Aubertine Questions DEC Regulations on Outdoor Wood Boilers


Senator opposes proposal and introduces legislation that would allow for continued use of boilers

WATERTOWN (June 3, 2010)—New York State Sen. Darrel J. Aubertine today at a public forum in the Dulles State Office Building expressed his strong opposition to proposed regulations for outdoor wood boilers proposed by the Department of Environmental Conservation.

Earlier in the day the Senator introduced legislation addressing the issue.

“These regulations as proposed would effectively eliminate the use of outdoor wood boilers, not regulate their use,” Sen. Aubertine said. “It is not the role of the DEC to legislate out of use a legitimate source of heat and hot water for many rural residents. These boilers should be compliant with industry standards and local regulations, not subject to these overbearing state regulations.”

Sen. Aubertine, who is chair of the Legislative Commission on Rural Resources, said bill S.8061 will allow for the continued use of outdoor boilers currently in operation, require any new boilers sold in New York be EPA approved, and allow for local decision making with respect to typical local issues such as setbacks.

The Senator in his comments raised concerns about the proposed stack height requirements, the proposal to require replacement after 10 years regardless of the boiler’s working condition, the proposal to limit the season in which the boilers could be used, and the proposal to effectively prohibit the use of these boilers as hot water heaters.

Sen. Aubertine’s comments were submitted as preliminary, with the intent of following the discussion over the next few weeks at public meetings across the state before submitting final comments.