(2) Any programs adopted by the commission pursuant to subsection (1) of this section to curtail residential solid fuel heating during periods of air stagnation shall provide for two stages of curtailment based on the severity of projected air quality conditions. Except as provided in subsection (4) of this section, the programs shall apply to all heating by means of solid fuel, including but not limited to solid fuel burning devices, masonry heaters, pellet stoves, trash burners and all devices described in ORS 468A.485 (4)(b). The programs shall provide that use of a solid fuel burning device, masonry fireplace or other solid fuel burning device identified in rules adopted by the commission be curtailed only at the more severe stage of projected air quality if the solid fuel burning device, masonry fireplace or other solid fuel burning device identified in rules adopted by the commission was certified for sale as new:

(a) By the United States Environmental Protection Agency pursuant to 40 C.F.R. part 60, subpart AAA; or

(b) By the department pursuant to ORS 468A.465.

(3) Notwithstanding subsection (2) of this section, if pursuant to ORS 468A.465 the commission adopts more stringent standards than those described in subsection (2) of this section for the certification of new solid fuel burning devices, the commission by rule may require curtailment during the less severe stage of projected air quality of some or all solid fuel burning devices certified for sale as new under less stringent standards if:

(a) The solid fuel burning devices were manufactured at least 15 years prior to the date on which the commission adopts more stringent standards; or

(b) The solid fuel burning devices are located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025.

(4) Programs adopted by the commission to curtail residential solid fuel heating during periods of air stagnation do not apply to:

(a) A person who is classified at less than or equal to 125 percent of poverty level pursuant to guidelines established by the commission taking into account federal poverty guidelines;

(b) A person whose residence is equipped solely with a solid fuel burning device that meets any additional requirements as described in rules adopted by the commission; and

(c) Pellet stoves, unless the pellet stove is located in a nonattainment area in this state that does not attain compliance with standards for particulate matter established by the commission pursuant to ORS 468A.025. [1991 c.752 §11; 2009 c.387 §12]