Chapter 21.28
PM2.5 AIR QUALITY CONTROL PROGRAM Revised 2/19

Sections:

21.28.010    Definitions.

21.28.020    Borough-listed appliances.

21.28.040    Enhanced voluntary removal, replacement and repair program. Revised 2/19

21.28.050    Forecasting restrictions in the air quality control.

21.28.070    The Home Heating Reclamation Act.

21.28.010 Definitions.

In this chapter, the following definitions apply:

Air quality control zone” means the area of the borough currently contained in the EPA designated nonattainment area, which uses the nonattainment area southern, western and eastern boundaries as modified by their respective intersection with the following northern boundary described as: beginning at the intersection of Isberg Road with Chena Ridge Road on the western boundary of the EPA designated nonattainment area, then following Chena Ridge Road back to Chena Pump Road and continuing north on the Parks Highway to Sheep Creek Road, then Sheep Creek Road to Miller Hill Road, then north on Miller Hill Road, then east on Yankovich, then north from Yankovich Road along the east boundary of the Large Animal Research Station to a point just north of its intersection with Nottingham Drive and follows the ridge crest across Nottingham Estates to approximately the point where Swallow Drive intersects Dalton Trail to north on Dalton Trail to the crest of the Farmer’s Loop Ridge, then follow the geographic crest of Farmer’s Loop Ridge to its intersection with the New Steese Highway, then southeast on Bennett Road, and along Steele Creek Road to the intersection of Chena Hot Springs Road, and Chena Hot Springs Road to the eastern boundary of the EPA designated nonattainment area.

Air quality index(AQI) is an index for reporting daily air quality, which indicates how polluted the air currently is or how polluted it is forecast to become. The higher the AQI value, the greater the level of air pollution and the greater the health concern. AQI is divided into six categories with correspondingly higher levels of health concern as outlined in the table below:

 

AQI
(Air Quality Index)

AQI Category

Cautionary Statement

Health Statement

0 – 50

Good

None

None

51 – 100

Moderate

Unusually sensitive people should consider reducing prolonged or heavy exertion.

None

101 – 150

Unhealthy for Sensitive Groups

People with respiratory or heart disease, the elderly, and children should limit prolonged exertion.

Increasing likelihood of respiratory symptoms in sensitive individuals, aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly.

151 – 200

Unhealthy

People with respiratory or heart disease, the elderly, and children should avoid prolonged exertion; everyone else should limit prolonged exertion.

Increased aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; increased respiratory effects in general population.

201 – 300

Very Unhealthy

People with respiratory or heart disease, the elderly, and children should avoid outdoor activity; everyone else should avoid prolonged exertion.

Significant aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; significant increase in respiratory effects in the general population.

301 – 500

Hazardous

Everyone should avoid any outdoor exertion; people with respiratory or heart disease, the elderly and children should remain indoors.

Significant aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; significant increase in respiratory effects in the general population.

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.

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.

Emergency power system” is an independent source of electrical power that supports important electrical systems on loss of normal power supply. An emergency power system may include a standby generator, batteries, and other apparatus. Emergency power systems are installed to protect life and property from the consequences of loss of normal electric power supply.

EPA” means the United States Environmental Protection Agency.

EPA certified” means that the solid fuel burning appliance meets emission performance standards when tested by an accredited independent laboratory and is labeled according to procedures specified by the EPA in 40 CFR Part 60 Subpart AAA or QQQQ.

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.

Forecastmeans a description of the current dispersion conditions described as good, fair, or poor and including the expected PM2.5 NowCast AQI categorized as good, moderate, unhealthy for sensitive groups, unhealthy, very unhealthy, or hazardous.

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; and

3. The masonry heater design and installation has been confirmed and documented by a qualified person or entity approved by the borough.

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.

NowCastmeans a weighted average of hourly air monitoring data used by the EPA for real-time reporting of the AQI for PM.

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” or “pellet stove” 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.

Proper wood storage” means specific and dedicated space to store clean wood in such a manner that the clean wood is not in contact with soil, the top of the clean wood is adequately protected from precipitation, and with airflow available to the clean wood.

Solid fuel burning appliance(SFBA) means any appliance 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;

7. Fireplace inserts;

8. Pellet fuel burning appliances;

9. Masonry heaters;

10. Cook stoves; and

11. Fireplaces.

Waste oil burning appliance” means an appliance that burns used or waste oil. (Ord. 2018-45 § 2, 2018; Ord. 2018-26 § 2, 2018; Ord. 2017-64 § 2, 2017; Ord. 2017-44 § 2, 2017; Ord. 2017-18 § 2, 2017; Ord. 2015-01 § 2, 2015; Ord. 2013-35 § 3, 2013; Ord. 2013-06 § 2, 2013; 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. 2004 Code § 8.21.010.)

21.28.020 Borough-listed appliances.

A solid fuel burning appliance shall be listed by the borough if:

A. The solid fuel burning appliance is EPA certified as meeting the federal emissions rate of 2.5 grams of PM2.5 per hour or less, or, for hydronic heaters, is EPA certified and has an emission rating of 0.10 pounds per million BTU or less; or

B. The solid fuel burning appliance is a masonry heater or cook stove; or

C. The solid fuel burning appliance is tested, including by use of a handheld or other portable device, by an accredited independent laboratory, or other qualified person or entity approved by the borough, establishing that it meets the emissions rate of 2.5 grams per hour or less. (Ord. 2018-45 § 2, 2018; Ord. 2018-04 § 3, 2018; Ord. 2017-18 § 3, 2017; Ord. 2015-73 § 2, 2016; Ord. 2015-01 § 3, 2015; Ord. 2012-61 § 2, 2012. 2004 Code § 8.21.020.)

21.28.040 Enhanced voluntary removal, replacement and repair program. Revised 2/19

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

A. General Requirements.

1. Application. An application approved by the division and signed by all property owner(s) must be submitted along with any documentation required by the division. Applications for either the removal of a solid fuel burning appliance (SFBA), or replacement of a SFBA with an emergency power system, or an appliance designed to use natural gas, propane, or home heating oil, electricity, or hot water district heat shall include a signed recordable document restricting future installations of SFBAs and requiring appropriate notice to purchasers in the seller’s disclosure statement if required by the terms and conditions of the funding source. Applicants must fully comply with the division’s inspection process which shall verify the existence of a qualifying SFBA.

2. Priority Ranking. Applications may be prioritized and may be limited by the division in its discretion based on geographical location, the overall air quality benefit and the type of SFBA or fireplace being removed, replaced or repaired.

3. Eligibility. The program is limited to properties within the air quality control zone boundary in which a qualifying SFBA or fireplace is installed. If an application is approved for the program, the applicant will be given up to 90 days to meet all of the requirements. Applicants must have no delinquent property tax or penalty or interest owing at the time of application and at completion of the program requirements.

4. Additional Requirements. In addition to the general requirements set forth in this section, applicants must also meet the following requirements:

a. Fully comply with the inspection process required by the division that shall ensure that the existence of the qualifying appliance to be removed, replaced or repaired is properly documented.

b. Removal of appliance.

c. Delivery of appliance to an authorized decommission station.

d. Certificate of destruction delivered to the division, if applicable.

e. Final installation of a qualified appliance visually verified.

f. The qualified appliance must be properly installed by a borough-listed installer attesting to proper installation of the device based on manufacturer’s installation manual, compliance with any building code requirements, and that the device is properly sized for the building in question.

g. The applicant will be required to demonstrate proper wood storage, if applicable.

h. The applicant will be required to complete training with the vendor, ensuring that they understand how their particular device operates, including education on proper wood burning techniques, if applicable.

i. All aspects of this section may be performed by borough-approved personnel or a borough-approved vendor.

5. Payments. Applicants will be eligible for reimbursements or, at the option of the applicant, payment may be made directly to a borough-approved vendor. Reimbursements and payments shall be available as follows:

a. Replacement of a hydronic heater:

i. With either an EPA certified wood or pellet stove with an emission rate less than or equal to two grams of PM2.5 per hour, or an EPA certified pellet burning hydronic heater with an emission rate equal to or less than 0.1 pounds per million BTU, or an emergency power system, up to $10,000 for purchase and installation of the new appliance.

ii. With an appliance designed to use home heating oil (excluding waste or used oil) or a masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation), up to $12,000 per eligible hydronic heater replaced for purchase and installation of the new appliance.

iii. With an appliance designed to use natural gas, propane, hot water district heat, or electricity, up to $14,000 per eligible hydronic heater replaced for purchase and installation of the new appliance.

b. Replacement of a non-borough-listed SFBA:

i. With either an EPA certified wood stove, or fireplace insert that has an emission rate less than or equal to two grams of PM2.5 per hour, or in the case of an EPA certified wood stove, PM2.5 emissions must be reduced by 50 percent and emit two grams of PM2.5 per hour or less, up to $4,000 for purchase and installation of the new appliance.

ii. With an EPA certified pellet stove that has an emission rate less than or equal to two grams of PM2.5 per hour, up to $5,000 for purchase and installation of the new appliance.

iii. With an appliance designed to use home heating oil (excluding waste oil), hot water district heat, electricity, or a masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation), or an emergency power system, up to $6,000 per eligible non-borough-listed SFBA replaced for the for the purchase and installation or the new appliance.

iv. With an appliance designed to use natural gas or propane, up to $10,000 per eligible non-borough-listed SFBA replaced for the purchase and installation of the new appliance.

c. Replacement of a borough-listed SFBA:

i. With an appliance designed to use home heating oil (excluding waste oil), hot water district heat, electricity or an emergency power system, up to $6000 per eligible borough-listed SFBA replaced for the purchase and installation of the new appliance.

ii. With an appliance designed to use natural gas or propane, up to $10,000 per eligible borough-listed SFBA replaced for the purchase and installation of the new appliance.

d. Up to a maximum of three solid fuel burning appliances or fireplaces, or combinations thereof, may be replaced with a single non-solid fuel heating device or emergency power system that meets the requirements above. The reimbursement schedule for each individual device being replaced will be combined to determine the maximum possible final reimbursement amount, with final reimbursement not to exceed the actual purchase and installation cost of the new appliance.

e. Removal of a SFBA (limited to a one-time participation in this program per property).

i. Removal of a hydronic heater through a one-time payment of $5,000.

ii. Removal of other SFBAs through a one-time payment of $2,000.

f. Repair Program.

i. 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.

ii. In addition to the general requirements set forth in this section, applicants must fully comply with any inspection process required by the division, which may be performed by a borough-approved vendor. (Ord. 2019-02 § 2, 2019; Ord. 2018-45 § 2, 2018; Ord. 2017-44 § 4, 2017; Ord. 2017-18 § 5, 2017; Ord. 2015-73 §§ 6 – 8, 2016; Ord. 2015-18 § 2, 2015; Ord. 2014-10 § 3, 2014. 2004 Code § 8.21.035.)

21.28.050 Forecasting restrictions in the air quality control.

A. During the winter months of October through March, the borough may issue a daily PM2.5 forecast and, when the division determines that the AQI category is forecasted to be moderate or higher, issue and advisory.

B. The division may notify local media to ensure the advisory is broadcast. The division may also use social media and methods of direct communication such as text messages as feasible. (Ord. 2018-45 § 2, 2018; Ord. 2018-26 § 3, 2018; Ord. 2017-44 § 5, 2017; Ord. 2017-18 § 6, 2017; Ord. 2015-29 § 3, 2015; Ord. 2015-01 § 5, 2015; Ord. 2010-28 § 2, 2010. 2004 Code § 8.21.040.)

21.28.070 The Home Heating Reclamation Act.

A. Definitions. In this section, unless the context requires otherwise, the following definitions shall apply:

Coal stove” means a heater or stove that is fueled by coal.

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

1. An oven, with a volume of 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 that dissipate the heat from the device.

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.

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.

Furnace” means an appliance fired by gas, oil, pellets, coal or wood in which air or water is heated to be circulated through a building in a heating system.

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 device for warming an interior space through radiant heating, by capturing the heat from the periodic burning of fuel (usually wood), and then radiating the heat at a fairly constant temperature for a long period.

Pellet fuel burning devices” 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.

Solid fuel heating appliance” means any appliance 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;

7. Fireplace inserts;

8. Pellet fuel burning devices;

9. Masonry heaters;

10. Cook stoves; and

11. Fireplaces.

Wood stove” means a heater or stove that is fueled by wood.

B. The Fairbanks North Star Borough, excluding the natural gas utility, shall not in any way regulate, prohibit, curtail, ban, nor issue fines or fees associated with the sale, distribution, installation or operation of solid fuel heating appliances or any type of combustible fuels. (Ord. 2018-45 § 2, 2018; added by citizen initiative 10/25/18.)