Dec Delays Rules on Outdoor Wood Boilers

Patty Ritchie

April 15, 2011

Environment

files/pdfs/04-15-11 DEC Issues Emergency Rule for Outdoor Wood Boilers.docx

Will Give Agency Time To Certify Models For Sale In New York State

State Senator Patty Ritchie said today that New York State Department of Environmental Conservation has agreed to delay implementation of new outdoor wood boiler rules to provide time for the agency to certify units that can be sold in New York State.

The action by Commissioner Joe Martens came in a one line "emergency" amendment to DEC's controversial wood boiler rules one week after Senator Ritchie joined Senator Cathy Young and Assemblyman Bill Magee in asking for the delay.The rule was supposed to take effect on April 15. It would have left small business dealers unable to sell their existing inventory or to offer other products that meet the state rules because none have been certified.

"Small businesses were put in an impossible position by a rule they could not comply with due to the state's inaction," Senator Ritchie said. “With rising fuel prices facing consumers, DEC needs to be working with manufacturers to insure that citizens can have access to these popular heating units that many families depend on to heat their homes."

Senator Ritchie has repeatedly pointed out that the wood boilers are very popular in Northern New York which has the highest percentage of farmers and families that burn wood to heat their homes in New York State, according to the US Census statistics.

“At a time when our nation is trying to shift to locally produced energy sources and away from foreign sources, we need to focus on ways to help keep New York families employed,” Senator Ritchie said. “I will continue to work with Commissioner Marten to insure that businesses are treated fairly and are given adequate time to comply with the rules.”

The emergency rule states:

Through July 14, 2011, distributors may continue to sell or lease existing inventory that was acquired by the distributor prior to April 15, 2011 and that does not meet the requirements for certification under Section 247.8 of this Part.

Attached is the DEC's decision to delay the implementation of the rules.

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