N.Y. Comp. Codes R. & Regs. tit. 6 § 247.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 247.3 - Prohibitions

(a) No person shall operate an outdoor wood boiler that does not meet the requirements set forth in this Part.

(b) Prohibited fuels. No person shall burn any of the following items in an outdoor wood boiler:

(1) wood that does not meet the definition of clean wood;

(2) unseasoned wood;

(3) garbage;

(4) tires;

(5) yard waste, including lawn clippings;

(6) materials containing plastic;

(7) materials containing rubber;

(8) waste petroleum products;

(9) paints or paint thinners;

(10) household or laboratory chemicals;

(11) coal;

(12) paper except as described in section 247.4(a)(4) of this Part;

(13) construction and demolition debris;

(14) plywood;

(15) particleboard;

(16) fiberboard;

(17) oriented strand board;

(18) manure;

(19) animal carcasses;

(20) asphalt products;

(21) salt water driftwood; or

(22) any other fuel that is not recognized as an approved fuel pursuant to section 247.4 of this Part.

(c) No person shall cause or allow emissions of air contaminants from an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic or duration which is injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:

(1) activating smoke detectors in neighboring structures;

(2) impairing visibility on a public highway; or

(3) causing a visible plume migrating from an outdoor wood boiler and contacting a building on an adjacent property.

The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that results in the conditions or circumstances listed in this subdivision notwithstanding the existence of specific air quality standards or emission limits.

(d) No person shall operate an outdoor wood boiler in such a manner as to create a smoke plume with an opacity of 20 percent or greater (six minute mean) as determined using EPA Reference Method 9 (or equivalent) (see table 1, section 200.9 of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 247.3