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Source: Colorado Department of Public Health, Air Pollution Control Division
How
do I tell if my stove is approved for use during Red advisory days?
It is approved if it is a certified EPA Phase II (Colorado Phase III) stove or insert, an approved pellet stove or insert, or an approved masonry heater. Most of this information is available online at www.cdphe.state.co.us/ap/woodhome.asp. The lists of Colorado approved pellet stoves and masonry heaters can be found there, as well as a link to a U.S. EPA web page where you can find more information on approved wood stoves.
Is my location
exempt from High Pollution Day ordinances and regulations?
All locations within the seven-county metro Denver area are subject to either state or local ordinances and regulations, with the following exceptions: 1) Residences above 7,000 feet in elevation; 2) The area east of Kiowa Creek in eastern Adams and Arapahoe Counties; and 3) Those people who use heat from wood stoves as their main source of heat.
Can I burn
manufactured (compressed) logs in my fireplace or non-Phase II stove on Red Days?
No. Colorado Regulation No. 4 prohibits the use of uncertified devices, not fuels, on Red advisory days. Therefore, an uncertified stove or conventional fireplace, regardless of the type of fuel, may not be operated on High Pollution Days.
Are all pellet
stoves exempt from High Pollution Day ordinances and regulations?
No. Only approved pellet stoves are exempt. Check against the list of approved pellet stoves to see if your model is exempt at www.cdphe.state.co.us/ap/woodhome.asp.
How do I get
an exemption to use my non-Phase II woodstove on High Pollution Days? It is my
sole source of heat.
You may qualify for an exemption if your unapproved wood stove is the sole source of heat for your home. You should contact your local health department or building department. Most municipalities in the seven-county metro Denver area have their own ordinances and regulations that include provisions for exemptions. However, they can vary, so you should call your local government. A small percentage of homes in the metro area are under state jurisdiction. The Colorado Department of Public Health and Environment grants exemptions, but requires proof that an unapproved wood stove is the sole source of heat. Please call the department's Air Pollution Control Division (APCD) at 303-692-3157 for more information on state exemptions.
Can I get my
stove tested to see if it is exempt?
No. It is not necessary. Certification is based on EPA-approved testing conducted at an appropriate laboratory. It is done for an entire model line. Check to see if your wood or pellet stove carries EPA Phase II (Colorado Phase III) certification on the lists of Colorado approved pellet stoves and masonry heaters.
Where can I
get a list of certified woodstoves, approved pellet stoves or a copy of Colorado
Regulation No. 4?
Most of this information is included on the Colorado Department of Public Health and Environment's web site at www.cdphe.state.co.us/ap/woodhome.asp. The lists of Colorado approved pellet stoves and masonry heaters can be found there, as well as a link to a U.S. EPA web page where you can find more information on approved wood stoves. You also can contact Gary Finiol at the Air Pollution Control Division at 303-692-3165 during regular business hours if you have questions.
My neighbor is
burning on a High Pollution Day. What do I do?
You may choose to call the 24-hour woodburning hotline at 303-692-3280. The information you provide will be reviewed and reported to the appropriate jurisdiction by staff at the Colorado Department of Public Health and Environment. Remember, most residents residing in the Denver area fall under the jurisdiction of their local government. If the State of Colorado has jurisdiction, we will contact the suspected violator to gather more information. It is possible that an individual who is burning on a Red day has an exemption allowing this practice. Contact the Colorado Department of Public Health and Environment's Air Pollution Control Division if you want to follow up on a complaint.
How are the
woodburning ordinances and regulations enforced?
For those areas under state jurisdiction, the enforcement procedure is as follows:
When a complaint is received by the state about an alleged violation, the state sends a letter describing the woodburning program that urges compliance.
If the party allegedly responsible still does not comply, an investigation occurs.
If it is found that the responsible party is not complying with regulations, a Notice of Violation is issued. This requires an NOV conference between the responsible party and state regulators.
After the NOV
conference, three things can happen: it can be determined that the
party allegedly responsible did not violate regulations, a
non-monetary settlement can be reached by which the responsible
party agrees to adhere to all woodburning regulations, or a monetary
fine can be assessed. Technically, fines can be up to $15,000 per
day. Most likely, any fines assessed will be $100 to $300.
Our goal
is not to fine people. It is to get people to comply with all
regulations. Every step will be taken to bring people into
compliance with regulations rather than issue a fine.
The state has enforcement jurisdiction only in those areas that do
not have local regulations or ordinances that are at least as
restrictive. Most of the metro Denver area falls under the
jurisdiction of a local ordinance or regulation. Contact the local
government to inquire about local enforcement procedures. They vary
from jurisdiction to jurisdiction. Citizens wishing to contribute to
the enforcement effort should report suspected violations to the
woodburning hotline at 303-692-3280.
Can I install
a non-certified woodstove in my mountain home above 7,000 feet in elevation?
No. The elevation exemption applies only to the use of unapproved wood stoves, not their sale or installation, which is prohibited by state law.
I have a
non-EPA Phase II stove which burns "clean". Can I install it and use
it on a High Pollution Day?
If it can be demonstrated by valid manufacturer testing data that the stove is "cleaner" than EPA Phase II standards, then it may be installed and used on Red days.
What are the
EPA Phase II standards for woodstoves?
If it can be demonstrated by valid manufacturer testing data that the stove is "cleaner" than EPA Phase II standards, then it may be installed and used on Red days.
My stove is on
the "exempt from certification list". Can I use it on High Pollution
Days?
No. Such devices are still subject to regulations and ordinances. They are not certified wood stoves by definition and only certified wood stoves may be used on Red days.
Can I sell my
used, uncertified woodstove?
You may not sell it in the Denver metro area. You may sell your wood stove elsewhere in the state of Colorado.
Can I use my
conventional masonry fireplace on High Pollution Days?
You may use it only if it is equipped with gas logs, an EPA Phase II insert, an approved pellet insert or an electric device, and if state or local ordinances do not prohibit it.
A friend gave
me her old woodstove. Can I install and use it on High Pollution Days?
It depends upon whether the wood stove is certified or not. A used, unapproved (non-EPA Phase II) wood stove may not be either installed or used in the Denver metro area on Red days. A certified, Phase II stove may be installed and used.
I'm moving
from Arapahoe County to Jefferson County. I want to take my used, non- Phase II
stove with me. I can use this stove in my Arapahoe County home except on High
Pollution Days. Will I be able to install this stove in my new Jefferson County
home?
No. Even though no additional particulates would be added to the airshed through your move, Regulation No. 4 prohibits the installation of the stove at your new location.
What is the
difference between a pellet stove and an approved pellet stove?
Although many pellet stoves burn cleaner, only those whose manufacturers have performed the required testing and submitted the appropriate paperwork to the state certifying that the pellet stove emits less than 4.1 grams/hour of particles are approved.
How do I find
out whether it is a Red Day or not?
You can call the 24-hour Air Quality Advisory hotline during the High Pollution Season at 303-758-4848 for current information. The Air Quality Bulletin hotline at 303-782-0211 carries seasonal advisory information and other pollution information year-round. Local newspapers, radio, and television stations also provide updates. The department posts advisories on its web site at http://apcd.state.co.us/psi/advisory.html.
The Regional Air Quality Council also has the advisory linked to its site at www.raqc.org.
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