1. (1) No person may advertise to sell, offer to sell or sell a new or used solid fuel burning device in Oregon unless:

   1. (a) The device has been certified for sale as new by DEQ pursuant to OAR 340-262-0500, or by EPA pursuant to 40 CFR part 60, subpart AAA; and
   2. (b) The device is permanently labeled as certified, or in the case of a hydronic heater is permanently labeled as a Phase 1 or Phase 2 emission level qualified model, with a label authorized by DEQ or EPA.
2. (2) Exempt devices. Cookstoves are exempt from this rule in addition to those devices that are not considered solid fuel burning devices as defined in OAR 340-262-0450(24).

3. (3) Exempt consumer transactions. Consumer transactions are exempt from this rule, if the consumer:

   1. (a) Sells a used solid fuel burning device to a person in the business of reusing, reclaiming or recycling scrap metal and the person destroys the device; or
   2. (b) Remits a used device to a retailer for a price reduction on a new residential heating system.
4. (4) Prohibited label alteration. No person may alter DEQ or EPA authorized labels.

Statutory/Other Authority

ORS 468 & 468A

Statutes/Other Implemented

ORS 468A.035 & 468A.460 - 468A.515

History

DEQ 1-2012, f. & cert. ef. 5-17-12
Reverted to DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11
DEQ 7-2011(Temp), f. & cert. ef. 6-24-11 thru 12-19-11
DEQ 2-2011, f. 3-10-11, cert. ef. 3-15-11