Chapter 8.21 PM2.5 AIR QUALITY CONTROL PROGRAM

Chapter 8.21
PM2.5 AIR QUALITY CONTROL PROGRAM

Sections:

8.21.010 Definitions.

8.21.020 Prohibited acts and requirements.

8.21.030 Voluntary removal, replacement, or repair program.

8.21.040 Forecasting exceedances and voluntary restrictions in the nonattainment area during an alert.

8.21.050 Voluntary emissions standard and educational program.

8.21.010 Definitions.

In this chapter, the following definitions apply:

“Air quality alert” means an advisory, alert or episode concerning air quality whether issued by the Fairbanks North Star Borough or the state of Alaska.

“Air quality zone” means the area encompassed within a half mile buffer of the property lines of school facilities, state licensed day care facilities, state licensed assisted living facilities and medical facilities.

“Alert” means a notice issued by the FNSB air quality division when the division determines, using available data, that a violation of the 35 micrograms per cubic meter will likely occur.

“Appliance” means a device or apparatus that is manufactured and designed to utilize energy and which does not require a stationary source air quality permit from the state of Alaska under 18 AAC 50.

“Clean wood” means natural wood that has not been painted, varnished, or coated with a similar material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.

“Construction and demolition debris” means a conglomeration of materials from construction, repair, remodeling or demolition of buildings and structures containing any prohibited fuel.

“Cook stove” means a wood burning appliance that is designed primarily for cooking food and that has the following characteristics:

1. An oven, with a volume of 0.028 cubic meters (one cubic foot) or greater, and an oven rack;

2. A device for measuring oven temperatures;

3. A flame path that is routed around the oven;

4. A shaker grate;

5. An ash pan;

6. An ash clean-out door below the oven; and

7. The absence of a fan or heat channels to dissipate heat from the device.

“Division” means the Fairbanks North Star Borough air quality division.

“Episode” means when conditions reach alert status.

“Fireplace” means an assembly consisting of a hearth and open fire chamber of noncombustible factory-built or masonry materials and provided with a chimney, for use with solid fuels which cannot be operated with an air to fuel ratio of less than 35 to one.

“Fireplace insert” means a solid fuel burning appliance similar in function and performance to a freestanding wood burning stove, which is made from cast iron or steel designed to be installed in an existing masonry or prefabricated fireplace.

“Forecast” means a description of the current dispersion conditions described as good, fair, or poor and including the expected PM2.5 concentrations expressed in micrograms per cubic meter.

“Home heating device” means any device designed to produce heat by burning gaseous, non-gaseous, liquid, or non-liquid fuels, for use inside a privately owned structure.

This definition includes, but is not limited to: oil furnaces, gas furnaces, wood stoves, coal stoves, wood-fired hydronic heaters, wood-fired furnaces, coal-fired hydronic heaters, coal-fired furnaces, masonry heaters, pellet stoves, cook stoves, and fireplaces.

“Hospice care” means services to a terminally ill individual of the type and under the circumstances described in 42 U.S.C. 1396d(o) as amended and applicable federal regulations.

“Hydronic” means having to do with a system moving heat from one location to another by means of the circulation of a heat transfer liquid through piping or tubing.

“Hydronic heater” means a fuel burning appliance designed to (1) burn wood or other solid fuels and (2) heat building space and/or domestic hot water via the distribution, typically through pipes, of a fluid heated in the appliance.

“Masonry heater” means a wood burning appliance that complies with the guidelines of ASTM E1602-08, Standard Guide for Construction of Masonry Heaters, and:

1. Is designed and intended for operation only in a closed combustion chamber configuration; and

2. Has enough thermal storage capacity to maintain no less than 50.0 percent of the maximum masonry-mass temperature for at least four hours after the maximum masonry-mass temperature has been reached.

“Medical facility” means an institution, building, office, or home providing medical services by licensed individuals, and includes a hospital, clinic, physician’s office, birthing center, skilled nursing facility, outpatient surgical clinic, intermediate care facility, rehabilitation facility, home health agency, and a facility providing hospice care.

“Nonattainment area” is the area depicted on the map attached to the ordinance codified in this chapter and is further defined as follows:

Township Range Delineated Boundary for the Fairbanks Nonattainment Area

MTRS F001N001 – All Sections, MTRS F001N001E – Sections 2-11, 14-23, 26-34, MTRS F001N002 – Sections 1-5, 8-17, 20-29, 32-36, MTRS F001S001E – Sections 1, 3-30, 32-36, MTRS F001S001W – Sections 1-30, MTRS F001S002E – Sections 6-8, 17-20, 29-36, MTRS F001S002W – Sections 1-5, 8-17, 20-29, 32-33, MTRS F001S003E – Sections 31-32, MTRS F002N001E – Sections 31-35, MTRS F002N001 – Sections 28, 31-36, MTRS F002N002 – Sections 32-33, 36, MTRS F002S001E – Sections 1-2, MTRS F002S002E – Sections 1-17, 21-24, MTRS F002S003E – Sections 5-8, 18.

“Opacity” means the reduction in transmitted light through a column of smoke as measured by an observer certified in using the EPA Reference Method 9 as defined in federal law.

“Particulate matter” or “PM” means total particulate matter including PM10 and PM2.5 (condensable and noncondensable fraction) and is a complex airborne mixture of extremely small particles and liquid droplets that are made up of a number of components, including acids, organic chemicals, metals, soil, or dust.

“Pellet fuel burning appliance” means a closed combustion, vented pellet-burning appliance with automatic components creating an active air flow system, sold with the hopper and auger combination as integral parts, and designed, warranted, safety listed, and advertised by the manufacturer specifically to be fueled by pellets of sawdust, wood products and other biomass materials while prohibiting the use of cordwood.

“PM2.5” means particulate matter comprised of particles that have diameters of two and one-half microns or less.

“Sale” means the transfer of ownership or control.

“School facility” means any property used exclusively for nonprofit educational purposes such that it qualifies for a mandatory exemption from municipal taxation.

“Solid fuel burning appliance” means any appliance, unless specifically excluded from this definition, designed to produce heat by burning nongaseous and nonliquid fuels. This definition includes, but is not limited to:

1. Wood stoves;

2. Coal stoves;

3. Wood-fired hydronic heaters;

4. Wood-fired furnaces;

5. Coal-fired hydronic heaters;

6. Coal-fired furnaces; and

7. Fireplace inserts.

The following appliances are specifically excluded from this definition:

1. Masonry heaters;

2. Pellet fuel burning appliances;

3. Cook stoves; and

4. Fireplaces. (Ord. 2011-32 § 2, 2011; Ord. 2011-12 § 2, 2011; Ord. 2011-03 § 2, 2011; amended by citizen initiative 10/28/10; Ord. 2010-28 § 2, 2010)

8.21.020 Prohibited acts and requirements.

A. Emissions Limit in the Nonattainment Area.

1. No person shall install or allow the installation, within the nonattainment area, of a solid fuel burning appliance unless it is listed by the borough as qualifying under this chapter and the installation complies with all other requirements imposed in this chapter. It shall be unlawful to install or fail to remove a solid fuel burning appliance installed in violation of this section. The appliance shall be so listed by the borough if:

a. The appliance is certified by the U.S. Environmental Protection Agency as meeting the federal emissions limit standard appropriate for that appliance or in the case of hydronic heaters are at least phase II qualified. For purposes of this subsection, “certified” means that the solid fuel appliance meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by the EPA in 40 CFR 60 Subpart AAA; or

b. The appliance is tested by an accredited independent laboratory, or other qualified person or entity approved by the borough, establishing that it meets the EPA emissions limit standard appropriate for that appliance or an emissions limit standard equivalent to that of a listed appliance in a similar category.

2. This section becomes effective 30 days following adoption of the ordinance codified in this chapter.

B. Borough-Wide Installation Requirements for Hydronic Heaters.

1. Setback. No person shall install or allow the installation of a hydronic heater located less than 50 feet from an adjacent property line and 70 feet from any habitable structure that it is not serving at the time of installation, unless that property or habitable structure is under common ownership or the person receives a variance from the air pollution control commission.

2. Lot Size. No person shall install or allow the installation of a hydronic heater on lots less than 80,000 square feet unless the person receives a variance from the air pollution control commission.

3. Stack Height. No person shall install or allow the installation of a hydronic heater that does not have an attached permanent stack extending two feet higher than the roof line of any then-existing residence or other habitable structure located within 140 feet of the hydronic heater unless the person receives a variance from the air pollution control commission.

4. Any hydronic heaters installed in violation of this section shall be immediately remedied or made inoperable and removed as soon as practicable.

C. Prohibited Fuels in the Nonattainment Area.

1. No person shall burn in the nonattainment area or in an air quality zone any of the following items in a solid fuel burning appliance or pellet stove:

a. Any wood that does not meet the definition of clean wood and, after September 1, 2011, has more than 20 percent moisture content;

b. Garbage;

c. Tires;

d. Materials containing plastic or rubber;

e. Waste petroleum products;

f. Paints and paint thinners;

g. Chemicals;

h. Construction and demolition debris;

i. Plywood;

j. Particleboard;

k. Saltwater driftwood;

l. Manure;

m. Animal carcasses;

n. Asphalt products;

o. Material not intended for use by the manufacturers of the appliance or stove, except that coal produced in the Interior/Healy area may be used in a coal stove even if it is not recommended for use by the manufacturer of the stove.

2. Any person burning a prohibited fuel listed in this section shall be subject to increased fine(s) as listed in the FNSB fine schedule if the burning occurs in an air quality zone or in an air quality zone located in the nonattainment area during an air quality alert.

D. Commercial Sales of Solid Fuel Burning Appliances.

1. No person shall sell or lease a solid fuel burning appliance in the borough that does not meet the emissions limits established in subsection (A) of this section unless the buyer signs an affidavit, on a form prescribed by the borough, that the appliance will not be installed in the nonattainment area.

2. No person shall commercially sell or offer for sale or lease a solid fuel burning appliance in the borough unless the commercial seller or dealer provides the prospective buyer or lessee, prior to any sales or lease agreement, with a written notice, prepared or approved by the division, that includes, but is not limited to, the following:

a. The emission limits and standards imposed in this chapter;

b. The fuel restrictions imposed in this chapter;

c. Proper installation, property location, operation, and maintenance of the appliance;

d. Responsibility to operate in a manner so as not to cause a nuisance condition;

e. An advisory statement noting that installation of solid fuel burning appliances may not be appropriate in some areas due to terrain, meteorological conditions, or other relevant conditions that render the operation of the appliance a public nuisance or health hazard even though it is otherwise legally installed and operated; and

f. Voluntary participation in the borough’s educational program. Those providing appropriate contact information will be given the opportunity to sign up for a variety of solid fuel burning educational programs offered by the borough.

3. The written notice required in this section shall be signed and dated by the prospective buyer or lessee prior to purchase or lease to indicate receipt of the notification requirements of this section.

4. The commercial dealer or seller shall mail or otherwise provide a copy of the notice, any required affidavit, and the voluntary educational sign-up form (if completed by the purchaser and given to the seller or dealer) to the division within 30 days of the sale. All commercial dealers or sellers shall also include with the notice documentation showing whether the appliance sold or leased meets the borough’s emissions standard.

5. This section becomes effective 30 days following adoption of the ordinance codified in this chapter.

E. Nuisance. No person shall cause or allow emissions of a solid fuel burning appliance that are injurious to human life or to property or that unreasonably interfere with the comfortable enjoyment of life or property. No person shall operate a solid fuel burning appliance in a manner so as to create a public or private nuisance. A violation of a provision of this chapter is hereby declared to be a nuisance.

F. Other Laws. Nothing in this code precludes other local jurisdictions from having more restrictive codes.

G. The borough shall not ban, prohibit, or fine residents for the use of home heating devices. (Ord. 2012-09 § 2, 2012; Ord. 2011-12 § 3, 2011; Ord. 2011-03 §§ 3 – 7, 2011; amended by citizen initiative 10/28/10; Ord. 2010-28 § 2, 2010)

8.21.030 Voluntary removal, replacement, or repair program.

The Fairbanks North Star Borough shall, to the extent funds are available and appropriated by the assembly, offer a removal program to provide payment for the removal of a solid fuel burning device and a replacement or repair program to help offset the costs of replacing or repairing a solid fuel burning appliance. This program shall be subject to the following eligibility requirements, conditions, and criteria:

A. General Requirements.

1. Application. An application signed by the property owner and approved by the division must be submitted along with any documentation required by the division. The application for the replacement program shall require appropriate notice in a seller’s disclosure statement. The application for the removal program shall include a signed, recordable document restricting future installations for 10 years of solid fuel burning appliances and requiring appropriate notice in a seller’s disclosure statement.

2. Priority Ranking. Applications shall be prioritized by the division which shall prioritize applications based on geographical location, type of program being utilized, the type of solid fuel burning appliance being removed, replaced, or repaired and the overall air quality benefit. Rescoring may occur every 90 days until the funds appropriated for the program have been expended.

3. Eligibility. The program is limited to legally installed appliances on property located in the nonattainment area. If an application receives a priority score sufficient to qualify for a program, the applicant will be given up to 90 days to meet all of the requirements for the type of program selected. Applicants must have no delinquent property tax or penalty or interest owing at the time of application.

4. Payments and Tax Credits. Applicants for the removal and replacement programs will be eligible for cash payments and tax credits, or cash payments only, depending on the type of program utilized. Payments and/or tax credits shall be available as follows:

a. Removal of Hydronic Heaters Manufactured for Installation and Operation Outdoors.


Total	Cash Payment and Municipal Tax Credit or Cash Payment Only
$7,500	$6,000 and 2-year tax credit at $750.00/yr or $7,500

b. Removal of Hydronic Heaters Manufactured for Installation and Operation Indoors but Not Including Modified Solid Fuel Burning Appliances with Liquid Warming Attachments.


Total	Cash Payment and Municipal Tax Credit or Cash Payment Only
$4,000	$2,500 and 2-year tax credit at $750.00/yr or $4,000

c. Removal of All Other Solid Fuel Burning Appliances.


Total	Cash Payment and Municipal Tax Credit or Cash Payment Only
$3,000	$1,500 and 2-year tax credit at $750.00/yr or $3,000

d. Replacement of Hydronic Heaters.


Total	Cash Payment and Municipal Tax Credit or Cash Payment Only
$2,500	$1,000 and 2-year tax credit at $750.00/yr or $2,500

e. Replacement of All Other Solid Fuel Burning Appliances and Any Necessary Chimney Replacement.


Total	Cash Payment
$2,500	$2,500

f. Replacement of Solid Fuel Burning Appliance and Removal of Hydronic Heater.


Total	Cash Payment
$10,000	$10,000 (up to $2,500 for replacement and $7,500 for removal)

B. Voluntary Removal Program. The voluntary removal program will provide payment for the removal of a solid fuel burning appliance so that the property would be heated by an acceptable alternative as determined by the division and which must, at a minimum, not fall within the definition of a solid fuel burning appliance, except, that any existing installed, qualified, borough-listed appliance may remain on the property. In addition to the general requirements set forth in this section, applicants must meet the following additional requirements:

1. Fully comply with the inspection process required by the division that shall ensure that the existence of the appliance to be removed from the applicant’s property and the use of an acceptable alternative is properly documented.

2. Removal of the appliance.

3. Delivery of the appliance to the authorized decommission station.

4. Certificate of destruction delivered to the division.

C. Replacement Program. The replacement program will help offset the costs of replacing an unqualified solid fuel burning appliance with a qualified, borough-listed appliance, masonry heater, pellet fuel burning appliance or non-solid fuel (e.g., gas or electric) burning appliance installed in compliance with this chapter and with the costs of upgrading the chimney to the extent required by the manufacturer of the qualified, borough-listed appliance for proper installation. Any replacement of any unqualified solid fuel burning appliance with a pellet fuel burning appliance will receive a $500.00 voucher to purchase pellets manufactured in the Fairbanks North Star Borough. In addition to the general requirements set forth in this section, applicants must meet the following additional requirements:

1. Fully comply with the inspection process required by the division that shall ensure that the existence of the appliance to be replaced from the applicant’s property is properly documented.

2. Removal of appliance.

3. Delivery of appliance to the authorized decommission station.

4. Certificate of destruction delivered to the division.

5. Verified, by applicant sworn statement and visual inspection, installation of a qualified, borough-listed appliance in compliance with this chapter.

D. Repair Program.

1. The repair program will pay for the:

a. Replacement of a wood stove’s catalytic converter that has exceeded its life span through the one-time payment of up to $750.00.

b. Replacement of any emissions-reducing component of an EPA-certified wood stove up to the maximum amount of $750.00.

c. Repair, modification or extension of chimney or smoke stack up to the maximum amount of $750.00 which either significantly reduces the amount of PM2.5 emitted or which enables a chimney or smoke stack installed prior to June 11, 2010, to meet the installation requirements of this chapter.

d. Retrofit installation of borough-approved device(s) that significantly reduces the amount of emitted PM2.5 up to the maximum amount of $1,000.

2. In addition to the general requirements set forth in this section, applicants must fully comply with any inspection process required by the division. (Ord. 2011-32 §§ 3 – 9, 2011; Ord. 2010-37 §§ 2 – 5, 2010; Ord. 2010-28 § 2, 2010)

8.21.040 Forecasting exceedances and voluntary restrictions in the nonattainment area during an alert.

A. During the winter months of October through March, the borough shall issue a daily PM forecast at 4:30 p.m. Monday through Friday. When the PM concentration reaches the onset level for an episode and is expected to remain at that level for 12 hours, an alert will be declared. Once an alert is declared, PM control measures set forth in this section shall be implemented and continued until the alert is cancelled.

B. Voluntary Restrictions in the Nonattainment Area During an Alert.

1. Residents shall be requested to voluntarily stop operation of solid fuel burning appliances, pellet stoves, and masonry heaters in the nonattainment area.

2. The division will notify local media to ensure the declared alert is broadcast. Information within the notification will contain the PM forecast and procedures to reduce sources of PM. (Ord. 2010-28 § 2, 2010)

8.21.050 Voluntary emissions standard and educational program.

A. Voluntary Standard. Each person shall attempt to operate their solid fuel burning appliance in a manner that does not cause, permit, or allow emission that creates opacity greater than 50 percent for a period or periods aggregating more than 15 minutes in any hour except during the first 20 minutes after the initial firing of a cold unit.

B. Standard Determination Method. Methods and procedures specified by the EPA in 40 CFR 60 Appendix A reference method 9 (visual determination of the opacity of emissions from stationary sources) shall be used to determine compliance with this section. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard shall constitute prima facie evidence of an improper operation of an applicable solid fuel combustion appliance.

C. Educational Outreach. If the FNSB air quality division determines that a person is exceeding this voluntary standard, the division shall make reasonable efforts to contact and advise the person, if interested, of any available assistance or other information that might assist the person in reducing the emissions. (Ord. 2011-03 § 9, 2011)