2011 Sept. 18: AK Fairbanks: (LEGAL TEXT) Borough Prop No. 2 would institute air pollution regulations
Fairbanks Daily News-Miner
… replacing the catalyst in an EPA-certified wood stove. AIR POLLUTION: If you want to learn more about the particulate pollution issue in Fairbanks, …
here is the summary of the ballot measure you will see when you go to vote:
“Shall Chapters 8.21, 1.04, and 3.08 of the Fairbanks North Star Borough Code of Ordinances be modified to provide for air quality control prohibitions, standards, incentives, and penalties?
In the nonattainment area, passage of this initiative will prohibit wood-fired hydronic heaters and coal burning appliances, add coal to the list of prohibited fuels, and remove the Interior/Healy coal exception from prohibition against using material not intended for use by the manufacturer.
Borough-wide, passage of this initiative will prohibit misuse of a heating appliance, establish standards for Visible Emissions and Emissions Crossing Property Lines, extend eligibility of the Voluntary Removal, Replacement, or Repair Program to all properties, and offer property tax credits for air quality improvements.
Passage of this initiative will modify the fines for violations of these provisions.”
• • •
• As with most initiatives, the language on the ballot is a summary of the measure. The details of the changes are spelled out in a companion document.
If the proposition is approved, most changes would begin Oct. 29, 2012.
Here are the key provisions from the language in the initiative:
• “Proper Use Protected, Misuse Prohibited: The borough shall not ban or prohibit the use of home heating devices with the exception of wood-fired hydronic heaters and coal burning appliances. The borough shall not fine residents for proper use of solid fuel burning appliances. Misuse of a heating appliance is prohibited.”
• “Highly Polluting Appliances Prohibited in the Nonattainment Area: All wood-fired hydronic heaters and coal burning appliances, excepting pellet fuel burning appliances, shall be removed or made inoperable in the nonattainment area.”
(The nonattainment area includes most heavily populated areas of the borough.)
• “Visible Emissions Standard: No person shall cause, permit, or allow the emission from a solid fuel burning appliance to create opacity greater than 30 percent for more than 15 minutes in any hour.”
• “Emissions Crossing Property Lines Standard: No person shall cause, permit, or allow the emission from a solid fuel burning appliance to impact the resident(s) of an adjacent property through the creation of a plume that crosses the adjacent property line and is 35 micrograms per cubic meter or greater than the surrounding neighborhood background PM 2.5 levels.”
• Another provision of the ordinance would prohibit the use of coal for home heating in the nonattainment area. It does not apply to power plants.
In addition, under current law, coal from Healy “may be used in a coal stove even if it is not recommended for use by the manufacturer of the stove.” That exception will be removed.
• The initiative provides a definition for “misuse,” saying it is the “burning of prohibited fuels or use of an appliance such that it violates the Visible Emissions Standard, Emissions Crossing Property Lines Standard, or is injurious to health or welfare.”
The initiative establishes a $100 fine for the misuse of a heating appliance or for the installation of or the failure to remove a prohibited appliance or a hydronic heater. A second “misuse” violation would carry a $200 fine. The first fine would be $200 in an “Air Quality Zone,” which is the area within a half-mile of schools, assisted living facilities and medical facilities.
• The initiative expands the stove replacement program, effective upon certification of the election, to all parts of the borough.
• Finally, the initiative directs the borough, “to the extent funds are available and appropriated by the assembly,” to approve tax credits to improve air quality.