NORTHERN SONOMA COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 200 - DISTRICT CERTIFICATION OF NON-AFFECTED DEVICES

1. Application for Certification: A manufacturer of a non-affected device model line that is not a pellet stove may apply to the District for certification of that model line as a District approved wood fired appliance. Each non-affected device model line offered for sale or use in the District shall be District certified. Certification and recertification shall be obtained pursuant to the requirements contained herein:
   1. Required information: Each application shall contain the following:
      1. the information required by paragraph (b) of section 60.533 of the CFR, to the extent such information applies to the model line;
      2. a statement attesting that the model line is not subject to the standards of the CFR and the basis for such exemption.
      3. a statement that the wood fired appliance being submitted for testing is similar in all material respects to other appliances in the model line.
      4. the name of the EPA accredited laboratory that will perform certification testing.
      5. a statement as to how the manufacturer will permanently label the model line appliances to provide accessible identification of each appliance.
      6. all other information determined by the Control Officer to be needed for an adequate evaluation of the model line.
   2. Application Completeness: The Control Officer shall notify the applicant within 30 days of application receipt as to the completeness of the application.
   3. Prior Approval of Testing Protocol Required: Prior to testing the specific non-affected device, the contracting laboratory shall submit to the District a source testing protocol for the Control Officer's review and approval. The source test protocol shall specifically delineate the test conditions under which the sampling is to be conducted, the number of samples to be taken, and the sampling method. The procedures established under 60.533 (compliance and certification) and 60.534 (test methods and procedures) of the CFR shall be used in the formulation of the testing protocol to the extent determined applicable by the Control Officer. Field tests using EPA Office of Research and Development approved test and quality assurance protocols are an acceptable alternative to laboratory testing. The Control Officer shall review any protocol for compliance with the above requirements and shall specify in writing any additional conditions necessary to assure that valid sampling is conducted. The Control Officer shall provide written notice of approval or conditional approval to the contracting laboratory.
   4. Requirements for Submission of Prior Test Data: Test data obtained by an EPA accredited laboratory prior to the effective date of this Rule may be submitted as part of an application for certification of a model line. Field test data obtained by an EPA accredited laboratory prior to that date, using EPA Office of Research and Development approved testing protocols and quality assurance programs, may also be submitted. Such submittals must be made by the EPA accredited laboratory which performed the testing. All test data obtained during the test runs shall be submitted. Test data shall be accompanied by full quality assurance documentation, statement of sampling methods used and how the appliance was operated during the sampling, a description of the manufacturer's involvement in testing, and an explanation of how the results were calculated. The manufacturer shall be responsible for making a complete application and shall be subject to all other requirements of Rule 200.A. The Control Officer may accept the prior test data if he or she determines it provides sufficient reliable information to adequately evaluate the model line, or may require additional testing. If the test data or methods are determined inadequate, the Control Officer shall notify the applicant in writing as to the basis for the determination.
   5. Testing Requirements: Testing shall be performed by the contracting laboratory using the approved testing protocol. Where an EPA Office of Research and Development approved field testing protocol and quality assurance program are to be used, individuals other than employees of the contracting laboratory may conduct the testing but the testing shall be observed by a representative of the contracting laboratory to ensure that the protocol is followed. The quality assurance portion of such an observed field test must be performed by the contracting laboratory's representative. All test results and quality assurance documentation shall be forwarded directly to the Control Officer by the contracting laboratory.
   6. Review of Certification Application By Control Officer: The Control Officer shall issue a certificate of compliance to a model line for a period of 5 years if he or she determines that:
      1. Emission test: A valid certification test has demonstrated that the wood fired appliance representative of the non-affected device model line complies with applicable emission limits of Rule 400.A. To be valid the test must be conducted in accordance with all procedures and parameters established in the approved testing protocols and be performed on a wood fired appliance, which is, except as provided in subparagraph (b) below, similar in all material respects to other devices of the model line for which certification is sought.
      2. Design tolerances: Any tolerances or materials for components identified in paragraphs k(2) or (3) of section 60.533 of the CFR that are different from those specified in those paragraphs may not reasonably be anticipated to cause the wood fired appliances to exceed the applicable emission limits of Rule 400 A.1.
      3. Audit testing: The manufacturer of the model line has agreed in writing to bear all costs associated with random compliance audit testing as specified by the Control Officer at an EPA accredited laboratory. Where practical the Control Officer shall use the appropriate sections of the CFR in determining the frequency of such random compliance testing. Such audit testing will be conducted using the same test protocol as for certification. The frequency of random audit testing shall be identified in any certificate of compliance issued by the Control Officer.
      4. Quality assurance: The manufacturer has in place a quality assurance program to inspect tolerances and materials in the model line. This determination may be made based upon statements and proof provided in the initial application.
      5. Warranty: The manufacturer of the model line provides warranty coverage to the owner that is no less stringent as that in the CFR.
      6. Owners manual: The manufacturer of the model line will provide an owner's manual with each wood fired appliance that has at least the same material and language as required in paragraph K of section 60.536 of the CFR.
      7. Labels: The manufacturer of the model line shall permanently label each appliance of the model line to provide model line identification and that the labeling is placed in a readily accessible location.
2. Application for Pellet Stove certification : A manufacturer of a pellet stove model line that is also a non affected device may apply to the District for certification of that model line as a District approved pellet stove. Each non-affected device pellet stove model line offered for sale or use in the District shall be District certified. Certification and recertification shall be obtained pursuant to the requirements herein.
   1. Required Information: Each application shall contain the following:
      1. test results obtained by an EPA accredited laboratory demonstrating an air to fuel ratio greater than or equal to 35:1 where the laboratory used EPA Method 28A. This testing is to be performed on a device representative of the model line for which certification is being sought.
      2. test results obtained by an EPA accredited laboratory using either EPA Method 5G or 5H, and corrected to 5H, which have been conducted under minimum burn conditions (category 1), using EPA Method 28. This testing is to be performed on a device representative of the model line for which certification is being sought.
      3. written declaration from the president of the EPA accredited laboratory that the information required in 200 B.1.a. and 200.B.1.b. has been obtained in accordance with the testing protocols established therein.
      4. a written statement from the manufacturer that demonstrates to the satisfaction of the Control Officer that the particular model line is safety listed. The manufacturer shall also identify how it will permanently label the model line so as to provide accessible identification of each appliance.
      5. all other information determined by the Control Officer to be needed for an adequate evaluation of the model line.
   2. Application Completeness: The Control Officer shall notify the applicant within 30 days of application receipt as to the completeness of the application.
   3. Review of Certification by Control Officer: The Control Officer shall issue a certificate of compliance to a pellet stove for a period of 5 years if he or she determines that the criteria established in 200 B.1. have been met and that the device complies with the emission limits of Rule 400.A..
3. Control Officer's Authority to Condition a Certificate of Compliance: The Control Officer may include in any certificate of compliance such terms or conditions as he or she determines necessary to ensure that the model line will continue to comply with Rule 400 A.1.
4. Revocation: The Control Officer may revoke certification of a model line if the Control Officer determines that the wood fire appliances being produced in the model line do not comply with the requirements of Rule 400.A, Rule 200.A, or Rule 200.B. Such a determination of revocation shall be based upon all available evidence including the revocation criteria set forth in paragraph l of section 60.533 of the CFR where applicable or, such other criteria as determined by the Control Officer to be applicable. Should a District certified model line become subject to the CFR standards, District certification shall be revoked at the time the model line is required to be certified under the CFR.
5. Appeal of Decisions: A manufacturer may, by petition, appeal the decision of the Control Officer to issue or deny a certification or recertification or to revoke a certification. Such a petition must be filed within 10 days of receipt of notification of the issuance, denial, or revocation. The procedures established under Regulation I, Rule 610, 620, 630, 640, and 650 of the District shall apply to petitions, hearings, decisions, records, and judicial review of decisions made under this Rule.
6. Recertification: Upon application for renewal of certification by the manufacturer, the Control Officer may waive the requirement for certification testing if he or she determines that the model line continues to meet the applicable requirements of certification set forth in Rule 200 A.6 or Rule 200 B.3 of this section and that the model line for which recertification is sought is similar in all material respects to the model line that was originally certified.
7. Review of Source Testing Protocols: The Control Officer may review any source testing protocols proposed by a manufacturer or group of manufacturers which are not related to a specific application. In such event the manufacturer(s) shall pay all costs associated with this review in accordance with Rule 300.C.
8. District Duty to Maintain List of Approved Appliances: The Air Pollution Control Officer shall prepare and maintain a list of approved wood fired appliances. The list shall identify the nature of the control technology as catalytic or non catalytic. The Control Officer shall make this list publicly available and shall update the list once a year or more often as needed.
9. Cross Certification - The Control Officer in his or her sole discretion may accept for addition to the District's list of approved appliances a model line that has been certified by another California air pollution control agency, provided the certification procedures and testing protocols used by that agency are determined by the Control Officer to be substantially equivalent to those used by the Northern Sonoma County Air Pollution Control District. A request for cross certification shall be made in writing by the manufacturer to the Control Officer. The manufacturer shall identify the model line(s) for which cross certification is requested, the name of the originating district and the name of the individual at the originating district who is responsible for the certification review.
   
   For each model line for which the manufacturer is seeking cross certification, a one time fee shall be charged in accordance with Rule 300 C. to offset District costs in verifying the criteria established above. Cross certification shall remain in effect so long as the manufacturer maintains a valid certification with the originating district. The Control Officer may remove a cross certified model line from the District's list of approved appliances if he or she determines that:
   1. the manufacturer has failed to comply with the originating district's certification requirements; or
   2. the originating agency's certification program was not, or is no longer, substantially equivalent to that of the Northern Sonoma County Air Pollution Control District.
10. District To Make Test Protocols Publicly Available: The Control officer shall make any District approved testing protocol available to the public.