Air Pollution Control Division

Residential Burning Questions and Answers

Q: How do I tell if my stove is exempt from regulations on Action Days?
A: It is exempt 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 .

The lists of Colorado approved pellet stoves and masonry heaters can be found there, as well as a link to a U.S. EPA woodstoves webpage, where you can find more information on approved wood stoves.

Q: Is my location exempt from Action Day ordinances and regulations?
A: You are exempt only if you reside outside the defined portion of the seven-county Denver-metropolitan area. The program area includes the entire seven-county region of Denver, Boulder, Broomfield, Douglas, Jefferson, and areas west of Kiowa Creek in Adams and Arapahoe counties.  Homes above 7,000 feet in elevation are exempt from the restrictions.

Q: Can I burn manufactured (compressed) logs in my fireplace or non-Phase II stove on Action Days?
A: No. Colorado Regulation No. 4 prohibits the use of uncertified devices, not fuels, on Action Days. Therefore, an uncertified stove or conventional fireplace, regardless of the type of fuel, may not be operated on Action Days.

Q: Are all pellet stoves exempt from Action Day ordinances and regulations?
A: Only approved pellet stoves are exempt. Check against the list of approved pellet stoves to see if yours is exempt.

Q: How do I get an exemption to use my non-Phase II woodstove on Action Days? It is my sole source of heat.
A: You should contact your local health department or building department. Most municipalities in the seven-county Denver-metropolitan area have their own ordinances and regulations that include provisions for exemptions. However, they can vary, so you should call your local government. You also can call Hugh Davidson at the Air Pollution Control Division (APCD) at 303- 692-3157.

Q: Can I get my stove tested to see if it is exempt?
A: No. The EPA-approved testing must be conducted at an appropriate laboratory. It is done for an entire model line and is quite expensive.

Q: Where can I get a list of certified wood stoves, approved pellet stoves or a copy of Colorado Regulation No. 4?
A: Most of this information is available online . The lists of Colorado approved pellet stoves and masonry heaters can be found there, as well as a link to a U.S. EPA webpage 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.

Q: My neighbor is burning on a Action Day. What do I do?
A: Call the 24-hour residential burning hotline at 303-692-3280. If the state has jurisidiction, we will contact the suspected violator. If a local municipality has jurisidiction, we will provide representatives with the information you report and the local government will follow up on the complaint.

Q: How are the residential burning ordinances and regulations enforced?
A: For those areas under state regulation, the enforcement procedure is as follows:

1. When a complaint is received by the state about an alleged violation, the state sends a letter describing the residential burning program that urges compliance.
2. If the party allegedly responsible still does not comply, an investigation occurs.
3. 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.
4. 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 residential burning regulations, or a monetary fine will 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. Therefore, 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 ordinances that are at least as restrictive. Most of the seven-county Denver-metro area falls under the jurisdiction of a local ordinance or regulation. Contact your city or county government to inquire about local enforcement procedures.

Citizens wishing to contribute to the enforcement effort should report suspected violations to the residential burning hotline at 303-692-3280.

Q: Can I install a non-certified woodstove in my mountain home above 7,000' elevation?
A: No. The 7,000' elevation exemption applies only to the use of residential burning stoves, not their sale or installation.

Q: I have a non-EPA Phase II stove which burns "clean". Can I install it and use it on a Action Day?
A: 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 Action Days.

Q: What are the EPA Phase II standards for wood stoves?
A: To achieve EPA Phase II status, a device must meet the following requirements:

1. Non-catalytic stoves must emit no more than 7.5 grams/hour of particulates.
2. Stoves equipped with a catalytic device must emit no more than 4.1 grams/hour of particulates.

Q: My stove is on the "exempt from certification list". Can I use it on Action Days?
A: No. Such devices are still subject to Action Day regulations and ordinances. They are not certified wood stoves by definition and only certified wood stoves may be used on Action Days.

Q: Can I sell my used, uncertified woodstove?
A: Yes. However, you may not sell it in the seven-county Denver-metropolitan area. You may sell your woodstove elsewhere in the state of Colorado.

Q: Can I use my conventional masonry fireplace on Action Days?
A: You may use it 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.

Q: A friend gave me her old wood stove. Can I install and use it on Action Days?
A: It depends upon whether the wood stove is certified or not. A used, uncertified (non-EPA Phase II) wood stove may not be installed or used in the seven-county Denver-metropolitan area on Action Days. A certified, Phase II stove may be installed and used.

Q: 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 Action Days. Will I be able to install this stove in my new Jefferson County home?
A: 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.

Q: What is the difference between a pellet stove and an approved pellet stove?
A: Although many pellet stoves burn "cleanly", 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 particulates are approved.

Q: How do I find out whether it is a Action Day or not?
A: 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 also carries current advisory information during the season (and other pollution information year-round). Many local newspapers, radio and television stations also provide updates. The Colorado Department of Public Health and Environment posts advisories on its website at: http://www.colorado.gov/airquality/advisory.aspx

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