resources to stop them while clean air advocates were pushing for measures that were politically unrealistic.

This is at least the third year that the Rhode Island legislature has failed to pass a hydronic heater bill, leaving their constituents vulnerable to excessive wood smoke. We hope next year the legislature will muster the common sense to do what all other states in the Northeast have already done.

Unregulated OWBs face challenges in PA, IN, CT and RI

Four states—Pennsylvania, Indiana, Connecticut and Rhode Island— have been working on proposals to regulate Outdoor Wood Boilers (OWBs). Even though unregulated OWBs are arguably the most polluting wood stove burning devices, no mandatory federal standards exist for them. However, state legislatures around the country are making progress in curbing pollution from OWBs.

[Update: Since this article written, as of May 2014, Pennsylvania, Indiana and Rhode Island have all successfully prohibited the installation of unqualified outdoor boilers.]

The Pennsylvania Environmental Quality Board (EQB) recently proposed new regulatory rules for all OWBs sold and used in the state. If passed, the new regulations will only allow the sale of Phase II units (an OWB that has been qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million), and require new OWBs to be installed at least 150 feet from the nearest property line. The proposal will further mandate both new and old OWBs to contain a permanent stack at least 10-feet tall and two feet above the highest residence, and prohibit the burning of garbage, tires, hazardous waste etc. As public hearings wrap up around the state, the proposal is scheduled for review by the state legislature.

As a national organization dedicated to promoting wood heat in America, the Alliance for Green Heat supports strict regulations for outdoor boilers. We believe that wood heat should be a key source of renewable energy in America, and that renewable energy incentives should be provided to biomass, along with solar, wind and geothermal. However, we also believe that the EPA has let some of our emission standards stagnate and has allowed too many exempt appliances, such as unregulated outdoor boilers, to remain on the market for too long.

While the proposed changes in Pennsylvania are entirely reasonable, even further setback requirements could be in place near schools, hospitals and densely inhabited areas.

Another key point is that while setbacks will help protect neighbors, they do nothing to protect families that own outdoor boilers, especially children who have no say where they live and what they breathe. Children are particularly vulnerable to the harmful effects of wood smoke.

Unfortunately, one of the biggest problems with outdoor boilers is with the existing boilers, not the new ones meeting recent requirements. Requiring both new and existing boilers to meet the stack height restrictions is important. We believe both new and existing outdoor boilers should be prohibited from use during the summer, except for boilers that use wood pellet fuel, which are reliably much cleaner.
By regulating polluting OWBs and limiting fuel usage to clean wood and pellets, the new proposal is expected to improve air and water quality, biodiversity, and primarily, the health of residents.
Other states are also working to regulate OWBs use.

The Indiana Department of Environmental Management (IDEM) is developing a draft to regulate emission from OWBs. IDEM is currently accepting public comments and the proposal will undergo two public hearings before it can be adopted by the state legislature. More than 7,500 OWBs have been sold in Indiana since the 1990s, according to the Indiana Law Blog. Proposed regulations will mandate Phase II units for new installations, and require existing OWB stacks to be extended at least five feet above the nearest rooftop within 150 feet.

In Connecticut, after the initial proposal to ban OWBs in December by Attorney General Richard Blumenthal, state Sen. Andrew Maynard (D-Stonington) recently said that the ban is unlikely.
Even though only phase I and II OWBs are now allowed to be installed, according to the Norwich Bulletin, the state will work to develop even tougher regulations and a bill banning OWBs may be introduced.

The Department of Environmental Protection in Connecticut received several hundred complaints about OWBs over the last three years. Connecticut law currently mandates new OWBs to be installed at least 200 feet from the closest residence and contain a stack that’s at least as tall as the closest rooftop within 500 feet.

In Rhode Island, a bill passed by the House for OWB regulation will require Phase II units to be installed at least 100 feet from the nearest residence and have a permanent stack at least two feet above the highest roof within 300 feet. All existing OWBs will have to be set back at least 500 feet from property line and extend at least two feet above the nearest residence. The bill is pending in the state senate.

One of the most important facts to recognize is that Phase II boilers only cost marginally more than many unregulated boilers. Some Phase II boilers cost only 15 percent more.  According to an assessment by the Pennsylvania EQB, extending the stack height of OWBs should cost between $73 and $84 for the 2-foot section, and between $119 and $145 for a 4-foot section.
That is a small price to pay for cleaner air.

If wood heat plays a vital role in our society, as we believe it should, we have to promote cleaner appliances and ensure that wood smoke is restricted to reasonable levels.