Md. Code Regs. 08.07.08.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.07.08.08 - Voluntary Firewood Heat Treatment Certification

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Certificate" or "certification" means a written confirmation or document from the Department which affirms that firewood heat-treatment meets the requirements of this regulation at the time of inspection.

(b) "Certified forest product operator" means a licensed forest product operator who has obtained a certificate as defined in this section.

(c) "Compliance agreement" means a written agreement between a licensed forest product operator and the Department in which the licensed forest product operator agrees to comply with the provisions of this regulation.

(d) "Department" means the Department of Natural Resources.

(e) "Firewood" means cut wood products intended for burning.

(f) "Heat-treated firewood" means firewood produced by a certified forest product operator that has been heated to a minimum temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes.

B. Requirements for Heat-Treated Firewood.

(1) The following requirements apply to a certification for heat-treated firewood:

(a) All firewood labeled and sold as heat-treated firewood shall be heated to a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln for at least 75 minutes;

(b) All firewood labeled and sold as heat-treated firewood shall be stored in such a manner to avoid infection or infestation by pests or plant disease pathogens, and at least 4 inches above ground;

(c) All kiln controls, thermocouples, or other temperature instrumentation shall provide accurate outputs and readings;

(d) Kiln methods and operations shall maintain for a minimum of 75 minutes a temperature of 71.1° C (160° F) at the core of a piece of firewood in the center of a load of firewood in a kiln;

(e) A record-keeping system shall document:

(i) For each treatment cycle, the date, time the required temperature is achieved, and duration for which the required temperature was maintained; and

(ii) For each shipment of heat-treated firewood, the name and address of the receiving person or entity, the destination, and the date of shipment;

(f) Records required by §B(1)(e) shall be maintained for at least 2 years; and

(g) All firewood sold as heat-treated firewood shall be labeled with:

(i) The name and address of the certified forest product operator;

(ii) The certificate number and date of expiration of the certificate; and

(iii) The following statement: "State of Maryland Department of Natural Resources Certified Heat-Treated Firewood Operator. This firewood was heat-treated for at least 75 minutes to a temperature of at least 71.1° C (160° F)."

(2) Facilities, equipment, and records for firewood heat-treatment shall be inspected by the Department prior to issuance of a certificate, renewal of a certificate, and at any other time the Department considers necessary.

C. Certification Application. To attain certification, an applicant shall:

(1) Complete an application form provided by the Department;

(2) Remit a fee of $30; and

(3) Enter into a compliance agreement with the Department.

D. Certification Term and Renewal.

(1) A certificate shall remain valid for 1 year from the date issued by the Department.

(2) A certificate renewal application form shall be submitted, with a fee of $30, to the Department no later than 60 days prior to expiration of the certificate.

E. Suspension and Revocation.

(1) The Department may permanently revoke or temporarily suspend the certification of any licensed forest products operator who:

(a) Is guilty of fraud or deceit in obtaining the certification;

(b) Violates any provision of Natural Resources Article, § 5-608, Annotated Code of Maryland, or this chapter; or

(c) Violates any provision of the compliance agreement.

(2) The Department shall provide a certified forest products operator with notice of its intent to suspend or revoke a certification and the right to a contested case hearing in accordance with COMAR 08.01.04.

Md. Code Regs. 08.07.08.08

Regulation .08 adopted effective 51:1 Md. R. 1-62, eff. 1/22/2024