PRINTER'S NO. 446
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
411
Session of
2015
INTRODUCED BY BRIGGS, THOMAS, COHEN, FRANKEL AND McCARTER,
FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 9, 2015
AN ACT
Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
entitled, as amended, "An act to provide for the better
protection of the health, general welfare and property of the
people of the Commonwealth by the control, abatement,
reduction and prevention of the pollution of the air by
smokes, dusts, fumes, gases, odors, mists, vapors, pollens
and similar matter, or any combination thereof; imposing
certain powers and duties on the Department of Environmental
Resources, the Environmental Quality Board and the
Environmental Hearing Board; establishing procedures for the
protection of health and public safety during emergency
conditions; creating a stationary air contamination source
permit system; providing additional remedies for abating air
pollution; reserving powers to local political subdivisions,
and defining the relationship between this act and the
ordinances, resolutions and regulations of counties, cities,
boroughs, towns and townships; imposing penalties for
violation of this act; and providing for the power to enjoin
violations of this act; and conferring upon persons aggrieved
certain rights and remedies," further providing for
definitions; providing for urban outdoor wood-fired boilers;
and abrogating a regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act, is
amended by adding definitions to read:
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Section 3. Definitions.--The following words and phrases,
when used in this act, unless the context clearly indicates
otherwise, shall have the meaning ascribed to them in this
section:
* * *
"Outdoor wood-fired boiler." As follows:
(1) A fuel-burning device that:
(i) Is designed to burn, or is capable of burning, any of
the following:
(A) Clean wood.
(B) Wood pellets made from clean wood.
(C) Home heating oil, natural gas or propane that:
(I) Complies with all applicable sulfur limits.
(II) Is used as a starter or supplemental fuel for dual-
fired outdoor wood-fired boilers.
(ii) Has a rated thermal output of less than 350,000 BTUs
per hour.
(iii) The manufacturer designs or specifies for outdoor
installation or installation in structures not normally intended
for habitation by humans or domestic animals, including
structures like garages and sheds.
(iv) Heats building space or fluid, or both, through the
distribution, typically through pipes, of a fluid heated in the
device, typically water or a mixture of water and antifreeze.
(2) The fuel-burning device may also be known as an:
(i) Outdoor wood-fired furnace.
(ii) Outdoor wood-burning appliance.
(i ii) Outdoor hydronic heater.
* * *
"Urban outdoor wood-fired boiler." An outdoor wood-fired
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boiler located in a city, borough, town or township, with a
population density of at least one thousand five hundred (1,500)
persons per square mile, based on the most recent Federal
decennial census.
Section 2. The act is amended by adding a section to read:
Section 6.8. Urban Outdoor Wood-fired Boiler.--An individual
may not use or operate an urban outdoor wood-fired boiler.
Section 3. The regulation of the Department of Environmental
Protection at 25 Pa. Code ยง 123.14 (relating to outdoor wood-
fired boilers) is abrogated insofar as it is inconsistent with
the amendment or addition of sections 3 and 6.8 of the act.
Section 4. This act shall take effect in 60 days.
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