EPA-452/R-93-016
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park, NC 27711
EPA-452/R-93-016
December 1993
ATT
& EPA
PM-10 INNOVATIVE STRATEGIES:
A SOURCEBOOK FOR PM-10
CONTROL PROGRAMS
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EPA-452/R-93-016
PM-10 INNOVATIVE STRATEGIES:
A SOURCEBOOK FOR PM-10 CONTROL PROGRAMS
U.S. Environmental Protection Agency
Office of Air and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
December 1993
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DISCLAIMER
This report has been reviewed by the Air Quality Management Division of the Office of Air
Quality Planning and Standards, U.S. EPA, and has been approved for publication. Mention of
specific programs, trade names, or commercial products is not intended to constitute endorsement
or recommendation for use. Likewise, this report cites several dozen specific local air quality
control programs; the inclusion or omission of any program is not intended to constitute either
a determination as to whether the program would satisfy any applicable requirements under the
Clean Air Act or an appraisal of that program.
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ACKNOWLEDGEMENTS
This report was researched and authored by Gwen Jacobs, University of Montana, Missoula in
association with the Air Quality Management Division, Office of Air Quality Planning and
Standards, U.S. EPA.
Christopher Stoneman, Project Manager in the Sulfur Dioxide/Particulate Matter Programs
Branch, provided the conceptual and administrative support that made this project possible.
True thanks must go to the over fifty individuals in local, state, and regional air quality offices
from Presque Isle, Maine to Baton Rouge, Louisiana and Boisie, Idaho who provided much of
the information and documentation contained in this report. These individuals generously offered
a level of detail that was sometimes possible through only one, two, or three telephone calls.
Very often, supporting information and additional offers of assistance arrived in the mail just
days later.
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CONTENTS
Introduction i
General Criteria iv
BULK PURCHASES 1-1
CLEAN AIR FUNDS \ 2-1
DIESEL INSPECTION PROGRAMS 3-1
ENVIRONMENTAL SCORECARD 4-1
FEES 5-1
FINES AND PENALTY ALTERNATIVES 6-1
FIREPLACE/WOODSTOVE RESTRICTIONS 7-1
FUNDING SOURCES 8-1
LEGISLATION VERSUS REGULATION 9-1
MEDIA CAMPAIGNS 10-1
PRIVATE SECTOR FINANCING 11-1
PRODUCT DEVELOPMENT 12-1
RECYCLED ASPHALT PAVING 13-1
STREET SANDING GUIDELINES 14 1
TAX CREDITS AND REBATES 15-1
TRADEABLE PERMITS 16 1
UTILITY COMPANY SUPPORT 17 1
VMT RESTRICTIONS 18-1
WEATHERIZATION 19-1
WOOD MOISTURE CONTENT RESTRICTIONS 20-1
WOODSTOVE CHANGEOUTS 21-1
WOODSTOVE REMOVALS UPON SALE OF HOME 22-1
Appendix A - Attachments A-l
Oregon Clean Air Fund A-3
Washington Clean Air Fund A-5
Arizona Diesel Inspection Program A-7
Lousiana Scorecard A-17
Oregon Fees Legislation A-22
Washington Fees Legislation A-28
Washington Fees Regulation A-29
Colorado Woodstove/fireplace Prohibition Regulation A-31
Mammoth Lakes, CA Uncertified Device Prohibition Regulation A-39
Reno, NV New Installation Prohibition Regulation A-40
Las Vegas, NV Construction Offset Requirement A-42
Missoula, MT De-icer Funding A-44
Rancho Mirage, CA Letters of Credit A-49
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Appendix A - Attachments, Continued A-52
Presque Isle, ME Street Sanding Guidelines A-52
Denver, Co Street Sanding Guidelines A-54
Montana Woodstove Tax Credit Worksheet A-59
Oregon Tax Credit A-60
Spokane, WA Tradeable Permits for Open Burning A-65
Telluride, Co Tradeable Woodstove Permits A-74
Aspen Vehicles Miles Travelled Restrictions A-81
Mammoth Lakes, CA Wood Moisture Restrictions A-86
Seattle, WA Wood Moisture Restrictions A-87
Mammoth Lakes, CA Woodstove Removal Requirement A-89
Oregon Woodstove Removal Requirement A-90
Reno, NV Woodstove Removal Requirement A-91
Appendix B - Contacts B-l
Appendix C - Documented Areas C-l
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INTRODUCTION
PURPOSE
The Environmental Protection Agency (EPA) has adopted as an explicit goal the increased
development of innovative strategies which include, but are not limited to, economic
incentives. In addressing the goal, this document provides twenty-two innovative strategies
for controlling particles with an aerodynamic diameter of less than or equal to a nominal 10
microns (PM-10). The strategies and their supporting documentation arise from actual State
and local-level PM-10 control programs. In this way, they provide an opportunity for
information sharing among air quality specialists. As Dan Redline at the Idaho Department
of Environmental Quality states, "We are always looking for new ideas to help start our
programs."
BACKGROUND
The Clean Air Act (Act), as amended in 1990, specifically encourages the use of economic
incentives to control criteria pollutants [see Sections 110(a)(2)(A) and 172(c)(6) relating to
State implementation plans (SIP) and nonattainment area requirements]. Economic incentives
are intended to promote a more flexible and efficient allocation of control requirements
among pollutant sources than has traditionally existed with command and control regulations.
They may also result in cost savings, as well as in the design of new technologies and
products.
The EPA proposed Economic Incentive Program Rules (Rules) in February 1993 to establish
criteria for acceptable economic incentive program submittals [58 Federal Register 11110
(February 23, 1993)]. While the Agency encourages cost savings and innovation, certain
traditional standards of accountability and enforceability must be maintained. The Agency
standards include the following:
* The strategy will not interfere with other provisions of the Act;
* it will result in quantifiable emission reductions to obtain SIP credits;
* it will be consistent with reasonable further progress requirements and
attainment demonstrations;
* it will create emission reductions which are surplus to reductions already
credited in the SIP;
* it will be enforceable at both the State and Federal levels; and
* it will be permanent within the timeframe specified by the program.
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In addition, the Rules outline three categories in which economic incentive programs fall:
emission limiting, market response, and directionally sound. A program's category depends
upon whether emission reductions are specified as part of the program and the program
results are quantifiable. For example, emission limiting programs directly specify limits on
total emissions, whether measured as a unit of production or as a reduction relative to the
program baseline. Such programs would include marketable permits which establish fixed
caps on allowable emissions. Likewise, some transportation control measures directly limit
emissions by reducing vehicle miles travelled.
Market-response programs provide incentives to limit emissions rather than mandate
reductions. Fees, subsidies, and tax code provisions exemplify this type of program. Each of
these strategies provides an economic incentive to alter behavior, such as reducing
woodburning. Yet, while statistics may be generated on program participation, the incentive
may not be quantifiably linked to emission reductions since the level of reductions is
dependent on how each source responds to the incentives offered by the program. This
uncertainty should be addressed in the program design.
Lastly, directionally sound programs do not yield any quantifiable reductions creditable
toward an attainment demonstration. They do, however, contribute to an area's overall
attainment status. Examples of such a program include media campaigns or the creation of a
general fund to finance community-based controls.
PJVMO SOURCEBOOK
This document examines each of the example strategies highlighted above (marketable
permits, transportation control measures, fees, subsidies, and tax code provisions) plus
numerous others. Some strategies will appear new to many readers, such as construction
offset requirements, creative penalties, and recycled asphalt paving. Other strategies will be
long familiar, such as woodstove changeout programs. It is useful to include the latter,
however, to provide a compilation of recommendations from program-specific experiences.
(Note that this document is not intended to be exhaustive but instead to provide a sampling of
the information available. Exclusion or inclusion of a program does not constitute a
determination by EPA that the program does or does not meet any applicable requirements
under the Act. The EPA determines whether programs satisfy the Act's requirements when it
reviews official SIP's submitted by States.)
A general description accompanies each strategy, followed by area-specific programs,
references and local-level contacts. References are provided for quotations and statistics.
These sources are supplemented by a section providing contacts for additional information.
The strategies are discussed, wherever possible, with an eye toward enforceability and
emission reductions credited to the SIP to assist in the adaptation of similar programs in other
areas. Also to assist with adaptation, this introduction is immediately followed by a section
which discusses general criteria to consider in program selection. Lastly, the document
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includes three appendices. Appendix A includes attachments which provide actual regulatory
language for some of the strategies discussed. The location of the attachments in Appendix A
is provided in the table of contents. Appendix B includes a list of contacts and Appendix C a
list of documented areas.
The document is intended to encourage a dynamic process of learning about innovative PM-
10 options, consulting with local-level program developers to clarify discrete points, and
brainstorming new strategies. Gretchen Bennitt at Montana's Department of Health and
Environmental Sciences underscored this need for information sharing when she proclaimed
of her own SIP development work, "You know there's got to be other people who've done
this..." As the Sourcebook demonstrates, often other offices have instituted similar programs,
and their experiences serve as invaluable guidance.
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OVERVIEW
As discussed in the Introduction, the Economic Incentive Program Rules contain standards of
approvability for economic incentive programs. These standards ensure that a proposed
program meets applicable requirements of the Act and of SIP submittals generally. In
addition, the Rules discuss criteria which must be met in most circumstances to create an
economic incentive program which is not only approvable, but effective. These criteria are
discussed below. They are followed by a section describing site-specific considerations which
PM-10 areas should examine before proposing a particular economic incentive program for
adoption. Such analysis will promote a program most tailored to and, ultimately, most
effective in the target area.
ECONOMIC INCENTIVE PROGRAM CRITERIA
Clear statement of purpose and goals, including a rationale relating the chosen
program to the original goal;
Clearly defined scope which identifies the affected sources;
Program baseline indicating PM-10 emissions or concentrations to use as the basis
for projecting and evaluating the program results;
Procedures for quantifying emission reductions for SIP credit, including emission
factors, monitoring, modelling, or calculations based on production practices;
Source requirements for monitoring, recordkeeping, and reporting;
Projected emission reductions resulting from the program using estimates of market
response, modelling, or other appropriate measures (including audit and reconciliation
procedures);
Implementation schedule for start-up, notification of affected sources, and submittal
requirements for affected sources;
Administrative procedures for implementing the strategy, such as fee collection or
issuance of permits; and
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* Enforcement mechanisms to address noncompliance with program requirements.
SITE-SPECIFIC CRITERIA
* Source Categories
The following source categories prove useful in broadly characterizing PM-10 areas.
• Area sources
• Residential wood combustion (RWC)
• Fugitive dust (FD)
• Prescribed burning (PB)
• Mobile sources
• Industrial sources
* Emissions Inventory
Numerous source types exist within each source category. The emissions inventory should be
as specific as possible to most accurately target the innovative strategy. For example, FD
may emanate from reentrained road dust on paved roads due to wintertime street sanding.
The strategy will, therefore, target street sanding practices.
• RWC: Backyard burning
Certified/uncertified woodstoves
Fireplaces
• FD: Agricultural tilling
Construction/demolition activities
Material transfer
Open area wind erosion
Reentrained dust from paved/unpaved roads
Storage piles
Vacant disturbed land
Wintertime road sanding
• PB: Agricultural burning
Silvicultural burning
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• Mobile: . Diesel tailpipe emissions
• Industrial sources
• Source Apportionment
The relative PM-10 contributions of each source type may be monitored, modelled, or
calculated based on emission factors and production practices. The results are generally
recorded as tons per day or as a percentage of total emissions. The dominance of one or
several source types should be the strongest factor in selecting an innovative control strategy.
While this point appears indisputable, it may be subsumed by pressures to develop strategies
which are less costly, represent less administrative investment, or demonstrate more
immediate PM-10 reductions. As a result, the program ultimately adopted may fail to address
the most pernicious sources of PM-10.
* Duration of Activity
The temporal nature of each source type should factor into program selection, including batch,
daily, seasonal, or annual. At the same time, the temporal nature of PM-10 emissions should
also be closely correlated fo emission loadings. For example, while open field burning may
occur for just three to four weeks each year in contrast to reentrained road dust or residential
wood combustion, its brief, but significant, impact on local health could prompt an area to
develop a program to limit the number of acres burned.
• Location
PM-10 emissions may occur area-wide, or they may be limited to commercial, industrial,
residential, or rural locations. Consideration should be given to the correlation between these
settings and population densities. Conclusions on the efficacy of a control strategy should
only be made after determination of any potential for PM-10 transport.
• Size and Economics of Affected Sources
Innovative strategies concern the flexible, efficient allocation of controi requirements among
pollutant sources. Sources may include households, private land holdings, non-incorporated
organizations, small businesses, large businesses, industrial operations, government entities,
and public lands. Weighing the criteria discussed above, the case may arise where the
smallest sources, and those least able to finance controls, will be responsible for the greatest
levels of PM-10 emissions. If these sources are controlled, the innovative strategy should be
designed to address economic limitations through, for example, the use of grants, loans,
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subsidies, rebates, tax credits, and other financing options.
* Number of Affected Sources
Some innovative strategy programs exist specifically to address the problem of a large
number of sources. Recycled asphalt paving provides a less costly method of paving
infrequently used, but numerous, unpaved roads. Conversely, some programs may be
burdened by a large number of sources, finding it unmanageable to administrate and track
compliance. Some tradeable permit programs may experience this, particularly those centered
around private, residential activities, such as woodbuming.
In gauging the constraints resulting from a large number of sources, the program developers
should refer to the Economic Incentive Program Rules Criteria in the previous section as a
checklist for feasibility. Special consideration should be given to the program's scope, source
requirements, implementation schedule, administrative procedures, and enforcement
mechanisms.
* Infrastructure Support
While a particular strategy may ideally target an area's needs, the strategy will fail to meet
the Economic Incentive Program criteria discussed in the previous section without adequate
infrastructure support. Support includes at least the following:
• An adequately staffed administrative body
• Necessary in-house or available resources (modelling, monitoring equipment)
• Funding (State and local grant programs, EPA Section 105 grants)
• Regulatory authority
• Enforcement authority and capabilities
* History of Control
An innovative strategy program may not be conducive to an area historically plagued with
deficiencies in monitoring, recordkeeping, compliance measurements, enforcement, and local
level support. Many innovative strategies require a high level of initial investment energy, as
well as organization and local commitment.
On the other hand, the development of innovative strategies has often been motivated by
shortcomings in traditional control programs. This is particularly true in the areas of fines
and funding. Therefore, a strategy may be targeted to the regulatory or administrative
deficiency while continuing to observe the necessary Economic Incentive Program Criteria
discussed in the previous section.
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* Similarity to Areas of Precedent
One relatively reliable measure of potential for an innovative strategy is the degree to which
the targeted area mirrors an area which has already set a precedent for that control strategy.
In making this determination, consideration should be given to all of the factors discussed in
the preceding paragraphs. For example, while two towns may both experience heavy PM-10
loadings due to RWC, the towns may vary widely in their demographics. A program of
tradeable permits for operating woodstoves is more feasible for a town with 800 households
than for one with an unwieldy 300,000 households. At the same time, the larger town may
also experience high levels of motor vehicle exhaust. In this case, the local control strategy
could consider both restrictions on the installation of new woodstoves and a diesel inspection
program in order to address its sources of PM-10 while adapting to local demographic
constraints.
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BULK PURCHASES
GENERAL DESCRIPTION
Bulk purchases of, for example, weatherization materials or woodburning appliances can
reduce the cost of these items for area residents. This cost savings may provide incentive for
making improvements to a poorly insulated house or for replacing an uncertified woodstove
with cleaner burning technology, resulting in PM-10 reductions. Sponsors of bulk purchases
could include the local government, employers, retailers, and civic groups.
AREA-SPECIFIC PROGRAMS
* Libby, Montana
The Lincoln County Department of Environmental Health has considered the following three
bulk purchasing options:
• Employers purchase pellet logs in bulk and distribute them to employees at
discounted prices. (This option could also include weatherization materials.)
• Local retailers work with major suppliers to organize bulk sales of
weatherization materials. (This option could also include pellet logs and
certified woodstoves.)
• Local governments assist these efforts by providing storage for materials
purchased in bulk.
* Crested Butte, Colorado
In 1989, the Town of Crested Butte, in association with the Hearth Products Association,
sponsored an aggressive local woodstove changeout program. Enticed by the large market,
five woodstove manufacturers participated, offering ten certified woodstove models. The
woodstoves sold at wholesale cost or less, representing a 40-50 percent discount for local
residents. Residents were encouraged to participate through impending restrictions on the use
of uncertified devices.
As a result of the changeout program, Crested Butte reduced residential wood heating by 44
percent and PM-10 concentrations by 40 percent. Crested Butte Town Manager Bill Crank
attributes this success to the attractiveness of discounted stoves to local residents. However,
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he cautions that Crested Butte represents a unique situation: with a local population of
approximately 1,200 people and emissions in an airshed dominated by residential wood
combustion (75-80 percent), the Colorado Department of Health recommended Crested Butte
to the woodheating industry as a study area for testing new technology (Crank). In this
context, the manufacturers had greater incentive to offer substantial discounts than in more
common woodstove changeout programs.
REFERENCES
Crank, Bill, Town Manager, Crested Butte, CO. Telephone communication (July 7, 1993).
Crouch, John and William Crank, "Update on the Crested Butte Woodstove Experiment."
PM-10 Standards and Nontraditional Particulate Source Controls (A&WMA/EPA
International Specialty Conference, 1992), p. 680-5.
Manderino, Laurie, Randy Fox and Ronald Anderson, "An Integrated Community Approach to
Reducing Residential Woodsmoke: Innovative Funding of Control Strategies." PM-10
Standards and Nontraditional Particulate Source Controls (A&WMA/EPA
International Specialty Conference, 1992), p. 716-29.
Osterburg, Robert D., "Modeling the Ambient PM-10 Impact of a Woodstove Replacement
Program in Crested Butte, Colorado." PM-10 Standards and Nontraditional
Particulate Source Controls (A&WMA/EPA International Specialty Conference, 1992),
p. 686-93.
FOR ADDITIONAL INFORMATION
Bill Crank
Crested Butte Town Manager
Box 39
Crested Butte, CO 81224
(303) 349-5338
Kendra Lind
Lincoln Co. Dept. Environmental Health
418 Mineral Ave.
Libby, MT 59923
(406) 293-7781
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CLEAN MR FIMBS
GENERAL DESCRIPTION
Community-based controls are funded through a variety of sources, including private
donations and grants. This is particularly true of woodstove changeout or weatherization
programs. However, donors are unlikely to contribute to a community's general
administrative fund because they may question whether the money will truly be allocated for
the designated purpose (Manderino, Fox and Anderson, 1992).
Some communities have established "Clean Air Funds" to address the uncertainty regarding
fiscal responsibility and accountability. The Funds act as "receiving units" for donations, with
revenues varying widely (Anderson). They may be established through statewide legislation
or by applying for nonprofit corporate status with the State and with the Internal Revenue
Service under a section 501(c)(3) tax exemption. The Funds may then be administered by the
local governing body responsible for environmental regulations or by a coalition of citizen
volunteers. Typical coalitions are comprised of representatives from several of the following
entities: Chambers of Commerce, utility companies, wood product vendors, local air quality
professionals, local health professionals, fuel suppliers, and town residents.
AREA-SPECIFIC PROGRAMS ;
* Denver, Colorado
In 1992, the Denver Metropolitan Area formed a Clean Air Fund to administer $200,000 in
donations for its woodstove changeout program. Fund contributors and organizers included
the Regional Air Quality Council, Colorado Interstate Gas Company, Hearth Products
Association, Public Service Company, Rocky Mountain Gas Association, and Bank 1.
• Lib by, Montana
Libby formed a Clean Air Fund in 1992 in association with the local Economic Development
Council. Its revenues are intended to target programs addressing woodburning practices. The
Fund is administered by individuals from the County Health Department, local businesses, the
U.S. Forest Service, area schools, and the local hospital. Funding to date consists of $4,500
from Pacific Power and Light, Champion International, and PRC Environmental, Inc.
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» Oregon and Washington
Both the States of Oregon and Washington have adopted statewide legislation establishing air
quality control program funds. Each fund is nested within its State treasury. The funds
earmark contributions and revenue as separate and distinct from the State's general fund.
In Oregon, the "Residential Wood Heating Air Quality Improvement Fund" receives all
money appropriated as gifts or grants. The State Treasurer may invest and reinvest the
revenue with interest accruing to the Fund. Fund revenue is allocated for maintaining
residential wood combustion emissions inventories, administering air quality programs, and
providing low- and no-interest loans for woodstove replacement
In Washington, the "Woodstove Education and Enforcement Account" receives all revenue
appropriated from woodstove installation fees. The Fund is designated for woodstove
education and enforcement activities.
REFERENCES
Ron Anderson, Lincoln County Department of Environmental Health, Libby, MT.
Telephone communication (June 18, 1993).
DeGroot, Henrietta K., Kenneth H. Lloyd and James P. Easton, "Reducing Wood Burning
Pollution: A Shared Value Among Diverse Partners - Draft." Regional Air Quality
Council, Denver, CO (June 1993).
Manderino, Laurie, Randy Fox and Ronald Anderson, "An Integrated Community Approach
to Reducing Residential Woodsmoke: Innovative Funding of Control Strategies." PM-
10 Standards and Nontraditional Paniculate Source Controls (A&WMA/EPA
International Specialty Conference, 1992), p. 716-29.
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FOR ADDITIONAL INFORMATION
Jamie Craighill David Collier
WA Department of Ecology OR Department of Environmental Quality
P.O. Box 47600 811 SW 6th Ave.
Olympia, WA 98504 Portland, OR 97204
(206) 438-7608 (503) 229-5177
Ken Lloyd
Regional Air Quality Council
1445 Market St., Suite 260
Denver, CO 80202
(303) 629-5835
ATTACHMENTS
Oregon Fund Regulation
Washington Fund Legislation
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GENERAL DESCRIPTION
Diesel fuel powers nearly every vehicle over 7,500 Ibs. gross vehicle weight, including most
urban trucks and buses-. Due to the nature of these vehicles, they tend to be driven more than
gasoline-powered vehicles, contributing to a disproportionate share of total vehicle miles
travelled. At the same time, diesel trucks and buses discharge up to 70 times more paniculate
than gasoline -powered vehicles (Zielinska). In California, where heavy-duty diesel vehicles
comprise just 2 percent of the total vehicle population, they contribute as much as 75 percent
of on-road PM-10 emissions (California Air Resources Board, 1992).
In response to growing air quality problems associated with diesel emissions, many urban
areas have adopted diesel inspection programs. In Denver, Colorado, for example, the diesel
inspection/maintenance program is expected to reduce particulates by approximately 15
percent from light-duty vehicles and approximately 7 percent from heavy-duty vehicles
(Colorado SIP, 1993).
AREA.SPECIFIC PROGRAMS
* California
Between November 1991 and June 1992, the State of California inspected 9,506 heavy-duty
diesel vehicles for an opacity limit of less than 20 percent. Eighty-eight percent of the
vehicles failed. The California Air Resources Board estimates that the cost of operating its
snap-idle roadside tests is equivalent to $0.47 per Ib. of PM-10 reduced.
» Arizona
In contrast to California, the State of Arizona measures diesel emissions using a dynamometer
at centralized testing stations. Vehicles are tested under load for a 20 percent opacity limit in
Phoenix, and 30 percent in Tucson due to the city's higher elevation. The program is
administered through the State's vehicle registration program and costs truck owners $10 per
inspection. Vehicle owners are issued color-coded compliance stickers and are considered
illegally registered and subject to fines without a sticker visible on the vehicle. This system
relies on local police and employers for enforcement through a visual check for compliance
stickers, a method which has been only moderately successful (Domsky).
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Arizona's experience also serves as a useful comparison for the two test methods: snap-idle
and dynamometer. Because the dynamometer consists of a centralized inspection station, it
may cost as much as $100,000 to build. It does, however, allow for better simulation of
actual driving conditions and a more accurate measurement of emissions. The snap-idle test,
which is completely mobile, costs approximately $40,000 for a van, equipment, and a data
acquisition system. Due to the snap-idle teat's flexibility, Arizona plans to switch to this
system (Domsky).
• Florida
Florida also relies on dynamometer testing, with three contractors operating 50 stations in six
counties and testing 5-6,000,000 vehicles a year. Based on the cost of testing versus emission
reductions, Florida only requires inspections of vehicles up to 10,000 Ibs. gross vehicle weight
which excludes heavy-duty trucks and buses, some of the most flagrant violators (Anderson).
Like Arizona's program, Florida charges $10 per inspection and refuses registration to
vehicles that fail. Without registration, vehicles cannot be issued license tags. Using this
system, the Florida Department of Environmental Regulation estimates 99 percent compliance
with its regulation. However, privatization of the inspection stations has been limiting; the
State has had no opportunity to recycle the $10 inspection fees into the program.
REFERENCES
Anderson, Lennon, Florida Department of Environmental Regulation, Tallahassee, Florida,
Telephone communication (July 16, 1993).
"Colorado State Implementation Plan for Paniculate Matter (PM-IO) - Denver Metropolitan
Nonattainment Area Element." Colorado Department of Health (May 1993).
"Heavy-Duty Vehicle Smoke and Tampering Inspection Program - Briefing Package." State
of California Air Resources Board (July 1992).
Zielinska, Dr. B., "Diesel Emissions: New Technology, Health Effects and Emission Control
Programs." Prepared for the Arizona Department of Environmental Quality by Desert
Research Institute (April 1991).
Domsky, Ira, Arizona Department of Environmental Quality, Phoenix, AZ. Telephone
communication (July 6, 1993).
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FOR ADDITIONAL INFORMATION
Lennon Anderson
FL Dept. Environmental Regulation
2600 Blair Stone Rd.
Tallahassee, FL 32399
(904) 488-6140
Mike Silverstein
Colorado Department of Health
4300 Cherry Creek Dr. S.
Denver, CO 80222
(303)692-3113
Ira Domsky
AZ Dept. Environmental Quality
3033 N. Central Ave.
Phoenix, AZ 85012
(602) 207-2365
ATTACHMENTS
AZ Diesel Inspection Rules
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ENVlRdNMEOTAL SCOREC^RD
GENERAL DESCRIPTION
To date, Louisiana has developed the only statewide example of an environmental scorecard.
The State designed the scorecard to tie a given company's property tax exemption to its
environmental record. In this way, the scorecard provided an economic incentive to comply
with environmental regulations.
The scorecard received awards from the Center for Policy Alternatives and the National
Environmental Awards Council, among others. Massachusetts, New Jersey, Texas, and
Bulgaria are all studying the program for possible adoption.
AREA-SPECIFIC PROGRAMS
• Louisiana
The environmental scorecard program was adopted in 1990 during the administration of
Governor Buddy Roemer. It was rescinded in 1992 by the newly elected Governor Edwin
Edwards. During its brief 1-year tenure, the scorecard resulted in 382 application submittals
with 12 companies committing to $7,030,249 worth of emission reductions in the process of
recovering property tax exemptions. Companies such as Monsanto, BP Oil, and Uniroyal
submitted plans to eliminate 141.8 million Ibs. of criteria pollutants (e.g., PM-10, sulfur
dioxide, carbon monoxide), alone, over a 5-year period (Moreau and Templet, 1992).
The scorecard focused on two primary areas of evaluation: the company's compliance record
(number of violations, fines levied, payment of fines) and its emissions per job ratio. Scoring
began at 50 on a scale of 100, meaning that a company was automatically entitled to 50
percent of its original property tax exemption. Companies were also given an opportunity to
earn bonus points.
Final scores ranged from 67.5 to 100, sending the message that the State would reward
companies that were job intensive and pollution restrictive. The State channelled money
recouped from scores of less than 100 to local-level education and transportation programs.
One of the program evaluators, Robert Moreau, declared the program an equalizer in the
penalty process, providing companies with a self-determined economic incentive to improve
their environmental records. In the process, it reminded companies that tax exemptions
constitute a policy, not a right (Moreau).
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Moreau also offered several recommendations for States considering adoption of a similar
program (Moreau, 1992):
• The scorecard should rely on a base score of 0 to eliminate automatic tax
exemptions.
• The scoring guidelines should provide for cases of severe environmental
damage.
• Bonus points should be pro-rationed over five years, instead of being re-
awarded yearly, to avoid cases of companies "resting on their laurels."
• The program should encourage media coverage. Louisiana discovered that
companies competed for favorable media coverage as fervently as for tax
exemptions. The public's understanding of the program was assisted by the
100-point scoring scale which individuals equated to grades of A, B, C, D, and
F.
REFERENCES
Moreau, Robert, (Formerly with the) Louisiana Department of Environmental Quality.
Telephone communication (June 28, 1993).
Moreau, Robert, "Louisiana's Environmental Scorecard - A Thesis." Louisiana State
University (August, 1992).
Moreau, Robert and Paul H. Templet, "Louisiana's Environmental Scorecard - Abstract."
Louisiana State University (September, 1992).
FOR ADDITIONAL INFORMATION
John Glenn
LA Dept. of Environmental Quality
P.O. Box 82263
Baton Rouge, LA 70884
(504) 765-0720
Robert Moreau
(Formerly with the LA Dept. of
Environmental Quality)
c/o Land Resources Dept.
University of Wisconsin
Madison, WI 89420
(608) 262-0651
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ATTACHMENTS
Louisiana Scorecard Rules
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FEES
GENERAL DESCRIPTION
Fees may be constructed to serve two distinct purposes. First, a fee may provide an
economic incentive to change behaviors where, for example, it is high enough to compel
individuals to seek some alternative choice. Such fees may be based upon quantity of
emissions (as in industrial processes), or they may be based upon a one time surcharge for a
behavioral choice (as in the purchase of a woodstove). In the second instance, fees may raise
revenue to fund a program. PM-10-related fees tend to fall into this category.
In designing a fee program, consideration should be given to the following three items:
• Revenue generation as a product of not only the monetary figure, but the
population affected. For example, a $30 fee on 14,000 woodstoves sold
statewide annually could gamer $420,000. Yet, for example, a $20 fee on
42,000 cords of wood sold statewide annually (assuming each stove consumes
3 cords per-year) could garner a higher $840,000.
• The burden to the fee collector and its effect on the program's compliance
rate. Effort should be made to connect fee collection with an existing
collection mechanism. Private retailers may be resistant to collect woodstove
fees on top of the appliance's selling price, for example. Alternatively, the
same woodstove fee could be added to an existing woodstove permit fee.
• The targeted population. As David Collier at the Oregon Department of
Environmental Quality points out, a fee on the sale of every cord of firewood,
for example, ties directly to the principle of polluter pays. In contrast, a
woodstove fee "hits people investing in new technology and trying to burn
cleaner" (Collier).
AREA-SPECIFIC PROGRAMS
* Oregon (Cordwood Fee)
Oregon introduced a bill during the 1993 legislative session proposing a fee of $5 per cord of
wood cut from all Federal, State, and private lands. The bill sponsors estimated that the fee
would raise as much as $2-4 million annually for funding State PM-10 control programs. The
bill was not adopted and will be reintroduced in a future session.
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The bill proposed that fees be collected from Federal and State offices whenever an individual
was issued an already mandatory firewood cutting permit. Every six months, these offices
would retain 15 percent of the revenue to cover administrative costs and would remit 85
percent to the State Treasury's Residential Wood Heating Air Quality Improvement Fund.
Private landowners would be held liable for fee collection and remittance to the Department
of Environmental Quality each calendar quarter. However, Collier claims that the program is
primarily targeted to just 25 large Federal and State landholdings (Collier).
* Oregon (Open Burning Permit Fee)
Oregon currently assesses a fee on agricultural open field burning to fund the State's Smoke
Management Program. The fee is $2 per acre to register to burn and $8 per acre for actual
open field burning. Counties and rural fire protection districts collect the fees with half of the
revenue designated for PM-10 monitoring, enforcement, and other control measures. The
other half is designated for research on alternatives to open field burning, such as straw
utilization.
» Washington
During the 1980's, Washington began the collection of $5 per solid fuel burning device sold
at retail. In 1991, the State raised the fee to $30. Retailers are liable for collection and must
remit fees to the Department of Revenue in conjunction with State sales tax. Revenue from
the program is designated for the State Treasury's Woodstove Education and Enforcement
Account to fund activities including education on health effects of woodburning, efficient
burning practices, and the benefits of woodstove replacement.
REFERENCES
Collier, David, Oregon Department of Environmental Quality, Portland, OR. Telephone
communication (July 12, 1993).
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FOR ADDITIONAL INFORMATION
David Collier
OR Dept. Environmental Quality
811 SW6thAve.
Portland, OR 97204
(503) 229-5177
Jamie Craighill
WA State Dept. of Ecology
P.O. Box 47600
Olympia, WA 98504
(206) 438-7608
Chuck Craig
OR Dept. of Agriculture
635 Capitol St., NE
Salem, OR 97310
(503) 378-3810
ATTACHMENTS
Oregon Amendment on Fees
Washington Statute on Fees
Washington Regulation on Fees
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FINES ANB PENAL/TY
GENERAL DESCRIPTION
Countless examples of fines exist within PM-10 regulations. In Arizona, a diesel-fueled
vehicle which fails to obtain the legally required emissions inspection faces fines increasing
from $300 to $500 to a criminal offense. In Fresno, California, an illegally installed
woodstove or fireplace warrants a fine of $2,000. In Crested Butte, Colorado homeowners
who failed to replace uncertified woodstoves by 1989 were charged a $30 per month polluter
fee on municipal water bills.
When designing a fine, consideration should be given to the following items:
• Will the fine serve as a punishment or as an inducement to change
behavior? A large, one time fine may be considered a punishment. An
ongoing fine, such as Crested Butte's polluter fee, may serve as an economic
incentive for an individual to seek some alternative choice.
• The fine's amount may, as intended, act as a deterrent from engaging in
specific activities. However, if too large, the fine may grow counterproductive
as businesses and individuals avoid detection at all costs. John Crouch of the
Hearth Products Association warned that an exorbitant fine on the illegal
installation of a woodstove or fireplace may induce homeowners to avoid any
home inspection, including beneficial home safety inspections, for fear of a
penalty (Crouch).
• Program developers should consider where the revenue will be channelled.
Many States funnel revenues into a general fund which may fail to benefit
local air quality programs. In contrast, Oregon and Washington have
established PM-10-specific accounts in their State treasuries [see Clean Air
Funds].
The programs highlighted below focus on penalty alternatives.
AREA-SPECIFIC PROGRAMS
• South Coast Air Basin, California
In 1990, the Prosecutor's Office at the South Coast Air Quality Management District
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(SCAQMD) developed a voluntary program of "Creative Penalties." The program encourages
violators to adopt measures which create direct and significant air quality benefits in lieu of
paying cash fines. The program has now been adopted statewide in California. New York
and Texas have inquired about adopting similar programs in their States.
The SCAQMD administers the program, negotiating creative penalties with violators to ensure
that the monetary value of any measures adopted is commensurate with the original fine. A
source cannot take credit for any measures already required in its air quality control plan. In
addition, the source may be ineligible for participation in the program if it has historically
evidenced a poor compliance record.
Typical creative penalties include the purchase of electric vehicles, organizing a company
vanpool, coordinating public education programs on air pollution, and sponsoring research.
Diana Love, Chief Prosecutor at SCAQMD, States that reaction to the program has been very
positive. Companies hate to be regulated or fined, she adds; "it offends them" (Love).
Instead, creative penalties offer an opportunity for favorable public relations attention.
In other instances, the creative penalty may act as a catalyst for major environmental
improvements. A Toyota body and fender plant in the South Coast Air Basin was fined
$150,000 for a public nuisance violation on emissions and odors. Using the creative penalty
program as an incentive, the plant voluntarily revamped its entire production facility at a cost
of $5 million.
Creative penalties translate well to PM-10 regulation. In Libby, Montana, Champion
International's plywood and lumber facility was fined $40,000 on a veneer dryer violation.
The company was offered the option of purchasing $40,000 worth of weatherization materials
for area homes. Other PM-10 penalties could include street sweeping, road paving, the
purchase of certified residential woodstoves, or planting vegetative cover in the local area to
minimize wind erosion.
* Puget Sound, Washington
The Puget Sound Air Pollution Control Authority (PSAPCA) fines residential woodburners
$100 for exceeding an emissions opacity limit of 20 percent. However, violators are given
the option of attending a 2-hour class sponsored by the Washington State Energy Office and
known as "Burner's Ed." The class addresses woodsmoke health effects and woodburning
practices. It includes a video, as well as presentations from area health professionals.
During a 6-month period in 1992-93, the program's first year, an average of 20 people
attended each of the two programs held monthly. Kent Swigard of PSAPCA estimates that
the program also reached several hundred thousand people through its local media coverage.
Swigard declares the program a success, claiming that many originally hostile attendees were
"actually saying thank you" upon leaving (Swigard).
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REFERENCES
Crouch, John, Hearth Products Association, Sacramento, CA. Telephone communication
(July 12, 1993).
Love, Diana, South Coast Air Quality Management District, Diamond Bar, CA. Telephone
communication (July 16, 1993).
Swigard, Kent, Puget Sound Air Pollution Control Authority, Seattle, WA. Telephone
communication (July 22, 1993).
FOR ADDITIONAL INFORMATION
Diana Love
SCAQMD
21865 Copley Dr.
Diamond Bar, CA 91765
(909) 396-3400 -
Kent Swigard
PSAPCA
110 Union St., Suite 500
Seattle, WA 98101
(206) 689-4044
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FlREFLlCE/WOODSTOVE RESTRHJOONS
GENERAL DESCRIPTION
Fireplace and woodstove restrictions are not new. All communities experiencing violations of
the PM-10 standard due to residential wood combustion restrict woodburning to some degree.
It is the variation in control approaches that makes discussion of fireplace and woodstove
prohibitions useful. The four most common areas of variation are summarized below.
• Areas tend to either restrict sales or installation of fireplaces and uncertified
woodstoves. One method precludes the other. If restrictions on sales include
out-of-state sellers, homeowners are left with no sources from which to
purchase illicit woodstoves. Conversely, restrictions on installations make the
availability of woodstoves immaterial.
Of the two options, restrictions on fireplace and uncertified woodstove
installations may be the preferred method, according to Craig Arrowood at the
Boisie Building Department. He attests that "It's really tough to mandate to
the public what to do with their personal property" (Arrowood). However,
permitting the sale of used woodstoves while prohibiting their local installation
may lead to "dumping" used, uncertified woodstoves in neighboring counties
and States (Taylor) [see "disposal," below].
• Programs vary in their levels of stringency, most notably in their grams per
hour requirements for emissions. EPA certified Phase II stoves may be as high
as 7.5 grams per hour weighted average and are permissible in most PM-10
nonattainment areas. Yet, regulated emission limits may go as low as 1 gram
per hour, which Andy Goodrich at the Washoe County, Nevada District Health
Department hopes will be "a little technology-forcing" (Goodrich).
• Disposal requirements are a byproduct of fireplace and woodstove
prohibitions. Regulations may require that stoves be scrapped for cash,
disabled, or destroyed. Evidence may be required for any of these options.
Alternatively, the regulation may not specify any disposal requirements. In this
case, local officials should consider the potential for dumping used, uncertified
woodstove in neighboring counties and States, as mentioned above.
• Enforcement provisions may target home building code permits or they may
target home inspections. Building code requirements already exist in all
communities and represent a less labor intensive means of enforcement. In
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either case, fireplace and woodstove prohibitions can be difficult to enforce,
states Jamie Craighill at the Washington State Department of Ecology, but they
can be assisted by three pressures: pressure on retailers to comply, social
pressures to reduce woodburning, and pressure from insurance companies
(Craighill). In the latter case, homes with illegally-installed fireplaces or
woodstoves may be denied insurance coverage or compensation for claims.
AREA-SPECIFIC PROGRAMS
* Colorado
In Colorado, "No person shall advertise to sell, offer to sell, or sell" a woodstove unless it has
been certified. This regulation includes woodstoves from out-of-state. Program developers
reason that limitations on the sale of uncertified woodstoves will effectively prohibit their
installation (Colorado SIP, 1993).
Additionally, in the Denver Metropolitan Area, regulations prohibit the installation of
fireplaces, except for approved gas appliances and inserts. The prohibition is enforced
through building code provisions which require a permit for new installations. The State
estimates -that of the 6,500 new homes constructed each year in the 6-county Denver area, 30
percent would have included a fireplace without an approved gas appliance or insert. The
regulation will therefore result in approximately 1,950 fewer fireplaces installed each year.
• Mammoth Lakes, California
In 1991, Mammoth Lakes adopted the inverse of Colorado's regulation. Mammoth Lakes
prohibits the installation of uncertified solid fuel burning devices, including fireplaces. All
new installations must meet EPA phase n standards. In this case, program developers reason
that limitations on installation will effectively prohibit uncertified woodstove sales within
town. As a result, the Mammoth Lakes SEP claimed an 8 microgram per cubic meter air
quality improvement for 1993 and 39 microgram per cubic meter improvement for 2005
(resulting from area growth).
* Reno, Nevada
Illustrating a high level of stringency, Reno prohibits the installation of any solid fuel burning
device in a new, single family dwelling with the exception of gas-fired appliances and those
woodstoves meeting emission limits of 1 gram per hour or less.
• Pinehurst, Idaho
Pinehurst exemplifies the problem of used, uncertified woodstove dumping. As of 1992, all
new woodstoves sold statewide in Idaho must meet EPA Phase II emission limits. However,
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there are no restrictions on the sale of used woodstoves in most of the State. This exposes
Idaho communities to used, uncertified woodstoves dumped on the market by sellers from
Oregon and Washington where their installation is prohibited (Arrowood).
REFERENCES ; _^_
"Air Quality Management Plan for the Town of Mammoth Lakes." The Great Basin Unified
Air Pollution Control District and the Town of Mammoth Lakes (November 1990).
Arrowood, Craig, Boisie Building Department, Boisie, ID. Telephone communication (July
7, 1993).
"Colorado State Implementation Plan for Paniculate Matter (PM-10) - Denver Metropolitan
Nonattainment Area Element." Colorado Department of Health (May 1993).
Craighill, Jamie, Washington State Department of Ecology, Olympia, WA. Telephone
communication (July 14, 1993).
Goodrich, Andy, Washoe County District Health Department, Reno, NV. Telephone
communication ( July 8, 1993).
"Pinehurst PM-10 SIP." Idaho Department of Health and Welfare, Boisie, ID (February
1992).
Taylor, Bill, Mammoth Lakes Planning Department, Mammoth Lakes, CA. Telephone
communication (July 13, 1993).
FOR ADDITIONAL INFORMATION
Doug Collins
Idaho Dept. of Health & Welfare
1410 N. Hilton
Boisie, ID 83706
(208) 334-5860
Mike Silverstein
CO Deptartment of Health
4300 Cherry Creek Dr. S.
Denver, CO 80222
(303)692-3113
Andy Goodrich
Washoe Co. District Health Dept.
P.O.Box 11130
Reno, NV 89520
(702)328-3750
Bill Taylor
Mammoth Lakes Planning Dept.
P.O. Box 1609
Mammoth Lakes, CA 93546
(619) 934-8983
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ATTACHMENTS
Colorado Prohibition
Mammoth Lakes, CA Prohibition
Reno, NV Prohibition
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GENERAL DESCRIPTION
To supplement State and Federal grant programs, the more successful funding sources are
discussed below. They generally target home weatherization improvements and programs to
replace uncertified residential woodstoves with either a certified woodstove or an alternative
heating system. [See Clean Air Funds, Fees, Fines, Private Sector Financing, Tax Credits and
Rebates, and Utility Company Support.]
SPECIFIC PROGRAMS
* Low-interest Bank Loans
Low-interest loans with extended terms are a common funding mechanism for woodstove
changeout programs. In Denver, Colorado, Bank One offered a 13 percent unsecured loan
(down from the normal 18- percent) to help finance woodstove replacement. However, the
low-interest loan was only nominally popular, a possible indicator that the rate was not
sufficiently low. Ken Lloyd at the Regional Air Quality Council in Denver claims that the
next strategy will be to secure a 7 percent home equity loan for woodstove replacements
(Lloyd). Revenue in Clean Air Funds may also be used to "buy down" one or two interest
points (Lind).
Banks have incentive to reduce interest rates under the Community Reinvestment Act (12
Code of Regulations 25) which requires financial institutions to extend credit to all segments
of the community, including low-income households. Providing low-interest loans satisfies
this requirement.
• Community Development Block Grants
Community Development Block Grants (CDBG's) are sponsored by the Department of
Housing and Urban Development (HUD). Grants focus on three funding categories:
economic development, housing, and public facilities. Large metropolitan areas receive
funding directly from HUD. Smaller communities receive some portion of general HUD
funding given to States.
Communities compete for CDBG's through an application process. Klamath Falls, Oregon
has been particularly successful in CDBG awards, garnering $1.44 million for home
weatherization and woodstove replacement. Klamath Falls' success was attributed to the
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"dynamic individual" who prepared the CDBG application and to the application's emphasis
on the need for low-income funding support in this area of severe PM-10 exceedance
episodes (Collier).
* Private Sector
Communities have had only limited success with private foundations because air quality
management must compete with health issues and the arts, among other things (Lind). In the
private sector, individuals and businesses remain the most consistent means of support. In
Denver, a consortium of companies contributed $200,000 to woodstove replacement, including
a 1-800 information telephone service.
• Farmers Home Administration
The Department of Agriculture Farmers Home Administration provides 0 percent loans and
up to $5000 in grants to support home construction and repair for low-income senior citizens.
This program may be accessed for woodstove replacement with either a certified woodstove
or a new heating system. However, many seniors are unaware of the program or need
assistance in filing an application.
* Community Action Agencies
Community Action Agencies receive money from the Department of Energy and may be
accessed for assistance with home weatherization improvements and woodstove replacement.
4 Regional Bioenergy Programs
Like Community Action Agencies, Regional Bioenergy Programs may provide funding for
home weatherization and woodstove replacement. These programs are known locally, for
example, as the Tennessee Valley Authority in the Southeast and the Bonneville Power
Administration in the Northwest.
REFERENCES
Collier, David, Oregon Department of Environmental Quality, Portland, OR. Telephone
communication (July 12, 1993).
Lind, Kendra, Lincoln County Department of Environmental Health, Libby, MT. Telephone
communication (July 1, 1993).
Lloyd, Ken, Regional Air Quality Council, Denver, CO. Telephone communication (July 2,
1993).
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FOR ADDITIONAL INFORMATION ~
David Collier Ken Lloyd
OR Dept. Environmental Quality Regional Air Quality Council
811 SW 6th Ave. 1445 Market St., Suite 260
Portland, OR 97204 Denver, CO 80202
(503) 229-5177 (303) 629-5835
Vickie McLane
Colorado Department of Health
4300 Cherry Creek Dr., S.
Denver, CO 80222
(303) 692-3109
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LEGlSEAtf ION VERSUS REJStlLAllON
GENERAL DESCRIPTION
Some states rely heavily on legislation to manage air quality problems while others focus on
local regulations. The discrepancy makes a discussion of relative pro's and con's useful. In
considering a campaign for a local regulation versus proposing a bill for statewide legislation,
program developers should consider the following questions (Lauderdale):
How localized is the air quality problem? (A regulation may be most appropriate.)
Will this control strategy need enforcement "teeth"? (Legislation will be helpful.)
Will the control strategy be difficult to adopt locally? (Legislation will be helpful.)
What timeframe is necessary for adoption of the control strategy? (A regulation may be most
appropriate.)
SPECIFIC PROGRAMS
Below, the relative pro's and con's of legislation and regulations are- discussed in greater
detail.
• Legislation
• Legislation offers a clear statewide mandate.
• It is standardized across the state to prevent potential violators from flocking to
areas of relative leniency.
• Because it is prescriptive, legislation may aid enforcement. A local health
department official can claim to call a woodburning curtailment alert at, say, 75
micrograms per cubic meter because it is the law.
• Legislation may empower locals with the authority to adopt regulations which
are otherwise contentious.
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• Regulation
Regulations offer locals the flexibility to address the unique nature of their air
quality problems. They may be tailored to local air quality, the source mix,
demographics, geography, and compliance history.
Regulations may be adopted more quickly than legislation. In Oregon, the
State Legislature established a general fund for air quality control programs.
However, a bill to establish authority for locals to collect fees to provision the
fund died in session. Local air quality managers must now wait for reproposal
during the next legislative session.
REFERENCES
Lauderdale, George, U.S. Environmental Protection Agency, Region X, Seattle, WA.
Telephone communication (July 16, 1993).
FOR ADDITIONAL INFORMATION
George Lauderdale Barbara Stewart
EPA Region 10 Washington Dept, of Ecology
Air and Toxics Division P.O. Box 47600
1200 Sixth Ave. Olympia, WA 98504
Seattle, WA 98101 (206) 459-6468
(206) 553-6511
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MEIHA CAMPAIGNS
GENERAL DESCRIPTION
From brochures, to fact sheets, public service announcements, and videos, communities have
produced a seemingly infinite array of media materials on PM-10. A large body of such
materials has been compiled in "Public Awareness Materials on Residential Wood
Combustion" (September 1990, EPA-450/2-90-013). This reference can be used as a starting
point for individuals drafting written information for public consumption on residential wood
combustion because in all likelihood, a sample already exists.
At the same time, three additional strategies are presented in the following section.
SPECIFIC PROGRAMS
* Production On a Low Budget
Media campaigns need not have large budgets. Instead, they may take advantage of in-kind
contributions from printers, media consultants, production studios, suppliers, writers, artists,
and others. In Libby, Montana, a speech class at the local community college wrote and
produced the town's public service announcements on PM-10 health-impacts, home
weatherization, and efficient woodburning practices.
• Broadening the Audience
Kent Swigard at the Puget Sound Air Pollution Control Authority (PSAPCA) recommends
creating a catchy media campaign (Swigard). To draw attention to its woodstove changeout
program during the 1991-92 woodburning season, PSAPCA informed the public and the press
that woodstove retailers would not only offer rebates on the purchase of new woodstoves,
they would also remove the homeowner's existing appliance.
During the 1992-93 woodburning season, PSAPCA introduced "Burner's Ed," a 2-hour class
on residential woodheating, as an alternative to levying woodburning fines [see Fines and
Penalty Alternatives]. The class reached approximately 240 people through actual attendance,
but several hundred thousand people through media attention.
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• Harnessing Public Relations Pressure
Private companies have demonstrated their zeal for competing against one another to obtain
favorable public relations attention. In the South Coast Air Basin, the South Coast Air
Quality Management District (SCAQMD) publishes a list of top 10 environmental polluters
monthly in the "Los Angeles Times." The Baton Rouge "Morning Advocate" and the New
Orleans "Times Picayune" published the results of Louisiana's environmental scorecard
program [see Environmental Scorecard]. One of the program's evaluators claimed that the
newspaper coverage created a "public forum" in which companies sought positive media
attention as vigorously as the program's intended property tax exemptions (Moreau).
REFERENCES :
Moreau, Robert, (Formerly with the) Louisiana Department of Environmental Quality.
Telephone communication (June 28, 1993).
Swigard, Kent, Puget Sound Air Pollution Control Authority, Seattle, WA. Telephone
communication (July 22, 1993).
FOR ADDITIONAL INFORMATION ™
Bill Kelly Kent Swigard
SCAQMD PSAPCA
News Bureau 110 Union St., Suite 500
21865 E. Copley Dr. Seattle, WA 98101
Diamond Bar, CA 91765 (206) 689-4044
(909) 396-3240
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PRIVME SECTOR FINANCING
GENERAL DESCRIPTION
The three programs described in this section arose from local level needs for funding
assistance. In each instance, local planners designed creative strategies to tap companies in
the private sector for fugitive dust control measure funding.
AREA-SPECIFIC PROGRAMS
* Las Vegas, Nevada (Construction Offset Requirements)
Effective August 2, 1993 all new construction projects in Las Vegas, including grading,
trenching, and generally disturbing topsoil, were required to obtain PM-10 offsets from the
paving of unpaved roads.
In Las Vegas, constructiori sites contribute approximately 20 percent of PM-10 emissions.
With the offset requirement, they are treated similar to stationary sources and are required to
remit to the Public Works Agency a 1-time payment for PM-10 emission reduction credits.
The credits are based on the site's potential to emit and currently cost $550 per ton of PM-10.
Sites less than 5 acres are exempted from the requirement.
To illustrate the program, after factoring in exemptions and credit for improvements made to
vacant, disturbed land, a 15-acre construction site would be required to pay $1,392 in credits.
The County earmarks this money exclusively for paving unpaved roads. Mike Naylor of the
Clark County Health District considers the program thoroughly equitable. Sand and gravel
facilities, he claims, handle aggregate like construction sites and have long been regulated by
SIP control plans (Naylor). In addition, the District estimates that construction sites will pass
the cost on to homebuyers at an average cost increase of just $15 per home.
Regarding the program's effectiveness, the District estimates PM-10 emission reductions from
unpaved roads of 2,000 tons per year, an overall reduction of approximately 50 percent by the
year 2001.
• Missoula, Montana (Contract to Support Chemical De-icing)
Missoula has been unable to avoid exceedances of the PM-10 standard based upon its existing
street sweeping control measures. Because the city's continued nonattainment designation
might represent additional control requirements for those local industries already in
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compliance with applicable regulations, the industries approached the city seeking some
cooperative solution.
As a result, Missoula's Public Works Department drafted a 3-year contract committing
Champion International, Louisiana Pacific, and Stone Container to $77,102 in total payments
for assisting the City in its conversion to use of a roadway chemical de-icer. The figure was
based on the cost of conversion minus what the City already paid in annual sanding and
salting materials. It also included a one-time payment of $7,500 to convert the City's
spreaders. The companies distributed the costs among themselves based upon relative PM-10
emissions.
It is important to note that the contract indicated to the companies that the exchange should
not be misconstrued as a relaxation of emission limit requirements. In addition, it was agreed
that the City would assume all expenses associated with chemical de-icing upon the contract's
expiration in 1995.
* Rancho Mirage, California (Letters of Credit)
All construction and development projects in Rancho Mirage must submit a dust control plan
to the City. Beginning in January 1993, the City required that all dust control plans be
accompanied by a letter of credit to ensure their adequacy. The letters of credit are intended
to pass the full costs of paniculate mitigation measures to the responsible construction
company. In this way, if a site fails to adequately control particulates, and the City steps in
to perform mitigation activities (such as watering), the City will be assured of a means for
reimbursement.
In the process, the City may legally enter private property to control particulates, as
necessary. It may also act as an agent on a construction company's contract with a third
party hired to control PM-10. For example, the City may call out a contracted watering truck
without first obtaining permission from the construction company.
The program affects all projects moving more than 50 cubic yards of dirt. The amount
posted on a letter of credit is based on a $2,000 flat fee and $ 1,000 per acre over the first
acre. So, for example, a 5-acre project would be required to post $6,000. On the opposite
extreme, the Vista Montana housing development was required to post $236,000. If the City
incurs no costs resulting from the project, it will return the entire amount originally posted,
plus interest.
Rancho Mirage enforces the requirement through inspections conducted by the Public Works
Department and claims a 100 percent inspection rate. The City also investigates public
complaints. When a violation is found, the construction company might be told "You have
one hour to get a water truck out here" (Mitton). If the City is then forced to control the site
and cannot recover costs, the bill will be assessed to the violator's county property tax. To
date, no emission reduction credits have been quantified for the program.
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REFERENCES
Mitton, Cathy, City ofRancho Mirage, Rancho Mirage, CA. Telephone communication
(My 12, 1993).
Naylor, Michael, Clark County Health District, Las Vegas, NV. Telephone communication
(June 29, 1993).
FOR ADDITIONAL INFORMATION
Joe Aldegarie
Missoula Public Works Dept.
435 Ryman
Missoula, MT 59802
(406) 523-4621
Michael Naylor
Clark County Health District
P.O. Box 4426
Las Vegas, NV 89127
(702) 383-1276
Cathy Mitton
City of Rancho Mirage
69825 Hwy. 111
Rancho Mirage, CA 92270
(619)324-4511
ATTACHMENTS
Las Vegas Offset Requirements *^
Missoula De-icer Contract
Rancho Mirage Letter of Credit Requirement
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GENERAL DESCRIPTION
The current practice of burning both agricultural and wood wastes produces large quantities of
particulates. Product development concerns the creation of alternatives to these practices. In
the process, developing a marketable product provides an economic incentive to utilize,
instead of burning, agricultural and wood products residue.
SPECIFIC PROGRAMS
• Agricultural Waste
The grass seed industry relies on annual open field burning of residual straw material to
maintain a high quality crop. Large grass seed operations exist in Idaho, Minnesota, Oregon,
and Washington with farms in the Willamette Valley, Oregon and in Spokane, Washington
experiencing some of the most significant PM-10 impacts.
In the Willamette Valley, alone, an area stretching from Eugene to Portland, nearly 400,000
acres of land are farmed annually for grass seed. Of this amount, just 160,000 acres continue
to be open burned, in part, as a result of aggressive product development. Chuck Craig of the
Oregon Department of Agriculture claims that the program is assisted by three escalating
pressures: farmers applying for permits to open burn now face a regulatory "circus"; the
public is growing increasingly resentful of the particulates resulting from open burns, and
insurance companies have increased the liability associated with open burning (Craig).
Alternatives to burning in the Willamette Valley include the following:
• Animal Feed. The Willamette Valley exported 150,000 tons of straw residue
to Japan in 1990, alone, to be utilized as a supplementary feed for cattle.
• On-farm Composting. Plowing straw residue under benefits the soil
condition.
• Firelogs. While a promising development, Don Arkell of the Lane Regional
Air Pollution Authority cautions that the ash content in straw residue firelogs is
ten times greater than in wood fiber logs due to straw's high silica content
(Arkell). This negative byproduct may handicap the firelogs' marketability.
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• Fiber Replacement. Straw can be used to replace traditional wood fiber in
products such as paper and fiberboard.
• Mulch. Straw mulch has been used on commercial crops, particularly in fruit
orchards.
• Animal Bedding. Straw residue has been used as cover in horse stables and
chicken houses.
* Wood Waste
Wood waste is a byproduct of logging operations (slash), the wood products industry, and
construction activities. Two markets, in particular, have become well-established to utilize
these wastes: firelogs and hog fuel for power stations. In both cases, the markets are limited
primarily by production capacity and the high cost of transporting wood waste (Fox).
However, claims Brian Finneran at the Oregon Department of Environmental Quality, slash
utilization "is really picking up" (Finneran).
The Environmental Defense Fund estimates that 22 million tons of forest slash are available
in the Western States, an amount that would translate to roughly 865 million megawatt hours
of electricity. Already, companies including Costco, K-Mart, and BuyMart are utilizing slash
for picture frames and moldings.
Slash utilization will only increase, Finneran predicts, with growing attention focused on the
forest health issue (Finneran). Due to management practices in recent decades, millions of
acres of dead and dying Western forests now pose a serious threat of wildfires. For example,
in the Blue Mountains of Oregon, alone, four million acres of dead trees and brush pose a
serious fire hazard. This threat has created increasing pressure on finding markets for wood
fiber.
Recognizing the growing market for hog fuel, several private companies have contacted
Finneran for information regarding the potential for new electricity generating facilities in
Western States. The marketability of hog fuel in these States has grown especially attractive
as the cost of hydropower generation increases and its capacity decreases. Yet, as Finneran
cautions, with a 35 Megawatt facility requiring approximately 250,000 tons per year of raw
material, long-term contracts for a stable supply of material within a cost-effective 50-mile
radius of the facility "will be hard to come by" (Finneran).
Examples of existing firelog and hog fuel enterprises are presented below.
• Firelogs. Hoodoo Mountain Pellets in Libby, Montana is one example of an
enterprise devoted to wood waste utilization. Hoodoo relies on planer shavings
from Champion International, its neighboring plywood and lumber mill. In this
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application, claims company owner Lee Disney, planer shavings are preferred
to forest slash since they contain no "bark, bugs, or dirt" (Disney).
Disney adds that the market for firelogs is "enormous," namely because the
cost of firelogs is roughly equivalent to the cost of purchased cordwood.
Although firelogs are more expensive per unit, they burn more efficiently,
thereby reducing the overall quantity purchased (Lind).
Hog Fuel. Wheelabrator in Anderson, California is a 49 Megawatt electric
generating facility. The company relies on urban woodwaste, timber mill
residue, and forest slash to fuel its boilers. The high cost of .electricity in
California makes it profitable for Wheelabrator to operate. In addition, the
company operates under the Public Utilities Regulatory Policy Act of 1978
which makes it easier for small companies to enter the electricity generation
market. However, because Wheelabrator must be within a 50-mile radius of its
supply market to maintain feasible operating costs, the stability of its future
supply is tenuous (Finneran).
REFERENCES
Arkell, Don, Lane Regional Air Pollution Authority, Springfield, OR. Telephone
communication (June 26, 1993).
Craig, Chuck, Oregon Department of Agriculture, Salem, OR. Telephone communication
(June 26, 1993).
Disney, Lee, Hoodoo Mountain Pellets, Libby, Montana. Telephone communication (July 1,
1993).
Finneran, Brian, Oregon Department of Environmental Quality, Portland, OR. Telephone
communication (July 20, 1993).
Fox, Pat, Bonneville Power Administration, Portland, OR. Telephone communication (July
12, 1993).
Grass Straw Utilization. CH2M Hill in conjunction with Oregon State University (February
1991).
Lind, Kendra, Lincoln County Department of Environmental Health, Libby, MT. Telephone
communication (July 12, 1993).
"Status Report - Alternative Energy Strategy." Environmental Defense Fund (April 5,
1993).
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FOR ADDITIONAL INFORMATION
Don Arkell
Lane Reg. Air Pollution Authority
225 N. 5th St., Suite 501
Springfield, OR 97477
(503) 726-2514
(Straw residue utilization)
Chuck Craig
OR Dept. of Agriculture
635 Capitol St., NE
Salem, OR 97310
(503) 378-3810
(Straw residue utilization)
John Core
WESTAR
1001 S.W. 5th Ave.
Suite 1000, #45
Portland, OR 97204
(503) 220-1660
(Wood waste utilization)
Brian Finneran
OR Dept. Environmental Quality
811 S.W. 6th Ave.
Portland, OR 97204
(503) 229-6278
(Wood waste utilization)
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RECtfcllfi ASPHALT
GENERAL DESCRIPTION
Recycled asphalt paving (RAP) represents a less costly method of paving roadways than
traditional hot asphalt paving (also known as strip paving). While more expensive per mile
than basic road watering on unpaved and gravel roads, RAP is treated with an oil-based
emulsion product which prevents it from breaking down into PM-10-producing aggregate as
readily as gravel. RAP, therefore, offers a middle-ground option which may be ideally suited
to residential and rural areas.
Many transportation and road departments nationwide have experimented with RAP with
varying degrees of success. The most common criticism is disintegration through traffic
wear. However, as Scott Schnell at the Street Maintenance Department in Eagle River,
Alaska claims, "It boils down to quality control.. .it's totally reliant on how you maintain it"
(Schnell).
AREA-SPECIFIC PROGRAMS
• Eagle River, Alaska
The Eagle River Street Maintenance Department surfaced 34 miles of roadway with RAP
between 1987 and 1993 with an eventual goal of 110 miles (Schnell). The Town estimates
that its road treatment program, which includes both RAP and strip paving, has reduced PM-
10 concentrations from road dust by 54 percent. Local air pollution officials further estimate
that RAP has a silt content of just 0.7 percent in comparison to 10.9 percent for unpaved
roadways. Its efficiency based on silt loadings, therefore, approaches that of strip paving.
In Eagle River, RAP consists of asphalt salvaged from road projects. The material is run
through a rock crusher with a 1" screen. After grading the roadbed, crews lay a 3-4" layer of
RAP, spray it with water, and grade it again before compacting the surface with a roller.
Finally, the surface is sealed with CSS-1, a commercial oil.
Eagle River estimates that its RAP-treated roads cost $24,000 per miles. In contrast, strip
paving can be as high as $150,000 per mile. (CSS-1, alone, sprayed on unpaved roadways
costs $2,100 per mile but represents a substantially reduced control efficiency.) Eagle River
has improved RAP's cost effectiveness by stockpiling its own project-salvaged asphalt; the
town formerly purchased crushed asphalt from commercial vendors in Anchorage at $7 per
ton.
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Finally, some transportation departments have criticized RAP for its disappointing 3-year
lifetime. In Eagle River, however, Schnell predicts a 10 to 12-year life through periodic
regrading and oiling.
• Missoula, Montana
Missoula also stockpiles asphalt from its own street repair projects to use for RAP. The
City's Public Works Department targets unpaved alleyways, again roads with intermittent use.
Joe Aldegarie at the Public Works Department estimates a lifetime of 10-15 years, "easily,"
for the City's RAP-treated roads (Aldegarie).
REFERENCES
Aldegarie, Joe, Missoula Public Works Department, Missoula, MT. Telephone
communication (July 12, 1993).
"Eagle River PM-10 Control Plan." Municipality of Anchorage, AK, Department of Health
and Human Services (September 24, 1991).
"Eagle River PM-10 Control Plan Status Report." Anchorage Air Pollution Control Agency
(January 27, 1993).
Schnell, Scott, Street Maintenance Department, Eagle River, AK. Telephone communication
(June 30, 1993).
FOR ADDITIONAL INFORMATION
Joe Aldegarie Stephen Morris
Missoula Public Works Department Air Pollution Control Agency
435 Ryman P.O. Box 196650
Missoula, MT 59802 Anchorage, AK 99519
(406) 523-4621 (907) 343-4713
Scott Schnell
Eagle River Street Maintenance Dept.
16707 Coronado St.
Eagle River, AK 99577
(907) 694-3487
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STREET
GENERAL DESCRIPTION
In many communities, reentrained road dust contributes significantly to local PM- 10
violations. In areas with heavy snowfall, much of this dust results from road sanding
materials, crushed by tire compaction into fine particles throughout the winter and spring.
While road sanding alternatives, such as chemical de-icers, offer some relief, their impacts on
local water quality are still being measured. Therefore, claims Ken Lloyd at the Regional Air
Quality Council in Denver, Colorado, "Our first approach has been better [road sanding]
management practices" (Lloyd).
AREA-SPECIFIC PROGRAMS
* Presque Isle, Maine
To address the problem of-fine particle compaction, Presque Isle now requires that sanding
materials be greater than 4 percent silt by weight. The Town also requires materials to meet
degradation specifications.
* Denver, Colorado
In Denver, where road dust contributes as much as 67 percent of total PM-10 loadings, a
coalition of public works officials and industry representatives developed Street Sanding
Guidelines in 1991. The Guidelines range from requirements that crews lay no more than
500 Ibs of materials per lane mile, to snowplowing before sanding. They were distributed to
all public works directors, city councils, and county commissioners in the 6-county Denver
area. The guidelines were supplemented with technical training sessions for street crews.
Through adherence to the Guidelines, area street crews have reduced the use of sanding
materials by 20-30 percent. Some crews have obtained reductions as high as 50 percent. The
Colorado SIP claims emission reduction credits of 16-25 percent. The Regional Air Quality
Council tracks compliance with the Guidelines by requiring reports on quantities of sanding
material used. The Colorado Department of Health enforces the Guidelines, investigating
suspected violations.
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REFERENCES
"Colorado State Implementation Plan for Paniculate Matter (PM-10) - Denver Metropolitan
Nonattainment Area Element." Colorado Department of Health (May 1993).
Lloyd, Kenneth, Regional Air Quality Council, Denver, CO. Telephone communication
(July 2, 1993).
FOR ADDITIONAL INFORMATION
Matthew Cairns Ken Lloyd
EPA Region 1 Regional Air Quality Council
Air Management Division 1445 Market St., Suite 260
John F. Kennedy Federal Building Denver, CO 80202
One Congress St. (303) 629-5835
Boston, MA 02203
(617) 565-4982
ATTACHMENTS
Presque Isle Sanding Guidelines
Denver Sanding Guidelines
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TAX CREDITS AND REBATES
GENERAL DESCRIPTION
Tax credits and rebates offer an incentive to modify behavior based on some monetary gain.
In program design, they may either lower costs to increase the attractiveness of an option, or
they may be temporary in nature to pressure consumer choice through a "window of
opportunity."
Tax credits are usually provided as exemptions from State sales tax or as end-of-tax year
credits on State income tax. Rebates are found in the private sector where woodstove dealers,
for example, may offer anywhere from 10-50 percent discounts on purchases.
[See also Utility Company Support, and Woodstove Changeouts].
AREA-SPECIFIC PROGRAMS
* Montana (Woodstove Tax Credit)
Purchasers of pellet stoves in Montana are entitled to a State income tax credit of 20 percent
on the first $1,000 of the cost of the stove (including installation) and 10 percent on the next
$3,000. Claimed tax credits may not exceed $500. For cordwood stoves with emissions less
than 4.1 grams per hour, purchasers are entitled to 10 percent credit on the first $1,000 and 5
percent on the next $3,000. Claimed tax credits for cordwood stoves may not exceed $250.
The sliding scale is intended to provide incentive for State residents to purchase cleaner-
burning pellet stoves. Claims for tax credits may be filed using a form issued by the State.
While the program has been successful, Montana intends to sunset woodstove tax credits in 3-
4 years due to State budget limitations (Bennitt).
* Oregon (Agriculture Tax Credit)
Oregon is actively encouraging alternatives to open field burning of crop residues [see
Product Development]. Farmers who invest in facilities or equipment used to accommodate
practices other than burning may claim credit on their corporate or income taxes for up to 50
percent of the qualifying facilities or equipment. In addition, farmers are offered a 10-year
repayment schedule on loans from the State for the remaining 50 percent. A typical
application might involve a building used to house the residual straw from a grass seed crop.
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Chuck Craig at Oregon's Department of Agriculture calls the tax credit program critical for
Oregon farmers, many of whom are small family corporations. The program "very clearly
has been effective," Craig adds, and is a necessary economic incentive to encourage
alternatives to open burning (Craig).
Applicants may request a tax credit packet from the Oregon Department of Environmental
Quality (DEQ). The application is reviewed by the DEQ and the Oregon Department of
Agriculture. Qualifying farmers are then issued a "Pollution Control Certificate" to present to
the Oregon Department of Revenue.
REFERENCES
Bennitt, Gretchen, Department of Health and Environmental Sciences, Helena, MT.
Telephone communication (July 9, 1993).
Craig, Chuck, Oregon Department of Agriculture, Salem, OR. Telephone communication
(June 26, 1993).
FOR ADDITIONAL INFORMATION
Gretchen Bennitt
Dept. Health & Environmental Sciences
Cogswell Building
Helena, MT 59620
(406) 444-3027
(Woodstove tax credits)
Ken Lloyd
Regional Air Quality Council
1445 Mkt. St, Suite 260
Denver, CO 80202
(303) 629-5835
(Woodstove rebates)
Chuck Craig
Oregon Dept. of Agriculture
635 Capitol St, NE
Salem, OR 97310
(503) 378-3810
(Agricultural tax credits)
Kent Swigard
Puget Sound Air Pollution Ctrl Authority
110 Union St., Suite 500
Seattle, WA 98101
(206) 689-4044
(Woodstove rebates)
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ATTACHMENTS
Montana Tax Credit Worksheet
Oregon Tax Credit Rules
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TRADEABLE PERMITS
GENERAL DESCRIPTION
Tradeable permit programs cap permissible emission levels while allowing sources the
flexibility to trade the right to emit. Trading schemes within one source category are most
common (power plants, industrial boilers, residential woodstoves). However, increasing
attention has been given to the potential for trading between source categories (e.g. stationary
versus mobile sources) where tons of emissions equate to ton of emissions, regardless of the
source type.
AREA-SPECIFIC PROGRAMS
* Spokane, Washington (Agriculture Trading Program)
To reduce PM-10 loadings, Spokane placed a 35,000-acre cap on agricultural open burning in
the grass seed industry in 1990. Farmers must apply with the Spokane County Air Pollution
Control Authority (SCAPCA) by June 15th of each year for a permit to burn between the
following August and September. An individual farmer's permit is calculated based on the
greatest number of acres burned on that farm between 1985 and 1989, an amount referred to
as "base acreage."
Originally, farmers could transfer their rights to base acreage only to a family member
(spouse, son, or daughter), or through sale or lease. This clause resulted in a monopoly on
base acreage by existing farmers and placed new growers at a competitive disadvantage. In
response, SCAPCA developed a central base acreage account. Farmers holding base acreage
in excess of their needs may voluntarily offer the acreage for sealed, competitive bidding in
April and October of each year. The price of a base acre is determined solely by the market.
SCAPCA intends to phase-out open burning over time; for every base acre placed in the
account, only 0.9 acres may be purchased for use. In addition, for every base acre purchased,
the buyer must pay $1 to the State's Grass Seed Burning Research Account to fund research
on open burning alternatives.
* Telluride, Colorado (Woodstove Trading Program)
In 1985, Telluride required that all woodburning devices be registered with the Town Clerk.
The program was accompanied by a woodstove changeout in which only EPA-certified
devices would be granted a permit to burn. The Town established a resulting cap of 545
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woodstove permits which would be freely marketable between town residents.
Telluride's woodstove permits are deed restricted to ensure that once a permit is sold, the
home is prohibited from installing a new woodstove. In addition, to reduce the number of
wood stoves over time, installers of each new woodstove are required to purchase two permits
at a current market price of $1,500 per permit As of 1991, Telluride had a market of 338
permits with 147 permits for sale.
REFERENCES
Skelton, Eric, "Market-based Approaches to Controlling Air Pollution - Briefing Package."
Spokane County Air Pollution Control Authority (January 26, 1993).
Spencer, Peter, Former Mayor of Telluride, CO. Telephone communication (November
1992).
FOR ADDITIONAL INFORMATION
Mary Jo Schillaci
Telluride Town Clerk
Box 397
Telluride, CO 81435
(303)728-3071
Eric Skelton
SCAPCA
1101 W. College, Suite 403
Spokane, WA 99201
(509) 456-4727
ATTACHMENTS
Spokane Tradeable Permits Rules
Telluride Tradeable Permits Rules
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UTILITY COMPANY SUPPORT
GENERAL DESCRIPTION
Utility company support is just one example of a funding source [see Funding Sources]. Yet,
it warrants its own discussion since programs in this category are so diverse and prolific.
These programs have provided significant monetary support, often for communities
unsuccessful in garnering funding from other sources.
Programs range from a one-time lump contribution to a community's Clean Air Fund to on-
going consumer financing schemes [see Clean Air Funds]. They most often target home
heating system conversions, home weatherization improvements, or offer economic incentives
to reduce reliance on residential woodburning. A number of programs specify conversions of
electric heating systems rather than woodstoves. However, the profusion of homes which
heat with both electricity and woodstoves may often rely predominantly on woodheat due to
the high cost of electricity. When offered a lower cost natural gas alternative to electric heat,
therefore, homeowners may also tend to reduce woodburning.
AREA-SPECIFIC PROGRAMS
* Idaho Power Company
Between 1986 and 1989, the Idaho Power Company offered an economic incentive to homes
which heat with both electricity and woodburning in order to reduce reliance on woodheating.
The Company offered a 50 percent discount on kilowatt hours (kWhrs) which exceeded the
previous year's usage (as evidence of an increased use of electricity and a decreased reliance
on woodheat). The Idaho Power Company was motivated by a considerable surplus of
electricity generated during the winter months.
During its heyday, the discount program enrolled 4,000 customers. However, the program
failed to measure PM-10 reductions as a direct result of its financial incentives. In addition,
the Company is no longer experiencing a wintertime surplus of kWhrs. Therefore, Idaho
Power discontinued the program.
* Montana Power Company
The Montana Power Company, with sales of both electricity and natural gas, offers a program
labelled "Energy Share." The program began as an effort to relieve pressure on the
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Company's electricity grid and offers no-interest and low-interest loans for conversions to
natural gas heating systems.
* Pacific Power and Light
Begun in the late 1980's, Pacific Power and Light offers home heating audits at a nominal
charge. The Company also offers 0 percent interest loans on weatherization materials and
heating systems, including heat pumps and zonal heaters.
* Washington Water Power
Washington Water Power, which sells both electricity and natural gas, began a funding
program in 1992 to relieve pressure on its electricity grid. The Company views the program
as "demand-side management," an attempt to avoid building a new electricity generating
facility by converting customers to natural gas.
Customers are offered a $2,700 loan to convert their existing electric heat and hot water to
natural gas. However, customers are only responsible for repaying $1,140 of the loan,
interest-free, over five years. Charmin Jordan of Washington Water Power states that
although the successful program will continue, the loan will be reduced to $2,200.
FOR ADDITIONAL INFORMATION
Ken Anderson
Missoula City/County Health Dept.
301 W. Alder St.
Missoula, MT 59802
(406) 523-4755
(Montana Power)
Charmin Jordan
Washington Water Power
P.O. Box 3727
Spokane, WA 99220
(509) 482-8509
(Washington Water Power)
Craig Arrowood
Boisie Building Department
150 N. Capitol
Boisie, ID 83701
(208) 384-3822
(Idaho Power)
Kendra Lind
Lincoln Co. Dept. Environmental Health
4118 Mineral Ave.
Libby, MT 59923
(406) 293-7781
(Pacific Power & Light)
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VMT RESTRICTIONS
GENERAL DESCRIPTION
Vehicle miles travelled (VMT) restrictions are designed to limit the number of miles that
motorists drive where reentrained road dust is a major contributor to PM-10 nonattainment.
AREA-SPECIFIC PROGRAMS
+ Aspen, Colorado
With approximately 200 inches of snow each winter, Aspen's street sweeping measures could
not keep pace with the need for roadway PM-10 reductions. Additionally, the Town felt that
street sweeping treated the symptoms and not the cause of the problem (Cassin). In 1993,
Aspen adopted VMT restrictions to reduce the 140,000 miles travelled on area roadways each
day.
Aspen has raised downtown parking to $1 per hour. An outer ring of satellite parking lots
costs motorists $5 per day, with no charge for Town residents. Free shuttle buses transport
motorists from the satellite lots to their downtown destinations in 3-5 minutes. Crosstown
shuttles, which are also free, run at 10-minute intervals. To accommodate the program,
Aspen is currently adding 50 percent more buses to its fleet.
Aspen has financed its VMT program through a voter bond referendum which supported $1.4
million for the purchase of additional buses. Additionally, all revenue from parking fees will
support the free shuttle service. While the Town has not yet calculated PM-10 emission
reductions resulting from the program, Lee Cassin at the Aspen/Pitkin Environmental Health
Department declares that the program "will definitely be helpful" (Cassin). However, she
adds, the restrictions are probably insufficient to offset VMT increases as the area grows.
The Town may be forced to add additional satellite lots and to expand its $1 per hour
downtown parking area.
• Mammoth Lakes, California
Like Aspen, Mammoth Lakes concluded that street sweeping was insufficient to cope with
high loadings of wintertime sanding materials. In response, the Town established a VMT cap
of 106,000 miles per day which allows for 60 percent growth to the year 2005.
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Mammoth Lakes plans to obtain reductions in VMT through restrictions on development
projects. Developers are required to submit plans to the Town Planning Department which
demonstrate that VMT resulting from their developments will be 40 percent less than under
unrestricted conditions. Developers can make this showing through reductions in density or
by paying for the expansion of bus routes, for example.
Local air quality officials estimate that VMT restrictions will result in a 19 microgram per
cubic meter air quality improvement by 1995 and a 57 microgram per cubic meter
improvement by 2005.
REFERENCES
"Air Quality Management Plan for the Town of Mammoth Lakes." The Great Basin Unified
Air Pollution Control District and the Town of Mammoth Lakes (November 1990).
Cassin, Lee, Aspen/Pitkin Environmental Health Department, Aspen, CO. Telephone
communication (July 2, 1993).
Taylor, Bill, Town of Mammoth Lakes Planning Department, Mammoth Lakes, CA.
Telephone communication (July 13, 1993).
FOR ADDITIONAL INFORMATION
Lee Cassin Bill Taylor
Aspen/Pitkin Environmental Health Dept. Planning Department
130 S. Galena P.O. Box 1609
Aspen, CO 81611 Mammoth Lakes, CA 93546
(303) 920-5075 (619) 934-8983
ATTACHMENTS
Aspen VMT Rules
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WEATHERIZATION
GENERAL DESCRIPTION
When a poorly insulated home is properly weatherized, it can substantially reduce energy use.
This often translates to a reduction in PM-10 from homes which rely heavily on woodheating.
Weatherization measures include home audits, insulation, weather stripping, and window
replacement.
The usefulness of a weatherization program is often its ability to serve as a first step in
residential wood combustion controls. Weatherization is relatively inexpensive and is
generally very accessible for low-income communities. Funding and technical assistance may
come from local public health or planning departments, the State Department of Energy,
Farmers Home Administration, utility companies, community action agencies, and the bulk
purchase of materials [see Bulk Purchases, Funding Sources, and Utility Company Support].
Information regarding the importance of home weatherization and available assistance may be
transferred through utility 'bills, retail displays, public service announcements, brochures, and
newspapers.
AREA-SPECIFIC PROGRAMS
4 Pinehurst, Idaho
Pinehurst claimed an 8 percent emission reduction credit for weatherization measures with
funding sources from many of the organizations listed above.
REFERENCES
Manderino, Laurie, Randy Fox and Ronald Anderson, "An Integrated Community Approach
to Reducing Residential Woodsmoke: Innovative Funding of Control Strategies." PM-
10 Standards and Nontraditional Paniculate Source Controls (A&WMA/EPA
International Specialty Conference, 1992), p. 716-29.
"Pinehurst PM-10 SIP." Idaho Department of Health and Welfare, Boisie, ID (February
1992).
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FOR ADDITIONAL INFORMATION
Dan Redline
ID Department of Environmental Quality
N. Idaho Regional Office
2110 Iron wood Parkway
Coeur d'Alene, ID 83814
(208) 769-1422
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WOOD MOISTURE CONTENT RESTRICTIONS
GENERAL DESCRIPTION
Burning "green" wood emits more PM-10 than seasoned wood because it interferes with
efficient combustion. For this reason, numerous areas restrict wood moisture limits to 20
percent or less.
Wood moisture may be measured though conscientious seasoning practices. Many areas
provide brochures on stacking, covering, and seasoning wood, recommending that the wood
be given no less than 6 months to mature. Alternatively, moisture content may be measured
using a wood moisture meter. This device costs $300 on average and is pounded into a split
piece of wood like a thermometer. A moisture meter can be made available to the public on
loan from local fire stations or county health departments.
Compliance with wood moisture restrictions may be voluntary or it may be conducted through
random inspections of retail wood lots.
AREA-SPECIFIC PROGRAMS
* Mammoth Lakes, California
Mammoth Lakes restricts the wood moisture content of retail and private cordwood sales to
no greater than 20 percent between July 1st and December 31st of each year.
* Seattle, Washington
The Seattle area also restricts the sale of cordwood to no greater than 20 percent moisture
content. Any cordwood sold with a higher moisture content must be accompanied by a sales
receipt stating that the wood is unseasoned and is illegal to burn until dried to less than 20
percent.
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FOR ADDITIONAL INFORMATION "
Dan Moran Bill Taylor
Seattle/King County Dept. Public Health Planning Dept
Room 201, Smith Tower P.O. Box 1609
Seattle, WA 98104 Mammoth Lakes, CA 93546
(206) 296-4783 (619) 934-8983
ATTACHMENTS
Mammoth Lakes Moisture Rules
Seattle Moisture Rules
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WOODSTOVE GHANGEOUTS
GENERAL DESCRIPTION
Uncertified woodstove changeouts to cleaner burning appliances or to alternative heating
systems are long familiar to air quality managers in areas with PM-10 violations due to
residential wood combustion. However, the success rate of changeout programs differs
markedly.
In Crested Butte, Colorado, where woodstove replacement was mandatory after 1989, the
town estimated 100 percent compliance (Crank). In Washington's Puget Sound Area,
voluntary changeout has resulted in the replacement of 1,600 woodstoves out of a total
population of approximately 270,000 uncertified woodstoves. Many factors are involved in
changeout programs in addition to being mandatory or voluntary. These factors are discussed
in greater detail below for the purpose of assisting area's in their own program design.
SPECIFIC PROGRAM CONSIDERATIONS
4 Central Fund [see Clean Air Funds]
Denver, Colorado generated a fund of $200,000 to support its media campaign and low-
income assistance program. Contributors included the Regional Air Quality Council, Hearth
Products Association, Colorado Interstate Gas Company, Public Service Company, Rocky
Mountain Gas Association, and local retailers. Donors are more likely to contribute to a fund
specifically earmarked for a woodstove changeout because it lends greater fiscal responsibility
and accountability than a general fund.
* Community Development Block Grants [see Funding Sources]
The Department of Housing and Urban Development (HUD) provides grants for economic
development, housing, and public facilities. Klamath Falls, Oregon successfully applied for,
and was awarded, $1.44 million in HUD funding for woodstove changeout.
* Complementary Regulations [see Fireplace per Woodstove Prohibitions and Woodstove
Removal Upon the Sale of Home]
To accelerate woodstove changeout, some areas prohibit the resale or installation of
uncertified woodstoves. Other areas require the removal of a woodstove upon the sale of a
home.
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* Consortium of Industries [see Funding Sources and Utility Company Support]
Traditionally changeouts were assisted by the wood products industry. More recently, power
and natural gas companies, as well as vendors of electric and natural gas heating systems,
have begun to participate in greater numbers, recognizing the potential for new customers. In
the Puget Sound area, 25 percent of the woodstoves removed from area residences were
replaced with natural gas heating systems. In Denver replacement gas heating systems were
preferred two to one over woodstoves.
* Disposal [see Fireplace/Woodstove Prohibitions]
Because used, uncertified woodstoves may be dumped into the markets of neighboring
counties and States, areas may consider restrictions on disposal. In contrast, in Denver, BFI
collected discarded woodstoves during that city's changeout program and sold the appliances
for scrap metal.
* Industry Study Area
Small communities, such as Crested Butte and Klamath Falls, have had the advantage of
serving as wood products industry study areas for field performance tests. With the
industry's support, Crested Butte's residents were offered 40-50 percent discounts from five
manufacturers on the purchase of a new, certified woodstove.
4 Influencing Public Opinion [see Media]
"The value of good information - scientific, case studies, and anecdotal information - cannot
be overstated," claims Patti Shwayder at the Regional Air Quality Council (Shwayder, 1992).
With tremendous "fanfare" the Denver Metropolitan Air Quality Council released a report
stressing wood combustion health effects, as well as straightforward solutions. The Council
followed this with a series of "carefully orchestrated events," including workshops for local
officials to detail technical issues and case studies with a "we can do it here" attitude. The
Council also cultivated the media with briefings and advance copies of materials to create a
"bandwagon" effect of editorials, news stories, and press hooks (Shwayder, 1992).
* Polluter's Fee [see Fines and Penalty Alternatives]
To accelerate its program, Crested Butte applied a $30 per month fee to the municipal water
bills of area residents who failed to comply with the Town's mandatory woodstove
replacement requirements.
21-2
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4 Preventative Measures
Crested Butte was not designated nonattainment for PM-10 when it adopted a woodstove
changeout program in 1986. Rather, with residential wood combustion constituting 75-80
percent of the area's inventory and with strong wintertime thermal inversions, the "writing
was on the wall," claimed Town Manager Bill Crank. In addition, he added anecdotally, the
mayor and town planner suffered from asthma (Crank).
• Public Relations Contention
The Puget Sound area experienced great contentiousness with the wood products industry
when local air quality officials originally proclaimed that all woodburning is bad. At the risk
of alienating retailers and manufacturers who could assist with a changeout program, officials
adopted a new policy: learn to heat "cleanly" (Swigard).
• Inadequate Stove Sizing
Crested Butte calls its experience with improper stove sizing its only significant error (Crouch
and Crank, 1992). During the changeout program, manufacturers offered a small, non-
catalytic woodstove model at less than $500 for out of town homeowners who used woodheat
infrequently, or for those who used woodheat as a supplemental source. Unfortunately, low-
income families also selected the small stove based solely on its price. This resulted in the
installation of a number of woodstoves which were insufficient to heat the homes in which
they were installed. The woodstove dealers subsequently replaced these appliances.
* Window of Opportunity
A finite window of opportunity may pressure homeowners into replacing woodstoves that
they would not otherwise have replaced. In Denver, the woodstove changeout program and
its accompanying financial incentives ran for just two months between September and
October 1992. In Crested Butte, although the program ran for three years, from 1986 to
1989, the incentives were gradually scaled back to encourage early participation. John
Crouch of the Hearth Products Association recommends changeout programs which are
targeted to the month of January to entice reluctant homeowners who had not considered
replacing woodstoves earlier that winter (Crouch).
REFERENCES
Crank, William, Town Manager, Crested Butte, CO. Telephone communication (July 7,
1993).
Crouch, John, Hearth Products Association, Sacramento, CA. Telephone communication
(July 12, 1993).
21-3
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Crouch, John and William Crank, "Update on the Crested Butte Woodstove Experiment."
PM-10 Standards and Nontraditional Paniculate Source Controls (A&WMA/EPA
International Specialty Conference, 1992), p. 680-85.
Shwayder, Patti, "Burning Wood - A Political Perspective: Case Studies from the Denver
Region." PM-10 Standards and Nontraditional Paniculate Source Controls
(A&WMA/EPA International Specialty Conference, 1992), p. 669-79.
Swigard, Kent. Puget Sound Air Pollution Control Authority, Seattle, WA. Telephone
communication (July 22, 1993).
FOR ADDITIONAL INFORMATION
Bill Crank
Crested Butte Town Manager
Box 39
Crested Butte, CO 81224
(303) 349-5338
Ken Lloyd
Regional Air Quality Council
1445 Market St., Suite 260
Denver, CO 80202
(303) 629-5835
John Crouch
Hearth Products Association
2150 River Plaza Dr., #315
Sacramento, CA 95833
(916)567-1181
Kent Swigard
Puget Sound Air Pollution Ctrl Authority
110 Union St, Suite 500
Seattle, WA 98101
(206) 689-4044
21-4
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WOQDSTOVE REMOVAL UPON SALE OF HOME
GENERAL DESCRIPTION
A requirement that uncertified woodstoves be removed or replaced upon the sale of a home
provides an expedient method for eliminating the operation of these appliances. In the Puget
Sound area of Washington, approximately 90 percent of existing residential woodstoves are
uncertified. With the present rate of voluntary changeout, turnover "will take 100 years,"
claims Kent Swigard at the Puget Sound Air Pollution Control Authority (Swigard). In
contrast, local officials in Mammoth Lakes, California estimate that 90 percent of existing
homes and rental units, many of which contain woodstoves, will be sold within the next 15
years.
While some areas are skeptical of mandatory programs to remove uncertified woodstoves
upon the sale of a home, fearing an unnecessary burden on area realtors, other areas have
already successfully implemented such programs. Both Mammoth Lakes and Reno, Nevada
have evidenced that woodstove removal need only be one of the many disclosure
requirements in the escrow process, similar to asbestos. Removal programs are now being
adopted in Boisie, Idaho, Libby, Montana, and Seattle, Washington.
AREA-SPECIFIC PROGRAMS :
• Mammoth Lakes, California
In Mammoth Lakes, realtors are required to submit a form to the Town Planning Department
notifying the Department of a home sale involving a woodstove. The form must indicate
whether the current homeowner intends to remove or replace the woodstove.
The Planning Department checks this form against its property records to determine if the
woodstove at that residence is certified or uncertified. In this way, the Department can track
homeowner compliance with the regulation. Bill Taylor at the Mammoth Lakes Planning
Department stresses that realtors are only asked to provide notification. The Department is
responsible for all enforcement action (Taylor).
Local air quality officials estimate that the removal program will result in a PM-10 air quality
improvement of 6 micrograms per cubic meter in 1993, 10 micrograms per cubic meter in
1995, and 19 micrograms per cubic meter by the year 2000.
22-1
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* Reno, Nevada
Since 1990, Reno has required that the escrow process in home sales include either one of
two forms: a "Notice of Exemption" or a "Residential Certification Form." The Notice of
Exemption, which must be signed by the buyer and the seller, claims that there is "no air-
tight device on the premises." Alternatively, the Residential Certification Form, which must
be signed by a certified inspector, indicates whether the existing woodstove is certified or
uncertified. In either case, the forms are then forwarded to the Health Department. The title
company cannot proceed with escrow until it receives notification from the Health
Department that an uncertified wooustove has been removed from the home. The Health
Department enforces the regulation through a random inspection of approximately 10 percent
of the paper trail with a fine of $1,000 imposed on violators.
Andy Goodrich at the Washoe County District Health Department claims that realtors initially
voiced opposition to the regulation, fearing a new role as "air pollution police." However, he
adds, they now realize that they are not responsible for enforcement and that the process is
"relatively painless" (Goodrich). Craig Arrowood at the Boisie Building Department concurs.
Realtors realize that "we are selling lifestyles," he states, which includes clean air
(Arrowood).
In 1992, Reno's regulation resulted in the replacement of 248 uncertified woodstoves and
1,152 removals from a total woodstove population of 30,000.
REFERENCES
Arrowood, Craig, Boisie Building Department, Boisie, ID. Telephone communication (July
7, 1993).
"Air Quality Management Plan for the Town of Mammoth Lakes." The Great Basin Unified
Air Pollution Control District and the Town of Mammoth Lakes (November 1990).
Goodrich, Andy, Washoe County District Health Department, Reno, NV. Telephone
communication (July 8, 1993).
Swigard, Kent. Puget Sound Air Pollution Control Authority, Seattle, WA. Telephone
communication (July 22, 1993).
Taylor, Bill, Town of Mammoth Lakes Planning Department, Mammoth Lakes, CA.
Telephone communication (July 13, 1993).
22-2
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FOR ADDITIONAL INFORMATION
Andy Goodrich Bill Taylor
Washoe Co. District Health Department Planning Department
P.O. Box 11130 P.O. Box 1609
Reno, NV 89520 Mammoth Lakes, CA 93546
(702) 328-3750 (619) 934-8983
ATTACHMENTS
Mammoth Lakes Removal Rules
Oregon Removal Rules
Reno Removal Rules
22-3
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APPENDIX A - ATTACHMENTS
Appendix A-l
-------
CLEAN AIR FUNDS
Attachments for Section 2, Clean Air Funds:
Oregon Fund Regulation
Washington Fund Legislation
Appendix A-2
-------
AIR QUALITY 468AJB90
CFR 3280.709 for woodstoves installed in
manufactured dwellings, or from the stand-
ards for installation of woodstoves estab-
lished by the state Building Codes Agency..
(3) The program established under para-
graph (c) of subsection (1) of this section and
the fee established under paragraph (f) of
subsection (1) of this section shall not apply
to any woodstoye certified for emission and
testea for efficiency by the United States
Environmental Protection Agency. Nothing
in this subsection shall be construed to pre-
vent the department from enforcing certif-
ications issued by the department or the
United States Environmental Protection
Agency.
OREGON CLEAN AIR FUND (4) TO aid and advise the commission in
the adoption of emission performance stand-
[page 1 of 2] ards and testing criteria, the commission
may establish an advisory committee. The
members of the advisory committee shall in-
clude, but need not be limited to, represen-
tatives from Oregon woodstove
manufacturers. [Formerly 46a655]
468A.485 Definitions. As used in ORS
468A.490:
(1) "Area that exceeds the PM10 stand-
ard" means an area of the state that exceeds,
on or after January 1, 1990, the air quality
standard for PM10 as established by the
commission under ORS 468A.025.
(2) i "Western interior valleys" means the
area of the state encompassed by the borders
of the States of Washington and California
and the crests of the Cascade Mountain
Range on the east and the Coast Range on
the west [1991 c.752 §8a]
468A.490 Residential Wood Heating
Air Quality Improvement Fund; uses. (1)
There is created within the State Treasury a
fund known as the Residential Wood Heating
Air Quality Improvement Fund, separate and
distinct from the General Fund.
(2) All moneys appropriated or received
as gifts or grants for the purposes of this
section shall be credited to the Residential
Wood Heating Air Quality Improvement
Fund.
(3) The State Treasurer may invest and
v reinvest the moneys in the fund as provided
in ORS 293.701 to 293.776. Interest from the
moneys deposited in the fund and earnings
from investment of the moneys in the fund
shall accrue to the fund.
(4) All moneys in the Residential Wood
Heating Air Quality Improvement Fund are
continuously appropriated to the Department
of Environmental Quality to:
(a) Pay all costs incurred by the depart-
ment in maintaining residential wood heating
emissions inventories, analyzing projects and
19
Appendix A-3
-------
468A.495
PUBLIC HEALTH AND SAFETY
I
!
programs proposed for funding in accordance
with this section, administering projects and
programs selected for funding in accordance
with this section and implementing the re-
quirements of ORS 468A.475 (2) and 468A.480
UXg).
(b) Pay all reasonable costs as deter-
mined by the Environmental Quality Com-
mission for local government and regional
authority public education, emission inven-
tory maintenance, curtailment and opacity
programs to reduce residential wood heating
emission in an area that exceeds the PM10
standard or an area that is at risk of becom-
ing an area that exceeds the PM10 standard.
(c) To the extent moneys remain in the
fund after paying the costs under paragraphs
(a) and (b) of this subsection, to fund pro-
grams established under subsections (5) and
(6) of this section in a manner designed to
achieve cost-beneficial reductions in emission
of air contaminants from woodstoves, attain
federal ambient air quality standards before
deadlines specified in the Clean Air Act and
maintain compliance with such standards af-
ter the deadlines established in the Clean Air
Act.
(d) Not more than 15 percent of the total
amount of moneys received under this sec-
tion shall be expended for costs under para-
graphs (a) and (b) of this subsection.
(5) A portion of the moneys available un-
der subsection (4), of this section shall be
used by the Environmental Quality,'Commis-
sion to fund a low or no interest loan pro-
gram for wood heated households located in
the western interior valleys or in any other
county containing an area that exceeds the
PM10 standard to replace woodstoves that
were not certified under ORS 468A.480 for
sale as new on or after July 1, 1986. The
program shall include the following elements:
(a) All forms of new high-efficiency, low
air contaminant-emitting heating systems are
allowed;
(b) Any removed woodstove must be de-
stroyed;
(c) Any replacement woodstoves selected
under the program must be installed in con-
formance with building code requirements
and the manufacturer's specifications includ-
ing but not limited to chimney specifications;
and
(d) To be eligible, program participants
shall participate in any home energy audit
program provided at no charge to the home*
owner and shall obtain all information avail-
able regarding subsidies for cost-effective
weatherization. The department shall make
the information required in this subsection
readily available to program participants.
(6) A portion of the moneys available un-
der subsection (4) of this section shall be
used by the commission to fu i local gov-
ernment or regional authority programs to
provide subsidies for replacement of
woodstoves that were not certified under
ORS 468A.480 for sale as new on or after
July 1, 1986, to low income persons in wood
heated households in an area that exceeds
the PM10 standard. The local government or
regional authority programs must include the
following elements to be eligible for funding:
(a) All forms of new high-efficiency, low
emitting heating systems are allowed.
(b) All woodstoves removed are de-
stroyed.
(c) The local government or regional au-
thority adopts and enforces an ordinance
that limits emissions from woodstoves to no
visible smoke, except for steam and heat
waves, during periods of air stagnation and
to an average of 20 percent opacity at all
other times except during start up and refu-
eling as determined by the commission. This
requirement shall not be in lieu of any final
stage of woodstove curtailment required dur-
ing air stagnation if the final stage of
curtailment is necessary to prevent exceed-
ing air quality standards established under
ORS 468A.025 by the latest date allowed un-
der the Clean Air Act to reach attainment
of such standards.
(d) In an airshed requiring more than a
50 percent reduction in woodheating emis-
sions as specified in the State Implementa-
tion Plan ' control strategy for PM10
emissions, program participants shall have a
backup heat source if a certified woodstove
is selected.
(e) Any replacement woodstove selected
under the program must be installed in con-
formance with building code requirements
and the manufacturer's specifications includ-
ing but not limited to chimney specifications.
(f) To be eligible, program participants-
shall participate in any home energy audit
program provided at no charge to the home-
owner and shall obtain all information avail-
able regarding subsidies for cost-effective
weatherization. The local government or re-
gional air quality authority shall make the
information required in this subsection read-
ily available to program participants. [1991
€.7521101
468A.495 Prohibition on installation of
used woodstoves. On and after September
29, 1991, the state building code under ORS
455.010 shall prohibit installations of used
woodstoves that were not certified for sale
as new on or after July 1, 1986, under ORS
468A.480 (1). [1991 c7S2 lio.)
36-720
OREGON CLEAN AIR FUND
[page 2 of 2]
Appendix A-4
-------
WASHINGTON CLEAN AIR FUND
RCW 70.94.483 Wood stove education and enforcement account
created—Fee imposed on solid fuel burning device sales. (1) The
wood stove education and enforcement account is hereby created in
the state treasury. Money placed in the account shall include all
money received under subsection (2) of this section and any other
money appropriated by the legislature. Money in the account shall
be spent for the purposes of the wood stove education program
established under RCW 70.94.480 and for enforcement of the wood
stove program, and shall be subject to legislative appropriation.
(2) The department of ecology, with the advice of the advisory
committee, shall set a flat fee of thirty dollars, on the retail
sale, as defined in RCW 82.04.050, of each solid fuel burning
device after January 1, 1992. The fee shall be imposed upon the
consumer and shall not be subject to the retail sales tax
provisions of chapters 82.08 and 82.12 RCW. The fee may be
adjusted annually above thirty dollars to account for inflation as
determined by the state office of the economic and revenue forecast
council. The fee shall be collected by the department of revenue
in conjunction with the retail sales tax under chapter 82.08 RCW.
If the seller fails to collect the fee herein imposed or fails to
remit the fee to the department of revenue in the manner prescribed
in chapter 82.08 RCW, the seller shall be personally liable to the
state for the amount of the fee. The collection provisions of
chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove
education and enforcement account. [1991 1st sp.s. c 13 SS 64, 65;
1991 c 199 S 505;'1990 c 128 $ 5; 1987 c 405 $ 10.]
NOTES:
Effective dates—Severability—1991 1st sp.s. c 13: See notes
following RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—1987 c 405: See note following RCW 70.94.450.
RCW 70.94.510 Policy to cooperate with federal government.
It is declared to be the policy of the state of Washington through
the department of ecology to cooperate with the federal government
in order to insure the coordination of the provisions of the
federal and state clean air acts, and the department is authorized
and directed to implement and enforce the provisions of this
chapter in carrying out this policy as follows:
(1) To accept and administer grants from the federal
government for carrying out the provisions of this chapter.
(2) To take all action necessary to secure to the state the
benefits of the federal clean air act. [1987 c 109 S 49; 1969
ex.s. c 168 S 45.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
RCW (7/31/92 10:14) [ 56 ] Appendix A-5
-------
DIESEL INSPECTION PROGRAM
Attachment for Section 3, Diesel Inspection Programs:
AZ Diesel Inspection Rules
Appendix A-6
-------
ARIZONA DIESEL INSPECTION PROGRAM
Title 18. Ch. 2
Arizona Administrative Code
Department of Environmental Quality - Air Pollution Control
R18-2-907.
R18-2-908.
R18-2-909.
Rlg-2-910.
Reserved
Reserved
Reserved
Repealed
Historical Note
Adopted effective August 9,1985 (Supp. 85-4). Former Section
R9-3-910 renumbered without change as Section R18-2-910
(Supp. 87-3). Repealed effective February 26,1988 (Supp. 88-1)
R18-2-911.
R18-2-912,
Reserved
Reserved
R18-2-913. Repealed
Historical Note
Adopted effective August 9,1985 (Supp. 85-4). Former Section
R9-3-913 renumbered without change as Section R18-2-913
(Supp. 87-3). Repealed effective February 26,1988 (Supp. 88-1)
R18-2-914.
R18-2-915.
R18-2-916.
R18-2-917.
R18-2-918.
R18-2-919.
R18-2-920.
R18-2-921.
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
R18-2-922. Repealed
Historical Note
Adopted effective August 9, 1985 (Supp. 85-4). Former Section
R9-3-922 renumbered without change as Section R18-2-922
(Supp. 87-3). Repealed effective February 26,1988 (Supp. 88-1)
ARTICLE 10. MOTOR VEHICLES; INSPECTIONS AND
MAINTENANCE
R18-2-1001. Definitions
In this Article, unless the context otherwise requires:
1. Abbreviations and symbols used herein shall be as
follows:
a. "A/F" means air/fuel.
b. "CO" means carbon monoxide.
c. "COi" means carbon dioxide.
d. "GVW means gross vehicle weight.
e. "HC* means hydrocarbon.
f. "HP" means horsepower.
g. "LNG" means liquified natural gas.
h. "LPG" means liquid petroleum gas.
i. "MPH" means miles per hour.
j. "MVD" means the Motor Vehicle Division of the
Arizona Department of Transportation.
k. "NDIR" means nondispersive infrared.
1. "%" means percent
m. "OEM" means original equipment manufacturer.
n. "PPM" means parts per million by volume.
o. "VIN" means vehicle identification number.
p. "RPM" means revolutions per minute.
2. "Certificate of compliance" means a serially numbered
document issued by a state station at the time of inspection
indicating that the vehicle has met the emissions standards.
3. "Certificate of exemption" means a serially numbered
certificate issued by the Director exempting a vehicle
which is not available within the state for the inspection
during the 90 days prior to registration.
4. "Certificate of inspection" means a serially numbered
document, as may be prescribed by the Director, indicating
that a vehicle has been inspected pursuant to the provisions
of A.R.S. § 49-546 and has passed inspection.
5. "Certificate of waiver" means a serially numbered docu-
ment issued by the Department or a fleet inspector other
than an auto dealer licensed to sell used motor vehicles
pursuant to Title 28 of the Arizona Revised Statutes indi-
cating that the requirement of passing reinspection has
been waived for a vehicle pursuant to AJLS. § 49-542.
6. "Conditioning mode" means either a fast idle condition or
a loaded condition as defined in this Section.
7. "Constant four-wheel drive vehicle" means any four-
wheel drive vehicle with four wheels which cannot be
converted to two-wheel drive except by disconnecting one
of the vehicle's drive shafts.
8. "Contractor" means a person, business firm, partnership,
or corporation with whom the Director has a contract
which provides for the operation of one or more official
emissions inspection stations.
9. "Curb idle test" means an exhaust emissions test
conducted with the engine of the vehicle running at the
manufacturer's idle speed plus or minus 100 RPM but
without pressure exerted on the accelerator.
10. "Curb weight" means a vehicle's unloaded weight without
fuel and oil plus 300 pounds.
11. "Dealer" means a person or organization licensed by the
Arizona Department of Transportation as a new motor
vehicle dealer, used motor vehicle dealer, or motorcycle
dealer.
12. "Department" means the Department of Environmental
Quality.
13. "Director" means the Director of the Department of
Environmental Quality.
14. "Director's certificate" means a serially numbered docu-
ment issued by the Director in special circumstances
where the Director deems it inappropriate for the vehicle to
show evidence of meeting the minimum standards for reg-
istration or reregistration pursuant to R18-2-1022 or
R18-2-I023.
15. "Electrically powered vehicle" means a vehicle that both
uses electricity as the means of propulsion and does not
require the combustion of fossil fuel within the confines of
the vehicle in order to generate electricity.
16. "Emissions inspection station permit" means a certificate
issued by the Director authorizing the holder to perform
vehicular inspections pursuant to this Article.
17. "Exhaust emissions" means products of combustion
emitted into the atmosphere from any opening
downstream of the exhaust ports of a motor vehicle engine.
18. "Exhaust tail pipes" means the pipes that attach to the
muffler and exit the vehicle.
19. "Fast idle condition" means to operate a vehicle by
running the engine at 2500 RPM, plus or minus 300 RPM,
for up to 30 seconds, with the transmission in neutral, to
ready the vehicle for a subsequent curb idle test
20. "Field calibration gas" means a gas with assigned
concentrations of CO, hexane, or CO2 that is used by a
state inspector to check the accuracy of emissions
analyzers used by state stations, fleet stations, and
vehicular repair facilities.
21. "Fleet emissions inspection station" or "fleet station"
means any inspection facility operated under a permit
issued pursuant to A.R.S. § 49-546.
Supp. 93-1
Page58 Appendix A-7
March 31,1993
-------
Arizona Administrative Code
Title 18. Ch. 2
Department of Environmental Quality - Air Pollution Control
22. "Fuel" means any material that is burned within the
confines of a vehicle in order to be used as the means of
propelling the vehicle.
23. "Four-stroke vehicle" means a vehicle equipped with an
engine that requires two revolutions of the crankshaft for
each piston power stroke.
24. "Golf can" means a motor vehicle which has not less than
three wheels in contact with the ground, has an unladen
weight less than 1300 pounds, is designed to be and is
operated at not more than 15 miles an hour, and is designed
to carry golf equipment and persons.
25. "Governmental vehicle" means a registered motor vehicle
exempt from the payment of a registration fee or a
federally-owned or leased vehicle.
26. "Gross vehicle weight rating" (GVWR) means the
maximum vehicle weight that the vehicle is designed for as
established by the manufacturer.
27. "Gross weight" means the sum, measured in pounds, of the
empty weight of a motor vehicle combination plus the
weight of the maximum load to be carried thereon at any
one time, except that for tow trucks, gross weight means
the sum of the empty weight of the tow truck plus the
weight of operational supplies and equipment.
28. "Inspection" means the mandatory vehicular emissions
inspection including the tampering portion.
29. "Inspection sticker" means a self-adhesive, serially num-
bered one-and-one-half inch by two-inch rectangular
sticker indicating a governmental vehicle has met the state
of Arizona emissions inspection requirements.
30. "Loaded condition" means to condition a vehicle by
running the vehicle on a chassis dynamometer at a
specified speed and load for up to 30 seconds to ready the
vehicle for a subsequent curb idle test
31. "Loaded cruise test" means an exhaust emissions test
conducted on a chassis dynamometer as prescribed in
R18-2-1006.
32. "Model year" means either the date of manufacture of the
original vehicle within the annual production period of
such vehicle as designated by the manufacturer or, if a
reconstructed vehicle, the first year of titling.
33. "MOL percent" means the percent, by volume, that a
particular gas occupies in a mixture of gases at a uniform
temperature.
34. "Motorcycle" means a motor vehicle, other than a tractor.
having a seat or saddle for use of the rider and designed to
travel on not more than three wheels in contact with the
ground.
35. "Motorhome" means a vehicle built on a truck or bus
chassis and equipped as a self-contained traveling home.
36. "New aftermarket catalytic converter" or "new after-
market converter" means a catalytic converter, except for
an OEM, that meets the standards defined in
Rl 8-2-1031 (A).
37. "New aftermarket fuel filler neck inlet restrictor" means a
fuel filler neck inlet restrictor, except for an OEM, which is
approved by the Department
38. "Nonattainment areas" means areas which have been
designated by the Administrator of the Environmental
Protection Agency, acting pursuant to Section 107 of the
Clean Air Act, 42 U.S.C 7401 et seq., as exceeding
national primary or secondary ambient air standards for
carbon monoxide or ozone and designated as such in the
State Implementation Plan submitted to the
Environmental Protection Agency, except that
"nonattainment area" does not include the area which the
Environmental Protection Agency determined should be
redesignated as an attainment area as printed in the Federal
Register, \folume 51, Number 149, Monday, August 4,
1986, Page 27843.
39. "Official emissions inspection station" means an
inspection facility, other than a fleet emissions inspection
station, whether placed in a permanent structure or in a
mobile unit for conveyance among various locations
within the state, forme purposes of condr ;ting inspections
pursuant to AJLS. § 49-542.
40. "Opacity" means the degree of obscuration of transmitted
light
41. "Operational air pump" means an air injection system
(AIS) to supply additional oxygen (air) into the exhaust
system to promote further oxidation of HC and CO gases
and to assist in catalytic reaction.
42. "Person" means the federal government, state or any
agency or institution thereof, any municipality, political
subdivision, public or private corporation, individual,
partnership, association, or other entity, and includes any
officer or governing or managing body of any
municipality, political subdivision, or public or private
corporation.
43. "Prorate vehicle" means any vehicle whose licensing fee
in the state is prorated by its estimated usage in the state.
44. "Program" means the Mandatory Annual Vehicular
Emissions Inspection Program pursuant to A JLS. Title 49,
Chapter 3, Article 5 and this Article.
45. "Reconditioned OEM catalytic convener" or "recondi-
tioned OEM converter" means a used OEM reconditioned
equivalent or an OEM converter which has had the pellets
replaced with new or used OEM equivalent pellets and that
also meets the standards defined in R18-2-1031(B).
46. "Reconstructed vehicle" means either of the following:
a. A reconstructed special as identified by the code
letters "SP" on the portion of the vehicle's Arizona
registration card or Arizona certificate of title that is
reserved for identification on the vehicle's style.
b. A vehicle in which the vehicle style is not shown on
the Arizona registration card or certificate of title and
the original manufacturer of the complete vehicle
cannot be identified from the body.
47. "Standard gases" means gases maintained as a primary
standard for determining the composition of working
gases, field calibration gases, or the accuracy of analyzers.
48. "State inspector" means an employee of the Department
designated to perform surveillance functions pursuant to
this Article.
49. "State station" means an official emissions inspection
station operated by a contractor.
50. Tampering" means removing, defeating, or altering an
emissions control device which was installed at the time
the vehicle was manufactured.
51. Two-stroke vehicle" means a vehicle equipped with an
engine that requires one revolution of the crankshaft for
each power stroke.
52. "Unloaded fast idle test" means an exhaust emissions test
conducted with the engine of the vehicle running at 2500
RPM.
53. "Vehicle" means any automobile, truck, truck tractor,
motor bus, or self-propelled or motor-driven vehicle
registered or to be registered in this state and used upon the
public highways of this state for the purpose of transport-
ing persons or property, except implements of husbandry,
roadrollers or road machinery temporarily operated upon
the highway.
54. "Vehicular emissions inspector" means an individual who
has been licensed by the Director to perform the vehicular
emissions inspection for this program.
March 31,1993
Page 59
Appendix A-8
Supp. 93-1
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Title 18. Ch. 2
Arizona Administrative Code
Department of Environmental Quality - Air Pollution Control
53. "Working gases" means gases maintained by a facility to
perform periodic calibration of emissions analyzers.
Historical Note
Former Section R9-3-1001 repealed, new Section R9-3-1001
adopted effective January 13,1976 (Supp. 76-1). Former Section
R9-3-1001 repealed, former Section R9-3-1002 renumbered and
amended as Section R9-3-1001 effective January 1.1986 (Supp.
85-6). Amended effective January 1,1987, filed December 31,
1986 (Supp. 86-6). Former Section R9-3-1001 renumbered as
Section R18-2-1001 and amended effective August 1,1988 (Supp.
88-3). Amended effective September 19,1990 (Supp. 90-3).
R18-2-1002. Reserved
R18-2-1003. Vehicles to be inspected by the mandatory ve-
hicular emissions inspection program
A. The following vehicles shall be inspected in accordance with
this Article at a state station or a fleet station unless exempted by
subsection (B) of this Section:
1. All vehicles to be registered or reregistered in the
nonanainment areas of Maricopa or Pima Counties for
highway use;
2. All vehicles being delivered to retail purchasers by dealers
licensed to sell used motor vehicles for highway use
pursuant to Title 28 and whose place of business is located
in the nonattainment areas of Maricopa and Pima
Counties;
3. All vehicles registered outside a nonattainment area but
used to commute to the driver's principal place of
employment located within a nonattainment area;
4. All vehicles owned by a person who is subject to A.R.S. §§
15-1444
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Arizona Administrative Code
Title 18. Ch. 2
Department of Environmental Quality - Air Pollution Control
C. A vehicle subject to either paragraphs (1) or (6) of subsection
(A) of this Section may be submitted voluntarily for inspection
more than 90 days before the registration expiration date on
payment of the prescribed inspection fee. Such voluntary
inspection shall not be considered as compliance with the
registration or reregistration requirement pursuant to
R18-2-1003.
Historical Note
Former Section R9-3-1005 repealed, new Section R9-3-1005
adopted effective January 31,1976 (Supp. 76-1). Amended
effective January 3,1977 (Supp. 77-1). Amended effective March
2,1978 (Supp. 78-2). Amended effective January 3,1979 (Supp.
79-1). Amended effective February 20.1980 (Supp. 80-1).
Amended as an emergency effective January 2,1981 pursuant to
AJLS. § 41-1003, valid for only 90 days (Supp. 81-2). Former
Section R9-3-1005 as amended effective February 20,1980 and
amended as an emergency effective January 2,1981, now
amended effective April 15,1981 (Supp. 81-2). Amended
effective January 1,1986 (Supp. 85-6). Amended effective
January 1,1987, filed December 31,1986 (Supp. 86-6). Former
Section R9-3-1005 renumbered as Section R18-2-1005 and
subsections (A) and (Q amended effective August 1,1988 (Supp.
88-3). Amended effective September 19,1990 (Supp. 90-3).
R18-2-1006. Emissions test procedure
A. Each vehicle to be inspected at a state station shall be visually
inspected prior to the emissions test for the following unsafe
conditions:
1. All fuel leaks in or around the engine area, fuel tank or lines
which cause wetness or pooling of fuel;
2. All continuous leaking of engine or transmission oil onto
the floor,
3. All continuous leaking of engine coolant onto the floor to
such a degree that engine overheating has occurred or will
occur within a short time;
4. Worn tires with less than 2/32-inch tread remaining or
which have cord showing, bulges, delaminations, lumps,
or separations;
5. Exhaust tail pipes that do not exit the rear or side of the
vehicle to allow for safe exhaust probe insertion and to
allow for conducting the lead tampering test Exhaust tail
pipes on diesel-powered vehicles that do not allow for safe
exhaust probe insertion and attachment of opacity meter
sensor units;
6. Other unsafe conditions such as loud internal engine
noises and obvious exhaust leaks.
B. No mandatory vehicular emissions inspection shall be
performed by an official emissions inspection station on any
vehicle that is carrying, loaded with, or towing a trailer loaded
with explosives or any other hazardous material not used as fuel
for the vehicle.
C Any vehicle that has been found to be in unsafe condition as
determined by the visual portion of the inspection requirements
listed shall be rejected without an emissions test Vehicle
owners or drivers shall be notified of all unsafe conditions
found on rejected vehicles and, if at a state station, no fee shall
be charged if the vehicle is rejected The emissions test shall not
. be conducted on a vehicle rejected for safety until the cause for
rejection has been repaired.
D. When conducting the emissions test procedure prescribed by
this Section, both of the following requirements shall be met:
1. All vehicles shall be tested in as-received condition, unless
rejected pursuant to subsections (A) or (B) of this Section.
The vehicle's engine shall be operating at normal
temperature, the vehicle's engine shall not be overheating
as indicated by a gauge, warning light, or boiling radiator,
and all of the vehicle's accessories shall be turned off.
2. Vehicles that are designed to operate with more than one
fuel shall be tested on the fuel used by the vehicle at time of
inspection.
E. The inspection test procedures for all vehicles other than
diesel-powered vehicles shall conform to the following:
1. Vehicles manufactured in the 1967 through 1980 model
years, except motorcycles and constant four-wheel drive
vehicles, shall be required to take and pass only a curb idle
test.
a. The curb idle test shall be performed with the vehicle
in drive for vehicles with automatic transmissions or
in neutral for vehicles with manual transmissions.
Engine RPM shall be within plus or minus 100 RPM
of the manufacturer's specified idle RPM. HC and
CO exhaust emissions shall be recorded after
readings have stabilized or at the end of 30 seconds,
whichever occurs first A CO? reading of four percent
or greater shall be registered to establish test validity.
A COj reading less than four percent will be deemed
as proof of exhaust sample dilution and the vehicle
shall be rejected from further emissions inspection.
b. In the event the vehicle fails the curb idle test, and if
requested by the vehicle operator, the vehicle shall be
conditioned according to one of the following
conditioning procedures:
i. For the fast-idle condition, the vehicle shall be
conditioned by increasing engine speed to 2500
RPM, plus or minus 300 RPM, for up to 30
seconds with the transmission in neutral. HC
and CO exhaust emissions concentrations shall
be recorded after readings have stabilized or at
the end of 30 seconds, whichever occurs first
The conditioning mode standards shall be for
diagnostic and advisory information only. After
exhaust emissions have been recorded, the
engine speed shall be returned to curb idle for a
second idle test The fast idle conditioning mode
may be used on a vehicle at state stations in place
of the loaded conditioning mode if one of the
following situations occurs:
(1) The vehicle has a tire on a driving wheel
with less than 2/32-inch tread, with metal
protuberances, or with obviously low tire
pressure, as determined by superficial
visual inspection, or any other condition
that in the opinion of the vehicular emis-
sions inspector precludes loaded condi-
tioning for reason of safety to personnel,
equipment, or vehicle.
(2) The vehicle is driven by a person who,
because of physical incapacity, is unable to
yield the driver's seat to the vehicular
emissions inspector.
(3) The driver refuses to yield the driver's seat
to the vehicular emissions inspector.
(4) The vehicle is unable to be tested according
to Table 1 because of the vehicle's inability
to attain the speeds specified.
ii. For the loaded condition, the vehicle's drive
wheels shall be placed on a dynamometer and
the vehicle shall be operated as prescribed in
Table 1, in drive for automatic transmission or
second or higher gear for manual transmission.
HC and CO exhaust emissions concentrations
shall be recorded after readings have stabilized
or at the end of 30 seconds, whichever occurs
fust The conditioning mode standards shall be
March 31,1993
Page 61
Appendix A-10
Supp. 93-1
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Title 18, Ch. 2
Arizona Administrative Code
Department of Environmental Quality - Air Pollution Control
c.
2.
for diagnostic and advisory information only.
After exhaust emissions have been recorded,
engine speed shall be returned to curb idle for a
second idle test
Following one of the conditioning procedures
described in subparagraph (b) of this paragraph, the
vehicle shall be retested in accordance with the curb
idle test procedure described in subparagraph (a) of
this paragraph.
Vehicles manufactured in or after the 1981 model year,
except motorcycles and constant four-wheel drive
vehicles, shall be required to take and pass both a loaded
cruise test and curb idle test, described as follows:
a. For the loaded cruise test, the vehicle's drive wheels
shall be placed on a dynamometer and the vehicle
shall be operated as prescribed in Table 1, in drive for
automatic transmission or second or higher gear for
manual transmission. Overdrive shall not be used.
Exhaust emissions, HC and CO concentrations, shall
be recorded after readings have stabilized or at the
end of 90 seconds, whichever occurs first After
exhaust emissions have been recorded, engine speed
shall be returned to idle for a curb idle test.
b. The curb idle test shall be performed with the vehicle
in neutral. Engine RPM shall be within plus or minus
100 RPM of the manufacturer's specified idle RPM.
HC and CO exhaust emissions concentrations shall
be recorded after readings have stabilized or at the
end of 90 seconds, whichever occurs first A CCh
reading of four percent or greater shall be registered
to establish test validity. A CO? reading less than four
percent shall be deemed proof of exhaust sample
dilution and the vehicle shall be rejected from further
emissions inspection.
TABLE 1
DYNAMOMETER LOADING TABLE
Gross Vehicle Weight
Rating (Pounds) Engine Size
8500 or less
8500 or less
8500 or less
8501 or more
4 cyl. or less
5 or 6 cyl.
8 cyl. or more
All
Speed (MPH ) Load (HP)
22-25 2.8-4.1
29-32 6.4-8.4
32-35 8.4-10.8
37-40 12.7-15.8
3. All motorcycles and constant four-wheel drive vehicles
shall be required only to take and pass a curb idle test as
prescribed in paragraph (l)(a) of this subsection. In the
.event the vehicle fails the curb idle test, and if requested by
the vehicle operator, the vehicle shall be. conditioned
according to the fast idle conditioning procedure
prescribed in paragraph (l)(b)(i) of this subsection.
Following conditioning, the engine speed shall be returned
to idle for a second curb idle test as prescribed in paragraph
(l)(a) of this subsection.
4. The emissions pass/fail determination shall be made as
follows:
a. Vehicles manufactured in the 1967 through 1980
model years, except motorcycles and constant
four-wheel drive vehicles, which do not exceed the
curb idle mode HC and CO emissions standards listed
in Table 2 on either the first curb idle test or the second
curb idle test, shall be deemed in compliance with the
minimum emission standards contained in Table 2.
b. Vehicles manufactured in or after the 1981 model
year, except motorcycles and constant four-wheel
drive vehicles, which do not exceed either the loaded
cruise mode or curb idle mode HC and CO emissions
standards listed in Table 2, shall be deemed in
compliance with minimum emissions standards
contained in Table 2. The loaded cruise test standards
specified in Table 2 shall be applicable to fleet
vehicles tested under the 2500 RPM unloaded fast
idle test
c. Motorcycles and constant four-wheel drive vehicles
which do not exceed the curb idle mode HC and CO
emissions standards listed in Table 2 on either the first
curb idle test or the second curb idle test shall be
deemed in compliance with the minimum emissions
standards contained in Table 2.
Supp. 93-1
Page62 Appendix A-ll
March 31,1993
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Arizona Administrative Code
Title 18, Cb. 2
Department of Environmental Quality - Air Pollution Control
Vehicle
Engine
Tvpe
4-stroke
Motorcycles
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
4-stroke
2-stroke
2-stroke
Vehicle
Model
Year
All
1981 and
newer
1980
1979
1979
1981 and
newer
1979 and
1980
1975-1978
1975-1978
1975-1978
1972-1974
1972-1974
1967-1971
1967-1971
Reconstructed
1981 and
newer
Reconstructed
1981 and
Older
1981 and
newer
1980 and
older
Gross
Vehicle
Weight
Rating
(Pounds'!
All
8500 or
less
8500 or less
8500 or less
8500 or less
Greater
than 8500
Greater
than 8500
6000 or less
6000 or
less
Greater
than 6000
All
All
All
All
AQ
All
All
All
TABLE 2
EMISSION STANDARDS
(Maximum Allowable)
Conditioning
Mode
Number of HC CO.
Cylinders PPM %
All
All
All'
4 cylinders or less
More than
4 cylinders
All
All
4 cylinders or less
More than
4 cylinders
All
4 cylinders or less
More than
4 cylinders
4 cylinders or less
More than
4 cylinders
All
All
All
All
500
100
100
120
120
300
300
120
120
300
380
300
450
380
700
700
18,000
18,000
5.00
0.50
0.50
1.00
1.00
3.00
3.00
1.00
1.00
3.00
3.50
3.00
3.75
3.00
5.25
5.25
5.00
5.00
Curb Idle
Mode Test
HC CO
PPM %
1,800
220
220
220
220
300
300
250
• 250
350
.
400
400
500
450
uoo
1,200
18,000
18,000
5.50
1.20
120
2.20
2.00
4.00
4.00
2.20
2.00
4.00
5.50
5.00
5.50
5.00
7.50
7.50
5.00
5.00
Loaded
Cruise
Mode Test
HC CO
PPM %
220 1.20
300 3.00
700 5.25
18,000 5.00
5.
d. Any vehicle exceeding the appropriate emissions
standards shall fail the emissions test and shall have a
low emissions tune-up performed as described in
Rl 8-2-1010 prior to reinspection.
The tampering inspection shall apply to all vehicles
manufactured after the 1974 model year.
a. The inspection shall consist of an examination to
determine the presence of an operational air pump
and, on a vehicle originally manufactured with a
catalytic converter, an examination to determine the
presence of all of the following:
i. Properly installed catalytic converters;
March 31,1993
Page63 Appendix A-12
Supp. 93-1
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Tide 18, Ch. 2
Arizona Administrative Code
b.
c.
Depanment of Environmental Quality - Air Pollution Control
6.
ii. Fuel filler neck inlet restricror or malfunction
thereof;
iii. Lead in the vehicle's exhaust tail pipes as
evaluated through the use of lead test paper.
The vehicles shall be equipped with an emission
system that conforms to the original configuration at
time of manufacture. With respect to foreign
manufactured vehicles, "original configuration"
means the design and construction of those vehicles
produced by that manufacturer for original entry and
sale in the United States. The applicable emission
system requirements shall be verified by the
VEHICLE EMISSION CONTROL INFORM-
ATION label under the hood.
Owners of vehicles that fail any portion of the
tampering inspection shall be required to repair such
tampering in accordance with R18-2-1009 prior to
reinspection or provide the written statement
prescribed in R 18-2-1008(8).
All rotary piston engines shall be treated in the same
manner as 4-stroke engines with four cylinders or less.
7. All turbine engines shall be treated as 4-stroke engines
having more than four cylinders.
8. All vehicles in which a diesel engine has been replaced
with a gas engine shall be inspected as gas-powered
vehicles of the vehicle model year. Catalytic conveners.
fuel filter inlet restrictors, air pumps, and other emissions
control devices applicable to the vehicle model year and
the same or more recent year engine configuration shall be
installed and in operating condition.
9. Exhaust sampling shall conform to the following:
a. All CO and HC emission analyzers shall have water
traps incorporated in their sampling lines. Sampling
probes shall be capable of taking undiluted exhaust
samples from the vehicle's exhaust system.
b. All vehicles, other than diesel-powered vehicles,
shall be inspected with NDIR analyzers capable of
determining concentrations within the ranges and
tolerances specified below:
Range
4 & 2 stroke vehicles:
CO in MOL percent
Tolerances
State Station Fleet Station
±0.1%
±0.25%
±0.25%
±0.5%
0 to 2.0%
2 to 10.0%
4-stroke vehicles:
HC as N-hexane in PPMO to 500 PPM ±15 PPM ±30 PPM
500 to 2000 PPM ±50 PPM ±100 PPM
2-stroke vehicles:
HC as propane in PPM 0 to 25,000 PPM ±1250 PPM ±1250 PPM
c. Vehicles with multiple exhaust tail pipes shall be
inspected by collecting and averaging samples with
one of the following methods:
i. Collect separate samples from each exhaust
ii. Utilize manifold exhaust probes to simultane-
ously sample approximately equal volumes
from each pipe.
iii. Utilize manifold exhaust pipes to collect ap-
proximately equal volume samples from each
pipe.
iv. Collect samples by a combination of the meth-
ods described in subdivisions (ii) and (iii) of this
subparagraph. The average concen- tration
shall be used to determine the test results.
F. The inspection test procedure for diesel-powered vehicles shall
conform to the following:
1. The emissions inspection procedure shall be conducted as
follows:
a. A diesel-powered vehicle either with a GVWR of
greater than 26,000 pounds or having tandem axles
shall be tested pursuant to one of the following two
methods:
i. With the vehicle on a chassis dynamometer
under no power absorption, the vehicle shall be
tested by selecting a gear ratio which will
produce a maximum vehicle speed of between
30-35 MPH at governed or maximum rated
RPM if the vehicle has a manual transmission or
an automatic transmission with individual gear
selection and then running the engine at gov-
erned or maximum rated engine RPM, at normal
Supp. 93-1
operating temperature under a power absorption
load applied to the dynamometer until such
loading reduces the engine RPM to 80 percent of
the governed speed at wide-open throttle posi-
tion. In the case of vehicles with automatic
transmissions with automatic gear kickdown,
the engine shall be loaded to a speed just above
the kickdown speed or 80 percent of the
governed speed, whichever is greater. If the
chassis dynamometer does not have enough
horsepower absorption capability to lug the
engine down to these speeds, the vehicle's
brakes may be used to assist the dynamometer.
ii. If a chassis dynamometer is not available, the
vehicle shall be tested by being lugged by its
own brakes by selecting a gear ratio which will
produce a maximum speed of between 10-15
MPH at governed engine RPM or maximum
rated RPM and then loading the engine by
applying the brakes until the engine RPM is
lugged down to 80 percent of the governed or
maximum rated RPM at wide-open throttle
position. If the vehicle does not have a tachome-
ter, the vehicle may be loaded to 80 percent of
governed or maximum rated speed.
b. A diesel-powered vehicle without tandem axles and
having a GVWR greater than 10,500 pounds and less
than or equal to 26,000 pounds shall be tested
pursuant to one of the following three methods:
i. With the vehicle on a chassis dynamometer
under no power absorption, the vehicle shall be
March 31,1993
Page64 Appendix A-1.3
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Arizona Administrative Code
Title 18. Ch. 2
Department of Environmental Quality - Air Pollution Control
tested by selecting a gear ratio which will
produce a maximum vehicle speed of between
30-35 MPH at governed or maximum rated
RPM. if the vehicle has a manual transmission or
an automatic transmission with individual gear
selection, and then running the engine at gov-
erned or maximum rated engine RPM, at normal
operating temperature under a power absorption
load applied to the dynamometer until such
loading reduces the engine RPM to 80 percent of
the governed speed at wide-open throttle posi-
tion. In the case of vehicles with automatic
transmissions with automatic gear kickdown,
the engine shall be loaded to a speed just above
the kickdown speed or 80 percent of governed
speed, whichever is greater. If the chassis
dynamometer does not have enough horse-
power absorption capability to lug the engine
down to these speeds, the vehicle's brakes may
be used to assist the dynamometer.
ii. The vehicle shall be tested by applying a single
load of 30 HP, plus or minus 2 HP, while being
operated at 50 MPH.
iii. The vehicle shall be tested by being lugged by its
own brakes by selecting a gear ratio which will
produce a maximum speed of between 10-15
MPH at governed engine RPM or maximum
rated RPM and then loading the engine by
applying the brakes until the engine RPM is
lugged down to 80 percent of the governed or
maximum rated RPM at wide-open throttle
position. If the vehicle does not have a tachome-
ter, the vehicle may be loaded to 80 percent of
governed or maximum rated speed.
c. A diesel-powcred vehicle with a GVWR of greater
than 4000 pounds and less than or equal to 10400
pounds shall be tested by a loaded dynamometer test
by applying a single load of 30 HP, plus or minus 2
HP, while being operated at 50 MPH.
d. A diesel-powered vehicle with a GVWR of 4000
pounds or less shall be tested by a loaded dynamome-
ter test by applying a single load of between 6.4 - 8.4
HP while being operated at 30 MTU.
2. The emissions pass/fail determination shall be made as
follows:
a. The opacity reading made over a period of ten
consecutive seconds with the engine under the
applicable loading specified in paragraph (1) of this
subsection shall be the opacity reading used for
comparison with the standard specified in
Rl 8-2-1030(B). Vehicles which do not exceed the
opacity standards set forth in Rl 8-2- 1030(B) shall be
deemed in compliance with the minimum emission
standards. .
b. Any vehicle exceeding the appropriate standard shall
fail the emission test. Prior to reinspcction, the
vehicle shall have a low emissions tune-up performed
as described in R18-2-1010.
3. Exhaust sampling shall conform to the following:
a. Separate measurements shall be made on each
exhaust outlet on diesel vehicles equipped with
multiple exhaust outlets. For vehicles equipped with
more than one exhaust stack or pipe, the reading taken
from the outlet giving the highest opacity reading
shall be used for comparison with the appropriate
standard.
b. All diesel-powered vehicles shall be inspected with
an opacity meter that is a full-flow, direct reading,
continuous reading light extinction type using a
collimated light source and photo-electric cell,
accurate to a value within plus or minus five percent.
Historical Note
Former Section R9-3-1006 repealed, new Section R9-3-1006
adopted effective January 13,1976 (Supp. 76-1). Amended
effective November 1,1976 (Supp. 76-5). Amended effective
March 2,1978 (Supp. 78-2). Amended effective January 3.1979
(Supp. 79-1). Amended effective February 20,1980 (Supp. 80-1).
Former Section R9-3-1006 repealed, new Section R9-3-1006
adopted as an emergency effective January 2,1981 pursuant to
AJI.S. 141-1003. valid for only 90 days (Supp. 81-1). Former
Section R9-3-1006 as amended effective February 20,1980
repealed and a new Section R9-3-1006 adopted as an emergency
effective January 2,1981 now adopted and amended effective
April 15,1981 (Supp. 81-2). Amended effective January 1,1986
(Supp. 85-6). Amended effective January 1,1987. filed December
31,1986 (Supp. 86-6). Former Section R9-3-1006 renumbered as
Section R18-2-1006 and subsections (A), (Q and (D) amended
effective August 1,1988 (Supp. 88-3). Amended effective
September 19.1990 (Supp. 90-3).
R18-2-1007. Evidence of meeting state inspection require-
ments
A. Any of the following documents, when complete, unaltered and
• dated no more than 90 days prior to registration expiration date,
shall be accepted by the county assessor as evidence that a
vehicle is in compliance with the requirements of this Article
unless he has reason to believe it is a false document
Documents accompanying a late registration may be dated
subsequent to the registration expiration date:
1 Certificate of compliance,
2. Certificate of waiver (except from auto dealers licensed to
sell used motor vehicles pursuant to Title 28),
3. Certificate of exemption,
4. Director's certificate.
5. The upper section of the vehicle inspection report with
"PASS" in the final results block.
B. Complete and unaltered certificates of inspection dated within
12 months of registration shall be accepted by the county
assessor as evidence that a vehicle is in compliance with the
requirements of this Article unless he has reason to believe it is a
false document.
C. Governmental vehicles for which only weight fees are paid
shall be registered without evidence of inspection.
Historical Note
Former Section R9-3-1007 repealed, new Section R9-3-1007
adopted effective January 13,1976 (Supp. 76-1). Former Section
R9-3-1007 repealed, new Section R9-3-1007 adopted effective
January 3,1977 (Supp. 77-1). Amended effective February 20,
1980 (Supp. 80-1). Amended effective January 1,1986 (Supp.
85-6). Former Section R9-3-1007 renumbered without change as
Section R18-2-1007 (Supp. 88-3).
R18-2-1008. Procedure for issuing certificates of waiver
A. A certificate of waiver on a non-tampered vehicle will be issued
at the time of reinspection following completion of the second
inspection or subsequent to reinspection by a state inspector at a
state or Department facility when it is determined by repair
receipts, emissions test results, evidence of repairs performed or
such other evidence that the requirements of rule
R18-2-1010(A), (B), (C) and (D) have been met, or that any
further repairs within the repair cost limit would be ineffective.
March 31,1993
Page 65
Appendix A-14
Supp. 93-1
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Title 18, Ch. 2
Arizona Adaunutrativt Code
Department of Environmental Quality - Air Pollution Control
B.
A certificate of waiver may be issued to a vehicle failing the
tampering inspection if the owner of the vehicle provides to the
Director a written statement from an automobile parts or repair
business that an emission control device which is necessary to
repair the tampering is not available and cannot be obtained
from any usual source of supply before the vehicle's current
registration expires provided, if applicable, that all require-
ments of R18-2-1008(A) have been met. All written statements
may be subject to verification for authenticity and accuracy by
the Department. The Department may deny a certificate of
waiver if the state inspector has any reason to believe the written
statement is a false document or a usual source of supply does
exist and the device which is necessary to repair the tampering is
available before the vehicle's current registration expiration.
Certificates of waiver for tampered vehicles may be issued
conditionally for a specified period, not to exceed 90 days,
which allows sufficient time for the procurement and installa-
tion of a proper emissions control device. Before or at the end of
the specified time period the vehicle owner must present to the
Director proof of purchase and installation of the device to
prevent cancellation of vehicle registration. The Department
wfl] track all issued conditional certificates of waiver and if no
proof of purchase and installation is received on or before the
end of the specified time period, the Director will forward to the
Department of Motor Vehicles an order to cancel said vehicle's
registration.
A certificate of waiver will be issued subsequent to reinspection
by a state inspector at a state or Department station to vehicles
that initially failed both the emissions and tampering inspec-
tions, when it is determined by repair receipts, emissions test
results, evidence of repairs performed or such other evidence
that the requirements of R18-2-1009 and R18-2-1010(A), (B),
(Q and (D) have been met or, with respect to emission failures
only, that any further repairs within the repair cost limit would
be ineffective.
The charge for certificates of waiver obtained from the
Department is five dollars each.
Historical Note
Former Section R9-3-1008 repealed, new Section R9-3-1008
adopted effective January 13,1976 (Supp. 76-1). Former
R9-3-1008 repealed, new Section R9-3-1008 adopted effective
January 3,1977 (Supp. 77-1). Amended effective March 2,1978
(Supp. 78-2). Amended effective January 3,1979 (Supp. 79-1).
Amended as an emergency effective January 2,1981. pursuant to
A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former
Section R9-3-1008 as amended effective January 3.1979. and
amended as an emergency effective January 2.1981, now
amended effective April 15,1981 (Supp. 81-2). Amended
effective January 1,1986 (Supp. 85-6). Amended subsection (A)
and added subsection (D) effective January 1.1987, filed
December 31.1986 (Supp. 86-6). vFormer Section R9-3-1008
renumbered as Section Rl 8-2-1008 and amended effective August
1.1988 (Supp. 88-3).
R18-2-1009. Tampering repair requirements
A. Failure to pass a visual inspection for the presence or
malfunction of the fuel filler neck inlet restrictor shall require
replacement of the fuel filler neck inlet restrictor with a new
OEM or new aftermarket fuel filler neck inlet restrictor, shall
require replacement of the catalytic converters with new or
reconditioned OEM converters or new aftermarket converters,
and shall require replacement of the exhaust tail pipes with new
exhaust tail pipes. Names of approved aftermarket restrictors
and catalytic converters shall be available at time of inspection
and listed on the repair requirement list
B. Failure to pass a visual inspection to determine the presence of
properly installed catalytic converters shall require replacement
D.
of the converters with new or reconditioned OEM converters or
approved new aftermarket conveners. Names of approved
aftermarket converters shall be available at time of inspection
and listed on the repair requirement list
C. Failure to pass the lead test paper test to determine the presence
of lead in the vehicle exhaust pipes shall require replacement of
the exhaust tail pipes with new exhaust tail pipes and shall
require replacement of the catalytic conveners with new or
reconditioned OEM converters or approved new aftermarket
conveners. Names of approved aftermarket converters shall be
available at time of inspection and listed on the repair
requirement list
D. Failure to pass a visual check to determine the presence of an
operational air pump shall require replacement with a new,
used, or reconditioned properly installed and operational air
pump.
E. Reconditioned emissions control devices shall be identified and
installed with respect to application category. The application
category means those vehicles for which the device was the
original emissions control device.
Historical Note
Adopted effective January 13.1976 (Supp. 76-1). Repealed
effective January 3,1977 (Supp. 77-1). New Section R9-3-1009
adopted effective January 1.1986 (Supp. 85-6). Amended
effective January 1,1987, filed December 31,1986 (Supp. 86-6).
Former Section R9-3-1009 renumbered without change as Section
R18-2-1009 (Supp. 88-3).
Supp. 93-1
Page 66
Appendix A-15
-------
ENVIRONMENTAL SCORE6ARD
Attachment for Section 4, Environmental Scorecard:
Louisiana Scorecard Rules
Appendix A-16
-------
LUUldlHNH LNViKUW'ILm/AL
OECLARATION OF EMERGENCY
Department of Wildlife end Fisheries
Wildlife and Fisheries Commission
\
m accordance with the emergency provisions of R S
49 953(8). the Administrative Procedure Act. R S 49 967
which allows the Wildlife and Fisheries Commission to use
emergency procedures to set fmfish seasons, and R S.
56 325 3 wnicn established an annual quota for spotted sea-
trout the secretary of the Department of Wildlife and Fish-
er.es pursuant to a resolution passed by the Wildlife and
F-sneries Commission on April 4 1991 m Baton Rouge.
nereoy declares an emergency and adopts the following rule.
EMERGENCY RULE
Pursuant to R S 56 325 3 the commercial fishery for
spotted seatrout is hereby closed until midnight. August 31.
1991. effective at midnight. Friday August 2. 1991.
The purchase, barter, trade or sale of spotted seatrout
taxen from Louisiana waters after the closure is prohibited.
The commercial taking or landing of spotted seatrout
m Louisiana, whether caught within or without the territorial
waters of Louisiana after the closure is prohibited.
Effective with the closure, no vessel possessing or
fishing any seme, gill net. trammel net, or hoop net shall
have spotted seatrout aboard the vessel, whether caught
withm or without the waters of the state.
Pursuant to R S. 56.322 and effective with the closure.
the legal commercial mesh size for all gill nets, trammel nets
and seme nets used m saltwater areas of the state, other
than strike nets, shall be a minimum of four and one-half
mches stretched and a person shall- have m possession or
used aboard a vessel no more than two strike nets.
Nothing shall prohibit the possession of fish legally
taken prior to the closure and all commercial dealers pos-
sessing spotted seatrout taken legally prior to the closure
shall maintain appropriate records m accordance with R S.
56 306 4
A Kell Mclnnis, III
Acting Secretary
Rules
RULE
Department of Economic Development
Office of Commerce end Industry
in accordance with R S. 49950 et seq.. the Adminis-
trative Procedure Act. notice is hereby given tnat the Depart-
ment of Economic Development. Office of Commerce and
Industry adopted the following rule. LAC 13:1.2101-2111:
3OUKC.OHMJ
Title 13
ECONOMIC DEVELOPMENT
Part I. Office of Commerce and Industry
Subpart 1. Finance
Chapter 21. Environmental Criteria For Rating Tax Exemp. 4k
tions W
52101. Introduction
A The following rules will be used as the 'cr-n^ia to
evaluate the environmental compliance of applicants tor ;a*
exemptions The information required to apply the tom^a
will be provided by me applicant as a part of the apciicancr
Statistics regarding payroll, man hours, and percentage a*
capital investments on pollution control eQu>pnen' ""3v ce
considered as confidential information ,n accordance wnn
R S 30 2030 and/or R S. 44 1-4 These 'uies «vnen aooiy ng
to a renewal of a five-year Industrial Tax Exemption cent-act
will use data gathered prior to the beginning ;a:e of a -e-
newal contract. This new data will be used to ccmsLte a ~ew
score which will determine the percentage of tax exemption
to be considered for the renewal contract
B. The formula starts at 50 points and ados tne num.
ber of points from the environmental compliance reccrd
(maximum 25 points and emissions-per-job categories imaxi-
mum 25 points). Bonus points are available and may ce used
to offset any scores totaling (ess than 100 points. The total
tax relief will be the same as the total score, with a maximum
of 100 points, (i.e., If a facility receives 100 points, it will ce
considered for 100 percent of the tax relief applied for if it
gets 60 points, it will be considered for 60 percent of me tax
relief applied for.) The environmental review score will ce
available to the applicant at any time, after compilation, by
written request.
C. For the installation of a Department of Environmen- |J
tal Quality (DEO.) approved pollution control project, tnese
rules do not apply.
D The jobs tax credit, m the Enterprise Zone Program
(R S. 51:1787), will not be affected by these rules.
E. Definition of Terms Used m the Rules
1. Sir* - a continuous piece of land over which a com-
pany's ownership extends.
2. Plant • a production unit (i.e.. an ethyiene produc-
tion unit » an ethyiene plant)
3. Facility • all production units and support units on a
site belonging to an applicant.
4. Applicant - any business/company/orgamzanon that
submits an application for a tax exemption, credit or refund.
for a specific facility.
5. Support unit • equipment that is used on the site
other than a plan (i.e.. instrument air unit, control house.
maintenance unit).
6. Criteria air pollutants • are NO,. SO.. CO. VOC's.
Lead, and Pamcuiates under 10 microns.
7. TRl • is the Toxic Chemical Release inventory pub-
lished by the United States Environmental Protection Agency.
which liststhe toxic chemicals defined in $313 of the Emer-
gency Planning and Community Right-to-Know Act.
8. Totally Snelosad Treatment Facility • is a facility for
the treatment of hazardous waste which is directly connected
to an industrial production process and which is constructed
and operated m a manner which prevents the release of any
hazardous waste or any constituent thereof into the environ- m
ment during treatment.
9. Cogeniration • is the production of electricity and
voi 17 NO I
uli 20 IM1
768
[page 1 of 4]
Appendix A-17
-------
LOUISIANA SCORECARD
process steam from the same fuel source.
10. Full-Time Jot: or Equivalent • 2.080 actual man
hours worked m one year (12-month period).
AUTHORITY NOTE: Promulgated in accordance with
• Article VII. Part 2. Section 21 (F); Acts 1985/1008 R S
33 4702(H); Acts 1966/12. 1985/3, 1987/307 1990/783. R S
47 3201-3206. Acts 1981/901 1990/1069 R S. 51 1781-1787.
Acts 1990/480 RS 47.1121-1128; Acts 1982/733 RS
474301-4305. Anicie VII, Part 2. Section 21
dental toxic releases Criteria air emissions from cogenera'
tion facilities will not be added to the emissions total used r
this calculation. The following point schedule will aopiy
POUNDS OF EMISSIONS POINTS
PER JOB RECEIVED
0 - 500 25
501-1,000 20
1,001-2.500 15
2.501-5.000 10
5,001 - 10.000 5
OVER 10.001 0
AUTHORITY NOTE: Promulgated in accordance with
Article Vll. Part 2. Section 21 (F); Acts 1985/1008 R S.
33 4702(H); Acts 1966/12. 1985/3. 1987/307 1990/783. R S.
47 3201-3206. Acts 1981/901 1990/1069 RIS. 51:1781-1787;
Acts 1990/480 R.S. 47:1121-1128: Acts 1982/733 R S.
474301-4305: Article Vll. Part 2. Section 21(H) and Acts
1990/503. 1990/1104.
HISTORICAL NOTE: Promulgated by the Department
of Economic Development. Office of Commerce and Indus
try, Financial Incentives Division, LR 17: (August 1991).
42107. Bonus Points Categories
There are five bonus categories, which have a possi-
ble combined total of 55 points, that can be applied to final
scores of less than 100. Bonus points are used as an incen-
tive to reduce emissions, develop recycling systems and/or
use recycled materials, diversify the state's economic base
and locate facilities in parishes with high unemployment
rates.
1. Emission Reductions (15 points maximum): Up to
15 bonus points may be added to an application if the apply-
ing facility has a DEO approved emissions reduction plan.
To be eligible for emission reduction points, a facility must
reduce its overall emissions by an average of five percent per
year for each year the contract is in effect. One bonus point
will be given for each acceptable two percent per year reduc-
tion in the composite TRI and criteria air emissions over the
contract penod, as compared to the year preceding the appli-
cation. Any facility submitting applications prior to July 1.
1992 shall also be prorated additional bonus points for reduc-
tions to July 1.1989 (based on 1988 SARA Title III emissions
data). Only net reductions in TRI and criteria air pollutants
will be considered.
One bonue point will be given for each five percent
annuahzed reductions in DEQ approved hazardous and 39<
Appendix A-18
-------
LOUISIANA
cercent per /ear At the end of 'he five years upon suorms-
sion of renewal applications, facilities that do not meet their
emissions reduction plan will not oe eiigiole for bonus points
m this category. •
2 Recycling (5 points maximum): Bonus points will Be
available to facilities which install a closed loop recycling sys-
tem or use recyclable materials. .One bonus point will oe
g;*en 'or every one percent of recycied hazardous waste ma-
•er ai substituted n ;rie 'nPut throughput Dy a dosed loop
•sc/cnng system, or one Donus point will be given for each
' .3 percent of recvc'ed r:tai tnrcugnout material, purchased
outside of the 'ac.nty ard -sea c/ Te 'aciiity, or any comoi-
"at'on thereof
3 Recycling Companies or Manufactured Consumer
P'Oducts Bonus (10 points maximum). Ten bonus points will
be available to companies whose predominant activity s re-
cycling, or usmg bulk materials produced in Louisiana for
manufacturing • end use" products such as plastic bags. For
those facilities whose recycling represents 50 percent or
more of their income, one bonus point will be given for each
10 percent of gross income generated by recycled materials.
For those facilities that derive 50 percent or more of their
income by using Louisiana produced bulk materials to make
end use" products one bonus point will be given for each
10 percent of gross income generated from such activity.
4 New Jobs for High Unemployment Areas (15 points
maximum): Up to fifteen bonus points will be given to pro-
jects which create at least one new full-time equivalent job
per $30,000 m tax relief m parishes that have an unemploy-
ment rate one or more percent above the statt's average, as
indicated m the current January issue of the Louisiana Labor
Market information publication, prior to receipt of the Ad-
vance Notification form. Two bonus points will b« given for
each one percent above the state's revised unemployment
rate. A facility located m a parish whose unemployment rat*
is three percentage points above the state's rate will be eligi-
bie for six bonus points. A facility in a parish whose unem-
ployment rate is seven and one half percent above the state's
rate would be eligible for all 15 points.
5. Diversification (10 points maximum): Bonus points
will be available to industries which diversify the state's econ-
omy in this category the Department of Economic Develop-
ment may recommend bonus points be given to industries
not heavily represented m Louisiana which are low- or non-
poiiutmg (produce emissions-per-job under 500) and create
high quality job opportunities (high paying, high skiMed jobs).
Louisiana is particularly interested in attracting industries
which add significant value to Louisiana's renewable natural
resources and/or take advantage of the state's unique assets
in science and technology. Under special circumstances, di-
versification points may be given to industriee which do not
meet these qualifications, should they locate in a section of
the state where their type of business is unique) and special.
AUTHORITY NOTE: Promulgated in accordance with
Article VII. Part 2. Section 21 (F); Acts 1985/1008 R.S.
33:4702(H); Acts 1966/12. 1985/3. 1987/307 1990/783. R.S.
47 3201-3206; Acts 1981/901 1990/1069 R.S. 51:1781-1787;
Acts 1990/480 R.S. 47:1121-1128: Acts 19827733 R.S.
47 4301-4305; Article VII. Part 2. Section 21(H) and Acts
1990/503. 1990/1104.
HISTORICAL NOTE: Promulgated by the Department
of Economic Development. Office of Commerce and Indus-
try. Financial Incentives Division. LR 17: (August 1991).
SCORECARD
'2109. Restrictions
A. Tax exemptions will be 'educed ty 50 cer:snt ';r
any facility whose total product includes more 'nan 20 =e'-
cent oanned materials or materials designated -o oe :ar-ec
sy the United States Environmental Protection agency No |
(ax exemption will oe granted for any project wntcn .vni :r>
3uce a banned product.
8 No tax exemptions will be given :o a 'ac-iity .-.-ess
iet mport of Hazardous waste from out of stare s mere ••"a"
15 oercent of the nazaraous waste wnicn .t jisooses or .re i-
erates in Louisiana.
AUTHORITY NOTE Promulgated m ac:o'iarce .-. :i
Article VII. Part 2. Section 21 \F>. Acts <935 3
334702(H). Acts 1966/12. '985/3. 1987/307 <990/"33 -* 5
47 3201-3206. Acts 1981/901 1990/1C69 R S 5i •-31.1-3''
Acts 1990/480 R S. 47 H21-1T28. Acts '982. '33 =5
474301-4305; Article VII. Part 2. Section 2LH) ard AC'S
1990/503. 1990/1104.
HISTORICAL NOTE: Promulgated Sy rhe Cesar"*-.?":
of Economic Development. Office of Commerce and I'-d-s-
try. Financial Incentives Division, LR 17 (August 1991)
52111. Exceptions
A. The governor and the Board of Commerce a«d in-
dustry shall have an unfettered discretion to grant, deny or
modify any tax exemption application Certain environmental
concerns may trigger an in-depth environmental study by tne
Department of Environmental Quality m order to offer the
Board of Commerce and Industry and the governor better
information from which to make a decision. The following are
some of the conditions which may trigger a full environmen-
tal review:
1. any facility with compliance deductions of greater .
than 25 points or a history of multiple violations. *
2. any facility with proven groundwater or "abitat :ci-
lamination:
3. companies which do not follow nationally accepted
environmental standards;
4. facilities which have had major catastrophes whe^e
they were found negligent (such as explosions, fires, large
spills, etc.);
5. facilities where environmental problems have re-
sulted m fatalities.
AUTHORITY NOTE: Promulgated m accordance with
Article VII. Part 2. Section 21 (F); Acts 1985/1008 R S.
33:4702(H); Acts 1966/12. 1985/3. 1987/307 1990/783. R S
47 3201-3206; Acts 1981/901 1990/1069 R.S. 51:1781-1787:
Acts 1990/480 R.S. 47:1121-1128; Acts 1982/733 RS
47.4301-4305; Article VII. Part 2. Section 2i(H) and Acts
1990/503. 1990/1104.
HISTORICAL NOTE: Promulgated by the Department
of Economic Development. Office of Commerce and indus-
try. Financial Incentives Division. LR 17: (August 1991).
Paul Adams
Secretary
7-rn
[page 3 of 4] Appendix A-19
-------
LOUISIANA SCORECARD
SUMMARY TABLE EXCERPTED FROM PROGRAM ABSTRACT
Table!
Summary Table for the 12 Companies' Emission Reduction Plans
and Other Related Information
B
Bonus
Points
4.4
5.7
9.0
5.8
3.6
10.4
10.6
5.5
15.0
4.15
10.7
15.0
Total Benefits
$166,340
$78,841
$405,026
$349,378
$121,816
$555,308
$2,441,572
$343,451
$961,148
$668,245
$108,433
$830.691
$7,030,249
Total Costs
$94300,000
$25,000,000
$119,212,000
$60,000,000
$5,774,000
$30,150,000
$106,012,628
$12,496,640
$18,500,000
$8,015,000
$250,000
S276.000
$479,966,268
Em. Red.
Benefit
Ratio (%)
.18
.32
.34
.58
.66
1.84
2.30
2.75
5.20
8.34
43.37
300.98
Credited Reductions
(TRI + 1/lOCA.)
and % Reduction
1,775,298 (37%)
8,592,239 (48%)
3,968,123 (67%)
11,601,709 (57%)
489,982 (31%)
5,181,823 (69%)
1,784,337 (70%)
408,900 (35%)
5,347,000 (85%)
516,473 (35%)
301,418 (70%)
10,570,659 (97%)
Company
BP Oil, Inc.
P.M. (Faustina)
Rubicon
P.M. (Uncle Sam)
U O P (Shreveport)
Monsanto
PPG Industries
Vulcan Chem.
Uniroyal Chem.
Vista Chemicals
Witco (Jefferson)
Sid Richardson
TOTAL
The Emission Reduction Benefit Ratio shows, based solely on economic theory,
that the incentives provided by the bonus points of the scorecard were only one of
many reasons that 11 of these 12 companies came forth with plans to reduce emissions.
In taking this benefit ratio concept a step further, an interesting analysis can be made by
examining the percent of credited emission reductions proposed by each company with
reference to the ratios. Column F of Table 3 lists each company's total proposed
credited reductions (TRI plus criteria air at one-tenth) and the actual percent
reductions calculated by DEQ. This information is then illustrated in graphical form in
Figure 1 on the following page.
Statistical examination of the data shows a correlation between the incentive
ratio (benefit/ cost ratio) of a company's reduction plan and the percent of reductions
they are willing to commit too. Though the population is only 12, simple linear
regression at a 95% confidence interval produces an r^ value of .35, with a p-value of
.043. This bivariant regression produces a measure of co-variation between the two
variables of the benefit/cost ratio and the percent reduction. If Sid Richardson
Company is eliminated from the analysis (because it may be a potential outlier), the r2
drops to .073, and the p-value rises to .42 with a 95% confidence level.
This correlation is important in that it shows a positive relationship between
economic incentives and emission reductions. This analysis should form the basis
on which the scorecard's incentive mechanisms can be judged for effectiveness, and
evidence that the program should be utilized as a practical tool in environmental
management, applicable on most any level of government.
[page 4 of 4]
Appendix A-20
-------
FEES
Attachments for Section 5, Fees:
Oregon Amendment on Fees
Washington Statute on Fees
Washington Regulation on Fees
Appendix A-21
-------
67th OREGON LEGISLATIVE ASSEMBLY-1993 Regular Session
House Bill 3513
Introduced and printed pursuant to House Rule 13.01
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure ms introduced.
Imposes firewood fee to provide funding for incentive programs to increase replacement rate of
uncertified wopdstoves in areas of state with existing and potential PM10 air quality problems and
for continued implementation of local wood heating pollution control programs in FM10 nonattain-
ment areas.
Sunsets January 1, 2005.
1 ' -— A BILL FOR AN ACT
2 Relating to firewood fee to provide funding for pollution control programs in PM10 nonattainment
3 areas; creating new provisions; amending ORS 468A.485 and 468A.490; and appropriating money.
4 Whereas local governments are facing budget shortfalls that threaten the continued implemen-
5 tation of highly successful residential wood heating education and control strategies that are part
6 of the state's PM10 control program adopted in response to the federal Clean Air Act, as amended;
7 and
8 Whereas the replacement of uncertified woodstoves is not reaching the levels assumed necessary
9 in the state's PM10 control strategies to maintain compliance with PM10 air quality standards;
10 Whereas failure to implement PM10 control strategies will result in public exposure to
11 unhealthful air quality; and >
12 Whereas the consequences of failure to continue implementation of adopted PM10 control
13 strategies would, under provisions of the federal Clean Air Act, as amended, include an increased
14 emission offset ratio of 2:1 for industrial expansion, automatic sanctions on federal highway funds,
15 the potential for citizen suits and an implementation plan imposed by the United States Environ-
16 mental Protection Agency; and
17 Whereas failure to attain and maintain compliance with federal PM10 air quality standards
18 would, under provisions of the federal Clean Air Act, as amended, trigger contingency strategies
19 that would impose additional emission control requirements on existing industrial sources, require
20 the removal and destruction of uncertified woodstoves upon the sale of a home and could include a
21 ban on forest slash burning; now, therefore,
22 Be It Enacted by the People of the State of Oregon:
23 SECTION 1. Sections 2 to 18 of this Act are added to and made a part of ORS 468A.485
24 to 46&L515.
25 SECTION 2. It is the purpose of sections 2 to 18 of this 1993 Act to:
26 (1) Provide a permanent and adequate source of funding for local wood heating education
27 and curtailment programs in PM10 nonattainment areas in order to assure attainment of
28 federal PM10 air quality standards; and
29 (2) Provide an adequate source of funding for incentives to stimulate the replacement
30 rate of uncertified woodstoves to the level assumed in the Stats Implementation Plan devel-
NOTE: Matter in boldfaced typ« in in amanded section is naw, natur (italic and bmcJuttd] is aristinf law to ba omitted.
Ntw fictions an in boldfaced type.
LC3214
Appendix A-22
-------
1 oped by the department under ORS 468A.035.
2 SECTION 3. As used in sections 2 to 18 of this 1993 Act, "firewood" means:
*3 (i) Any split or not split logs or branches of any length, other than artificially com-
4 pressed logs or pelletized fuel, that are used, sold or resold as fuel for residential space
5 heating; and
6 (2) Whole logs which are at any time altered into minor forest products resulting in the
7 production of residential heating fuel.
8 SECTION 4. Beginning July 1, 1994, a fee of $5 per cord is hereby imposed on all firewood
9 originating on federal, state and private lands located east of the crest of the Coast Range
10 mountains. The fee shall be collected as specified in sections 6 to 12 of this 1993 Act.
11 SECTION 5. The fee imposed under section 4 of this 1993 Act shall not apply to:
12 (1) Up to 10 cords per calendar year of firewood cut on private land for the private use
13 of the timber owner and not offered for sale.
14 (2) Minor forest products that are to be pelletized or processed into artificial logs.
15 (3) Firewood donated to charitable nonprofit organizations for the purpose of fund rais-
16 ing.
17 SECTION 6. The fee imposed under section 4 of this 1993 Act shall be paid for firewood
IS removed from state or federal lands by the person obtaining the permit or contract to cut
19 the firewood and shall be remitted at the time the federal agency or the State Forestry De-
20 partment issues the permit or contract.
21 SECTION 7. (1) All fees for firewood removed from federal land shall be collected by the
22 federal agency providing the cutting permit or contract. The federal agency shall remit the
23 fees to the State Treasurer on or before the last day of June and December for the preceding
24 six-month period.
25 (2) The amount remitted to the State Treasurer by the federal agency for each six-month
26 period shall be equal to 85 percent of the total fees due and payable from the federal agency
27 for the six-month period. The federal agency may retain up to 15 percent of revenue received
28 from firewood fees collected to offset the administration and enforcement costs of collection.
29 (3) The Unites States shall not be liable to the State of Oregon or the depositor for any
30 damage incident to collection of firewood fees on behalf of the State of Oregon.
31 SECTION 8. All fees for firewood removed from state land shall be collected by the State
32 Forestry Department through its existing cutting permit and cutting contract process.
33 SECTION 9. The fee imposed under section 4 of this 1993 Act shall be paid for firewood
34 removed from private land by the person removing the firewood and shall be remitted by the
35 timber owner as provided in section 10 of this 1993 Act. If the timber owner fails to collect
36 the firewood fee from the person who removes the firewood, the timber owner shall pay the
37 fee.
38 SECTION 10. (1) The fee imposed under section 4 of this 1993 Act on the owner of private
39 forest land shall be paid by each timber owner to the Department of Environmental Quality
40 on or before the 15th day of January, April, July and October of each year for the preceding
41 calendar quarter.
42 (2) The amount remitted to the department by the timber owner for each quarter shall
43 be equal to 85 percent of the total fees due and payable by the timber owner for the quarter.
44 (3) Any private timber owner engaging in firewood harvesting operations in excess of the
.45 exemption established in section 5 of this 1993 Act shall notify the State Forestry Depart-
[2] Appendix A-23
-------
1 ment.
2 SECTION 11. The fee imposed under section 4 of this 1993 Act shall be paid for firewood
3 converted from other forest products originating on federal, state and private lands located
4 east of the crest of the Coast Range by the person converting the forest products into
5 firewood and shall be remitted by the person converting the forest products into firewood
6 as provided in section 12 of this 1993 Act.
7 SECTION 12. (1) Any person who converts other forest products into firewood subsequent
8 to removal from federal, state or private lands shall obtain and complete a firewood fee col-
9 lection form provided by the State Forestry Department and remit the form and the appro-
10 priate fee to the Department of Environmental Quality for any firewood sold or bartered
11 during a calendar quarter.
12 (2) The firewood fee collection form and fee shall be submitted to the Department of
13 Environmental Quality on or before the 15th day of January, April, July and October of each
U year for the preceding calendar quarter.
15 SECTION 13. All moneys received by the State Forestry Department under section 8 of
16 this 1993 Act shall be deposited in the State Treasury and credited to a suspense account
17 established under ORS 293.445. After deducting up to 15 percent of the moneys for payment
IS of administration expenses incurred by the State Forestry Department in administering, en-
19 forcing and collecting the firewood fee, the balance of the money shall be credited to the
20 Residential Wood Heating Air Quality Improvement Fund established under ORS 468A.490.
21 SECTION 14. All moneys received by the Department of Environmental Quality under
22 sections 10 and 12 of thin 1993 Act shall be deposited in the State Treasury and credited to
23 a suspense account established under ORS 293.445. After deducting up to 15 percent of the
24 moneys for payment of administration expenses incurred by the Department of Environ*
25 mental Quality in administering, enforcing and collecting the firewood fee, the balance of the
26 money shall be credited to the Residential Wood Heating Air Quality Improvement Fund es-
27 tablished under ORS 468A.490.
28 SECTION1 IS. The Department of Environmental Quality shall prepare the collection
29 forms required to be submitted with the firewood fee imposed under section 4 of this 1993
30 Act. The forms shall include:
31 (1) The name and address of the timber owner;
32 (2) The number of cords of firewood removed;
33 (3) The amount of the firewood fee due; and
34 (4) Any other information the department considers necessary to administer the firewood
35 fee program.
36 SECTION 16. The State Forestry Department shall:
37 (1) Amend the notification form required under ORS 527.670 to include provisions for
38 identifying firewood harvesting operations. The amended form shall include a requirement
39 that the number of cords of firewood harvested be identified by the harvester. The State
40 Forestry Department shall provide to the Department of Environmental Quality a copy of
41 the completed notification form when a firewood harvesting operation has been identified.
42 (2) Provide firewood fee collection forms to all timber owners who file notification of
43 firewood harvesting operations.
44 SECTION 17. The State Forestry Department and, to the extent allowed under ORS
45 321.684 (l)(d), the Department of Revenue shall provide the Department of Environmental
Appendix A-24
-------
1 Quality with information needed to collect the fee imposed under section 4 of this 1993 Act
2 for firewood removed from private lands and firewood converted from other forest products.
3 The Department of Environmental Quality shall have the authority to ascertain the compli-
4 ance of timber owners subject to the firewood fee.
5 SECTION 18. The Environmental Quality Commission shall adopt rules necessary to
6 carry out the firewood fee program established in sections 2 to IS of this 1993 Act
7 SECTION 19. ORS 468A.485 is amended to read:
8 468A.485. As used in ORS 468A.490:
9 (1) "Area that exceeds the PM10 standard" means an area of the state that exceeds, on or after
10 January 1, 1990, the air quality standard for PM10 as established by the commission under ORS
11 468A.025.
12 (2) "Eligible area" means any area located east of the crest of the Coast Range moun-
13 tains and subject to the firewood fee collected under sections 2 to 18 of this 1993 Act.
14 (3) "PM10 nonattainment area" means an area designated by the department as not being
15 in compliance with PM10 standards.
16 {(2)} (4) "Western interior valleys" means the area of the state encompassed by the borders of
17 the States of Washington and California and the crests of the Cascade Mountain Range on the east
IS and the Coast Range on the west.
13 SECTION 20. ORS 468A.490 is amended to read:
20 468A.490. (1) There is created within the State Treasury a fund known as the Residential Wood
21 Heating Air Quality Improvement Fund, separate and distinct from the General Fund.
22 (2) All moneys appropriated or received as gifts or grants for the purposes of this section shall
23 be credited to the Residential Wood Heating Air Quality Improvement Fund.
24 (3) The State Treasurer may invest and reinvest the moneys in the fund as provided in ORS
25 293.701 to 293.776. Interest from the moneys deposited in the fund and earnings from investment of
26 the moneys in the fund shall accrue to the fund.
27 (4) [A.U] Up to a maximum of 15 percent of the total moneys in the Residential Wood Heating
28 Air Quality Improvement Fund are continuously appropriated to the Department of Environmental
29 Quality to[:]
30 [(a)] pay all costs incurred by the department in maintaining residential wood heating emissions
31 inventories, analyzing projects and programs proposed for funding in accordance with this section,
32 administering projects and programs selected for funding in accordance with this section, enforcing
33 and implementing the requirements of ORS 468A.475 (2) and 468A.480 (l)(g).
34 [(b)] (5) All moneys remaining in the account after deduction of costs under subsection
35 (4) of this section are continuously appropriated to the Department of Environmental Quality
36 to pay all reasonable costs as determined by the Environmental Quality Commission for local gov-
37 ernment and regional authority public education, emission inventory maintenance, curtailment and
38 opacity programs and other measures to reduce residential wood heating emission in an.area that
39 exceeds the PM10 standard or an area that is at risk of becoming an area that exceeds the PM10
40 standard.
41 [(c)] (6) All moneys remaining in the account after deduction of costs under subsections
42 (4) and (5) of this section arc continuously appropriated to the Department of Environmental
43 Quality [To tht extent moneys remain in the fund after paying the costs under paragraphs (a) and (b)
44 of this subsection,] to fund programs established under subsections [(5)] (7) and [(6)] (8) of this sec-
45 tion in a manner designed to achieve cost-beneficial reductions in emission of air contaminants from
[4] Appendix A-25
-------
1 woodstoves, attain federal ambient air quality standards before deadlines specified in the Clean Air
2 Act and maintain compliance with such standards after the deadlines established in the Clean Air
3 Act.
4 ((d) Not more than 15 percent of the total amount of moneys received under this section shall be
5 expended for costs under paragraphs (a) and (b) of this subsection. ]
6 [(5)] (7) A portion of the moneys available under subsection [(4)1 (6) of this section shall be used
7 by the Environmental Quality Commission to fund a low or no interest loan program for wood
8 heated households located [in the western interior valleys or in any other county containing an area
9 that exceeds the PM1Q standard] east of the crest of the Coast Range mountains to replace
10 woodstoves that were not certified under ORS 468A.480 for sale as new on or after July 1, 1986.
11 The commission shall dedicate a minimum of 25 percent of loan moneys to eligible areas that
12 are not designated as PM10 nonattainment areas. The distribution of **"« guaranteed mini-
13 mum funding shall be weighted according to the population of each area receiving funds. The
14 commission shall establish funding priority criteria based on the potential for an area to be
15 designated as a PM10 nonattainment area, and shall distribute the remaining loan funds
16 based on that criteria. The loan program shall include the following elements:
17 (a) All forms of new high-efficiency, low air contaminant- emitting-heating systems are allowed;
18 (b) Any removed woodstove must be destroyed;
19 (c) Any replacement woodstoves selected under the program must be installed in conformance
20 with building code requirements and the manufacturer's specifications including but not limited to
21 chimney specifications; and
22 (d) To be eligible, program participants shall participate in any home energy audit program
23 provided at no charge to the homeowner and shall obtain all information available regarding subsi-
24 dies for cost-effective weathenzation. The department shall make- the information required in this
25 subsection readily available to program participants.
26 [(6)} (8) A portion of the moneys available under subsection [(4)} (6) of this section shall be used
27 by the commission to fund local government or regional authority programs to provide subsidies for
23 replacement of woodstoves that were not certified under ORS 468A.480 for sale as new on or after
29 July 1, 1986, to low income persons in wood heated households in [an area that exceeds the PM10
30 standard] PM10 nonattainment areas. The local government or regional authority programs must
31 include the following elements to be eligible for funding:
32 (a) All forms of new high-efficiency, low emitting heating systems are allowed.
33 (b) All woodstoves removed are destroyed.
34 (c) The local government or regional authority adopts and enforces an ordinance that limits
35 emissions from woodstoves to no visible smoke, .axcept for steam and heat waves, during periods of
36 air stagnation and to an average of 20 percent opacity at all other times except during start up and
37 refueling as determined by the commission. This requirement shall not be in lieu of any final stage
38 of woodstove curtailment required during air stagnation if the final stage of curtailment is necessary
39 to prevent exceeding air quality standards established under ORS 468A.025 by the latest date al-
40 lowed under the Clean Air Act to reach attainment of such standards.
41 (d) In an airshed requiring more than a 50 percent reduction in [woodheatingl wood heating
42 emissions as specified in the State Implementation Plan control strategy for PM10 emissions, prc-
43 gram participants shall have a backup heat source if a certified woodstove is selected.
44 (e) Any replacement woodstove selected under the program must be installed in conformance
45 with building code requirements and the manufacturer's specifications including but not limited to
[5] Appendix A-26
-------
1 chimney specifications.
2 (0 To be eligible, program participants shall participate in any home energy audit program
3 provided at no charge to the homeowner and shall obtain all information available regarding subsi-
4 dies for cost-effective weatherization. The local government or regional air quality authority shall
5 make the information required in this subsection readily available to program participants.
6 SECTION 21. Sections 2 to 18 of this Act are repealed on January 1, 2005.
7
[6] Appendix A-27
-------
WSR 93-04-105 Washington State Register. Issue 93-04
multiplied bv a statistically reliable conversion factor
determined bv ecology that relates the emission test results
from the methodology established bv the United States
Environmental Protection Aeencv prior to Mav 15. 1991. to
the test results from the methodology subsequently adopted
j bv that agency,
r
AMENDATORY SECTION (Amending Onto 90-58. filed
: 3/20/91, effective 4/20/91)
WAC 173-433-110 Opacity standards. (1) A person
shall not cause or allow emission of a smoke plume from
any solid fuel burning device to exceed an average of twenty
percent opacity for six consecutive minutes in any one-hour
period.
(2) State-wide opacity standard. An authority shall not
adopt or enforce an opacity level for solid fuel burning
devices that is more stringent than the state-wide standard.
RFVTSFD WASHINGTON STATUTE ON FEES (3) Test method and procedures. Methods and proce-
RtVlbtU WMsniiibiuiM aim dures specified by the EPA IB "40 CFR 60 Appendix A
reference method 9 - VISUAL DETERMINATION OF THE
OPACITY OF EMISSIONS FROM STATIONARY SOURCES" IS
amended through July 1. 1990. shall be used to determine
compliance with subsection (1) of this section.
(4) Enforcement. Smoke visible from a chimney, flue
or exhaust duct in excess of the opacity standard shall
constitute prima facie evidence of unlawful operation of an
applicable solid fuel burning device. This presumption may
be refuted by demonstration that the smoke was not caused
by an applicable solid fuel burning device. The provisions of
this requirement shall:
(a) Be enforceable on a complaint basis.
(b) Not apply during the starting of a new fire for a
period not to exceed twenty minutes in any four-hour period.
(5) Education. Anv person or retailer providing infor-
mation on the operation of solid fuel burning devices, such
as brochures, demonstrations, and public education programs.
should include information that opacity levels of ten percent
or less are attainable through proper operation.
AMENDATORY SECTION (Amending Order 90-58, filed
3/20/91, effective 4/20/91)
WAC 173-433-170 Retail sales fee. (1) A person
selling a solid fuel burning device at retail shall collect a fee
from the buyer, pursuant to RCW 70.94.483.
(2) The fee shall be:
(a) Set at a minimum of ((fifteen dollan. until Jaauaiy
11 4r499+)l thirty dollars on January 1. 1992. Thereafter,
ecology may annually ((ineiet**)) adjust the fee ((aeeoiding
to changes in the eonau«e> price iiide*!)) to account for
inflation as determined bv the office of the state economic
and revenue forecast council. Adjustments in the fee should
be rounded down to the nearest dollar.
(b) Applicable to all new and used solid fuel burning
devices((. with the eneepuoa of buill in masonry fireplac-
«*))A
(c) Procedures for masonry fireplaces. Generally.
contractors will collect, pav. and report the fee to the
department of revenue on the Combined Excise Tax return
for the tax reporting period during which the retail sales tax
is billed to the customer for the construction of the masonry
fireplace. (See WAC 458-20-170 for a detailed explanation.)
11 Appendix A-28
-------
RCW 70.94.483 Wood stove education and enforcement account
created—Fee imposed on solid fuel burning device sales, (l) The
wood stove education and enforcement account is hereby created in
the state treasury. Money placed in the account shall include all
money received under subsection (2) of this section and any other
money appropriated by the legislature. Money in the account shall
be spent for the purposes of the wood stove education program
established under RCW 70.94.480 and for enforcement of the wood
stove program, and shall be subject to legislative appropriation.
(2) The department of ecology, with the advice of the advisory
committee, shall set a flat fee of thirty dollars, on the retail
sale, as defined in RCW 82.04.050, of each solid fuel burning
device after January 1, 1992. The fee shall be imposed upon the
consumer and shall not be subject to the retail sales tax
provisions of chapters 82.08 and 82.12 RCW. The fee may be
adjusted annually above thirty dollars to account for inflation as
determined by the state office of the economic and revenue forecast
council. The fee shall be collected by the department of revenue
in conjunction with the retail sales tax under chapter 82.08 RCW.
If the seller fails to collect the fee herein imposed or fails to
remit the fee to the department of revenue in the manner prescribed
in chapter 82.08 RCW, the seller shall be personally liable to the
state for the amount of the fee. The collection provisions of
chapter 82.32 RCW shall apply. The department of revenue shall
deposit fees collected under this section in the wood stove
education and enforcement account. [1991 1st sp.s. c 13 SS 64, 65;
1991 c 199 $ 505; 1990 c 128 S 5; 1987 c 405 $ 10.)
NOTES:
Effective dates—Severability—1991 1st sp.s. c 13: See notes
following RCW 18.08.240.
Finding—1991 c 199: See note following RCW 70.94.011.
Severability—-1987 c 405: See note following RCW 70.94.450.
WASHINGTON REGULATION ON FEES
Appendix A-29
-------
FIEEPLACE/WOOPSTOyE RESTRICTIONS
Attachments for Section 7, Fireplace/Woodstove Restrictions:
Colorado Prohibition
Mammoth Lakes, CA Prohibition
Reno, NV Prohibition
Appendix A-30
-------
COLORADO REGULATION PROHIBITING INSTALLATION OF NEW FIREPLACES/SALE OF USED STOVES
REGULATION NO. 4
Regulation on the Sale of New Woodstoves and the Use of Certain
Woodburning Appliances During High Pollution Days
I. DEFINITIONS
Unless otherwise required by the context, as used in this Regulation:
1. "Accredited Laboratory" means an independent testing laboratory which has obtained
accreditation pursuant to the Federal Regulations 40 CFR Part 60 Subpart AAA.
2. "Approved Pellet Stove" means a woodburning appliance as defined in Section I.A.( 16),
which has complied with all the requirements of Section III.
3. "Boiler" means a domestic solid fuel burning appliance used primarily for heating space
where the appliance is located, by the distribution through pipes of a gas or fluid
heated in the appliance. This appliance must be tested and listed as a boiler under
accepted U.S. or Canadian safety testing codes.
4. "Burn down time" shall mean that period of time not to exceed three hours following
the declaration of a high pollution day required for the cessation of combustion within
any wood burning stove or fireplace pursuant to this Regulation.
5. "Certified wood stove" means a wood stove which is a unit of a wood stove model, or
which contains a configuration of appliance, for which certification has been granted.
6. "Cookstove" means a domestic wood-fired appliance that is designed primarily for
cooking food and that has the following characteristics:
a. An oven, with a volume of 1 cubic foot or greater, and an oven rack:
b. A device for measuring oven temperatures;
c. A flame path that is routed around the oven;
d. A shaker grate;
s
e. An ash pan;
f. An ash clean-out door below the oven; and
g. The absence of a fan or heat channels to dissipate heat from the appliance.
4.1
Appendix A-31
-------
COLORADO.PROHIBITION
7. "Dealer" means a person who sells wood stoves on a regular basis.
8. "Furnace" means a domestic solid fuel burning appliance that is designed to be located
outside of ordinary living areas and is used for heating spaces other than the space
where the appliance is located by the distribution through ducts of air heated in the
appliance. The appliance must be tested and listed as a furnace under accepted U.S.
or Canadian safety testing codes.
9. "High pollution day" means those periods of time declared by Colorado Department
of Health as provided for in Section 25-7-1063(1), C.R.S.
10. Manufacturer" means a person who constructs a wood stove.
11. "Method 5G/5H" is a test method(s) for determination of paniculate emissions from
woodheaters from dilution tunnel sampling and stack locations as described in 40 CFR,
Part 60, Subpart AAA, Appendix A.
12. "Method 28" is a test method designed to establish certification test conditions and the
paniculate matter weighted emission values, as described in 40 CFR Part 60 Subpart
AAA, Appendix A.
13. "Method 28A" is a test method to measure air to fuel ratios and minimum achievable
burn rates as described in 40 CFR, Part 60 Subpart AAA, Appendix A.
\
>
14. "Model" means a group of wood stoves which are identical to one another regarding
design, emissions, and heating performance.
15. "New wood stove" means any wood stove other than one which was sold to an
individual for his personal use prior to January 1, 1987.
16. "Pellet Stove" means a wood heater which meets the following criteria: (1) the
manufacturer makes no reference to burning cordwood in advertising or other
literature, (2) the unit is safety listed for pellet fuel only, (3) the unit's operating and
instruction manual must state the use of cordwood is prohibited by federal law, and
(4) the unit must be manufactured and sold including a hopper and auger combination
as integral parts.
17. "Phase m Certified wood stove" means a wood burning stove which meets the emission
standards set forth in Section II.A.1.
18. "Primary source of heat" shall mean one or more residential wood burning stoves or
fireplaces which provide more than half the annual heating demands for the residence.
4.2
Appendix A-32
-------
COLORADO- PROHIBITION
19. "Standard method" means the applicable testing procedures and criteria set forth in the
Federal Regulations 40 CFR Part 60 Subpart AAA, Appendix A.
20. "Wood burning fireplace" means an appliance designed for or capable of burning wood
which does not meet the definition of a wood burning stove or is not exempt under the
provisions of section n.C
21. "Wood burning stove" means an appliance designed for or capable of burning wood,
including a fireplace insert, capable of and intended for domestic space heating or
domestic water heating that meets all of the following criteria:
a. An air-to-fuel ratio in the combustion chamber averaging less than 35-to-l as
determined by EPA method 28A as set forth in the Federal Regulations 40 CFR Part
60 Subpart AAA, Appendix A.
b. A useable firebox volume of less than 20 cubic feet.
c. A minimum burn rate of less than 5 Kilograms per hour.
d. A maximum weight of 800 Kilograms. ,
II. REQUIREMENTS FOR SALE AND INSTALLATION OF WOOD STOVES
A, On or after July 1,1991, no person shall advertise to sell, offer to sell, or sell a
new wood stove unless it has been tested, certified, and labeled for emission
performance in accordance with criteria and procedures specified in the Federal
Regulations 40 CFR Part 60, Subpart AAA and meets the emission standards set
forth in Subsection 60J32(b)(l) or (2).
B. The certification requirement shall apply to:
1. Advertisements for sale and offers for sale communicated by any means to
any person in Colorado, including, but not limited to, offers to sell or
advertisements for sale which are mailed to any person in Colorado.
2. Any sale occurring in Colorado, including, but not limited to, sales in which
a new wood stove is shipped, delivered, or transported to any person in
Colorado by a person located either inside or outside Colorado and to both
the initial sale and any subsequent resale of a new wood stove.
43
Appendix A-33
-------
COLORADO- PROHIBITION
C. Exemptions
1. Wood-fired appliances that are not suitable for heating equipment in or
used in connection with residences. For example, portable camping stoves.
Such appliances must be exempted by the Division on a case-by-case basis.
2. Boilers
!-. •
3. Furnaces
4. Cookstoves
D. On and after January 1,1993 no person shall sell or install a used wood-burning
device within those portions of the counties of Adams, Arapahoe, Boulder,
Denver, Douglas, and Jefferson which are located in the AIR program area, as
such area is defined in Section 42-4-307(8), C.R.S. unless it meets the
requirements set forth in Section II.A.
III. APPROVAL PROCEDURE FOR PELLET STOVES
A. On or after August 1,1992, a manufacturer of a pellet stove who wishes to have
a particular model line designated as an approved pellet stove, shall submit to
the Division for their review, the,following information:
i
1. test results showing an air to fuel ratio of 35.1 or greater, using EPA test
method, 28A.
2. test results using EPA test method 5G or 5H and corrected to 5H which have
been conducted under minimum burn conditions, (category 1), using EPA test
method 28.
3. a one page letter signed by the laboratory president, verifying the information
required in IE. A. 1. and 2.
B. All tests conducted under HI. A. shall be performed by an EPA accredited
laboratory.
\
C Within twenty (20) working days after receipt of an application for approval, the
Division shall notify the applicant if the application is complete. Within thirty
(30) working days after receipt of a complete application, the Division shall
notify the applicant whether the application satisfies all requirements for
approval.
4.4
Appendix A-34
-------
COLORADO PROHIBITION
D. If the Division denies approval, the Division shall notify the applicant in writing
of the opportunity for a hearing before the Commission pursuant to Section
24-4-104 (9), C.R.S., (1982).
E. The Division shall grant approval if all information required by Section III A. is
submitted and the test results in Section IIIA2. do not exceed 4.1.G/HR.
IV. ENFORCEMENT
A. The Division may enter and inspect the property or premises of any
manufacturer, or dealer, for the purpose of investigating any actual, suspected,
or potential violation of this regulation; and may, at reasonable times, have
access to and copy any document, inspect any wood stove, wood stove
component, or testing equipment, or test the emissions of any wood stove,
possessed by any manufacturer, or dealer, for the purpose of ascertaining
compliance or noncompliance with this regulation.
B. The Division shall also enforce the provisions of this regulation through all
means authorized by Part 1 of Title 25, C.R.S.
V. LIST OF CERTIFIED WOOD STOVES
The Division shall request each dealer to make available to consumers a list of
certified wood stoves, exempt, and approved pellet stoves to be compiled by the
Division.
VI. HIGH POLLUTION DAYS
•
A. Applicability
Limitations on the use of wood burning stoves and fireplaces shall be applicable
only in those portions of the counties of Adams, Arapahoe, Boulder, Denver,
Douglas, and Jefferson which are located in the AIR program area, as such area
is defined in Section 42-4-307(8), CR.S. but not including those areas above
seven thousand feet elevation.
B. Provisions of this section may be enforced by the appropriate local agency. Local
agencies are encouraged to develop suitable enforcement programs and enter
into an agreement with the State to promote more effective enforcement of this
regulation.
4.5
Appendix A-35
-------
COLORADO PROHIBITION
C This section shall not apply within any municipality which had an ordinance
mandating restricted use of wood burning stoves and fireplaces on high pollution
days in effect on January 1, 1990.
1. All such exempt areas shall be required to submit a yearly report to the
commission no later than June 30, which provides information concerning the
enforcement actions pursuant to their ordinance for the previous heating
season.
D. Prohibitions of use
No person shall operate a wood burning stove or fireplace during a high
pollution day. A burn-down time shall be allowed for the burn-down of existing
fires prior to the initiation of enforcement action.
E. Exemptions
1. Persons utilizing their wood burning stove or fireplace as a primary source of
heat.
2. Persons operating a Phase HI certified wood burning stove.
i
3. Persons operating an approved pellet stove.
VII. REQUIREMENTS FOR INSTALLATION OF FIREPLACES
A. On and after January 1, 1993 no person shall install any fire place in any
dwelling in the area defined in Section VIA. unless it is one of the following:
1. a gas appliance
2. an electric device
3. a fireplace insert that meets the requirements set forth in Section HA.
4. an approved pellet burning fireplace insert
5. any other dean burning device approved by the Commission which meets the
emission standard set forth in Section HA.
•>
B. This section shall not apply to any municipality or a county which has a provision
in effect on January 1, 1993 which is substantially equivalent of this section as
determined by the Commission.
4.6
Appendix A-36
-------
COLORADO PROHIBITION
VIII. IMPLEMENTATION OF LOCAL CONTROL STRATEGIES
The local jurisdictions listed below shall implement and enforce the indicated
ordinances and resolutions, as they exist on January 1, 1993. This ordinance limits
wood burning on high pollution days as determined by the Colorado Department of
Health. In addition, each shall implement and enforce any ordinance adopted in
accordance with this regulation. The indicated ordinances or resolutions may be
amended in the sole discretion of the respective governing body, provided that they
shall be submitted immediately to the Colorado Air Quality Control Commission and
the United States.. Environmental Protection Agency as revisons to the State
Implementation Plan. The listed ordinances and resolutions shall remain in full force
and effect until such time as the jurisdiction obtains full approval of a State
Implementation Plan revision.
Community
Arvada
Aurora
Boulder
Broomfield
Denver
Douglas County
Englewood
Federal Heights
Glendale
Greenwood Village
Jefferson County
Lafayette.
Lakewood
Littleton
Longmont
Mountain View
Sheridan
HPD
Ordinance
Number
2451
87-118
5007
794
Chapter 4.24
31
565
2
17
R-CC89-873
24
113
17
1
5
22
Date
Enacted
11/87
4/86
10/86
11/88
10/86
9/92
1/88
1/88
6/88
12/89
11/88
12/86
12/88
1/89
1/91
11/88
Construe- Date
tion Enacted
Ordinance
92/47
5445
5/92
4/92
R-991-128
39
15
9
R-CC90-617
61
26
11/91
10/92
10/92
3/92
1/91
10/92
8/92
1/93
4.7
Appendix A-37
-------
COLORADO PROHIBITION
Community HPD Date Construe- Date
Ordinance Enacted tion Enacted
Number Ordinance
Thornton 2120 10/91 2194 10/92
Westminster 6/14 11/87 20 12/92
!*
DC REFERENCES
Materials incorporated by reference in the regulation are available for public
inspection during regular business hours at the Commission's office at 4300 Cherry
Creek Drive South, Denver, Colorado. The regulation incorporates the materials
as they exist at the date of the promulgation of this regulation and does not
include later amendments to or editions of the incorporated materials.
Written statements of the basis and purpose of this regulation and revisions have
been prepared by the Commission. These written statements have been
incorporated in this regulation by reference and in accord with C.R.S 1973,
24-4-103 as amended.
4.8
Appendix A-38
-------
MAMMOTH LAKES, CA PROHIBITION ON THE INSTALLATION OF UNCERTIFIED DEVICES
Section 8.30.030, STANDARDS FOR REGULATION OF SOLID FUEL
APPLIANCES
A. After December 7, 1990 (the effective date of this
ordinance), no solid fuel burning appliance shall be permitted
to be installed within the Town of Mammoth Lakes unless said
device is certified as meeting the 'emission requirements of
the U. S. Environmental Protection Agency (EPA) for Phase II
certification. This shall not prohibit retailers from
selling/ prior to January 1, 1991, stock on hand as of the
date of this ordinance as long as that stock meets EPA
certification for Phase I and the seller can document through
invoices or other means that the device was acquired prior to
the adoption of this ordinance. After January 1, 1991, all
appliances installed in the Town of Mammoth Lakes must meet
EPA Phase II certification.
B. The restrictions of this section shall apply to all
solid fuel devices including unregulated fireplaces.
Exceptions will be made for fireplaces supplied with gas and
fitted with artificial logs and for one fireplace located in a
hotel/motel lobby or similar common area lobby or in the
common area of a condominium project. Said fireplaces shall
be subject' to burning curtailment episodes as administered
under Section 8.30.100.
s
C. For the purposes of enforcing this chapter, the Town
shall keep a record of all certified appliances installed in
Mammoth Lakes in accordance with this Chapter and of
properties which have been determined to conform to the
requirements of this Chapter.
Appendix A-39
-------
RENO, NV PROHIBITION ON NEW INSTALLATIONS
040.0514 LIMITATION ON NUMBER OF SOLID FUEL BURNING
DEVICES IN RESIDENTIAL BUILDINGS
A. The total number of approved solid fuel burning
devices installed in' each new multifamily
development shall not exceed one (!)• This
provision applies to projects seeking building
permits after the effective date of this
regulation. (May 23, 1990)
B. The number of approved solid fuel burning devices
installed on any property for which a building
permit is issued after the effective date of this
regulation, shall not exceed one (1). No solid
fuel devices will be permitted within single
family dwellings which are located within a zone
which permits more than A dwellings per net acre.
Commencing June 1, 1991, no solid fuel devices
shall be installed in any new single family
residence located within the Truckee Meadows
Non-Attainment area.
C\ In dwelling units existing on the effective date
of this regulation, installation of additional
solid . fuel burning devices is prohibited if the
resulting number of solid fuel devices exceeds
the limitations contained in Section 040.0514 (A)
and (B) above. This section does not apply to
the installation of gas-fired appliances. Solid
fuel burning devices that meet an in-situ
emission factor of 1 gram/hour or less of
particulate matter are exempt from the
requirements of this section.
Appendix A-40
-------
PRIVATE SECTOR FINANCING
Attachments for Section 11, Private Sector Financing:
Las Vegas Offset Requirements
Missoula De-icer Contract
Rancho Mirage Letter of Credit Requirement
Appendix A-41
-------
LAS VEGAS CONSTRUCTION OFFSET REQUIREMENTS
12.2 Requirements for Specific Air Polluternts ^
12.2.1 Non-Major Sources - Requirements for new or modified
Stationary Sources of PM,0 in the Las Vegas Valley,
Boulder City, and Eldorado Valley with a total annual
Potential to Emit less than 70 tons per year.
Subsection 12.2.1 applies to all new and modified Sta-
tionary Sources of PMj0 proposing to locate in the Las
Vegas Valley, Boulder City, and the Eldorado Valley.
This Subsection also applies to road and highway
construction projects, flood detention basins and other
construction projects meeting the definition of a
Stationary Source.
12.2.1.1 Each new or modified emission unit shall incorporate
emission controls which are designed for the Best
"Available Control Technology.
x
12.2.1.2 Public notification (described in Subsection .12.3) -is
required if the total Potential to Emit of PM10 exceeds
ten (10) tons per year.
Exception for construction projects:
Public notification is not required for road and highway
construction projects, flood detention basins, and other
construction projects covered by Section 17.
12.2.1.3 Emission Reduction Credits are required.
a) Emission Reduction Credits shall be derived from
Section 58 or approved road paving project payments
described in 12.4.
b) These Emissions Reduction Credits must be obtained
by the applicant within thirty (30) days of the
issuance of the Operating Permit.
c) The total Emission Reduction Credits shall be
Revised 05/27/93 12-4
Appendix A-42
-------
LAS VEGAS OFFSET REQUIREMENTS
greater than (2) times the Potential to Emit.
Exception for construction projects
d) Commencing August 2, 1993, for construction
projects with a potential to emit of at least 1.5
TPY PM10, the Emission Reduction Credits shall be
greater than 100 percent of the portion of the
Potential to Emit exceeding 1.5 TPY.
12.2.1.4 Stationary Sources proposing to locate in the Eldorado
Valley and Boulder City shall also meet the requirements
of Subsection 12.2.3.
12.2.2 Major Sources - Requirements for new or modified
Stationary Sources of PM10 in the Las Vegas Valley,
Boulder City and Eldorado Valley with an annual Potential
to Emit equal to or exceeding 70 tons per year.
Exception: Highway construction projects, flood detention
basin projects and other construction projects permitted
under Section 17 are defined as non-major sources and are
subject to 12.2.1.
12.2.2.1 Each new' or Modified Emission Unit shall incorporate
emission controls which are designed for the Lowest
Achievable Emission Rate.
12.2.2.2 Public notification (described in Subsection 12.3) is
required.
12.2.2.3 Emission Reduction Credits (described in Section 58) are
required.
a) These Emission Reduction Credits shall be obtained
by the applicant before the Operating Permit is
issued.
b) The applicant must show evidence that Emission
Reduction Credits will be provided by a bona fide
proposal before the Authority to Construct is given
a preliminary approval.
s
c) These Emission Reduction Credits must be Federally
Enforceable.
d) The total Emission Reduction Credits required shall
be greater than two (2) times the Potential to Emit.
Revised 05/27/93 12-5
Appendix A-43
-------
MISSOULA, MT DE-ICER FUNDING
AGREEMENT FOR* FINANCIAL PARTICIPATION BY VARIOUS
COMPANIES FOR DE-ICER USE IN COMPLIANCE WITH
THE MISSOULA AREA PM-10 AIR QUALITY ATTAINMENT PLAN
THIS AGREEMENT, made and entered into this day of ,
199_, in the City of Missoula, County of Missoula, State of
Montana, by and between the City of Missoula, a municipal
organization under the laws of the State of Montana hereinafter
referred to as "City", and Stone Container Corporation, Champion
International Corporation, and Louisiana Pacific Corporation,
hereinafter referred to as "Companies".
WITNESSETH
For and in consideration of the mutual promises and agreements set
forth herein, the City and the Companies mutually stipulate and
agree to the following provisions:
I. CONDITIONS AND PAYMENT
As part of the State of Montana Department of Health and
Environmental Sciences development of the Missoula Area PM-10 Air
Quality Attainment Plan and in order to facilitate the United
States Environmental Protection Administration approval of such a
plan, the Companies agree collectively to assist the City
monetarily in the conversion from the use of sanding material on
the City streets for winter snow and ice control to the use of an
approved de-icer.
The Companies are entering into this agreement to assist the
Missoula City/County Air Pollution Control Board in achieving
compliance with the particulate air quality standards under the
Federal Clean Air Act.
In accordance with the adopted regulation by the Missoula
City/County Air Pollution Control Board and the State
Implementation Plan, the City will use an approved deicer in lieu
of sanding materials in those areas so designated in the
regulations as the required de-icing zone.
The Companies collectively agree to pay the City the sum of $23,200
per year for each of the fiscal years of 1992 and 1993, $15,467 for
the fiscal year of 1994, and $7,733 for the fiscal year of 1995 for
the purpose of substituting an approved de-icer for sanding
material in the required de-icing zone. These yearly payments
shall be made by January 31 in the fiscal year that they are due.
The Companies also agree to make a one-time payment of $7,500 to
the City for the conversion of five City of Missoula trucks to
fully equipped de-icing units. This payment shall be made before
1
Appendix A-44
-------
MISSOULA DE-ICER FUNDING
December 31, 1991.
The City agrees that these payments will constitute the Companies'
contribution to the conversion and the City will assume all other
costs in its regular budget process.
II. LIABILITY
The Companies do not assume any liability for any environmental
degradation, or damage to vehicles, or any other property damage
or personal injury that may result from the City's use of an
approved de-icer, the selection and use of which is the sole
discretion of the City.
Entry into this agreement by the Companies is not an affirmation
by the Companies that the use of an approved de-icer is required
to meet the Clean Air Act, nor that any requirements of the Clean
Air Act impose a duty on the Companies to reduce their particulate
emissions.
III. MODIFICATION AND WAIVER
This Agreement may not be modified, altered, or changed except
pursuant to a written agreement signed by the parties hereto. A
waiver of any term or condition of this Agreement or of any breach
of this Agreement shall not be deemed a waiver of any other term
or condition of this Agreement or any part hereof or of any later
breach of the Agreement.
Any waiver must be in writing.
IV. AFFIRMATIVE ACTION POLICY
Contractors, subcontractors, subgrantees, and other firms doing
business with the City of Missoula or any agency connected with the
City of Missoula must be in compliance with the City of Missoula's
Affirmative Action Plan and Title 49, M.C.A., or forfeit the right
to continue such business dealings. See Attachment A.
V. NON-DISCRIMINATION
The Companies agree that any and all hiring by them related to this
Agreement shall be on the basis of merit and qualifications and
there shall be no discrimination on the basis of race, color,
religious creed, political ideas, gender, age, marital status,
physical or mental handicap, national origin or ancestry, by
persons performing this contract. Qualifications mean such
abilities as are genuinely related to competent performance of the
particular occupational task.
VI. PREVIOUS AGREEMENTS
This Agreement constitutes the entire understanding of the parties
2
Appendix A-45
-------
MISSOULA DE-ICER FUNDING
and is intended as a final expression of their agreement and a
complete statement of the terms thereof. There are no promises,
terms, conditions, or obligations, other than contained herein.
This Agreement shall supersede all previous communications,
representations, or agreements, either oral or written, between
the parties.
VII. TERMINATION PRIOR TO COMPLETION OF CONTRACT
The Companies and the City shall both have the ability to terminate
this agreement for cause or non-compliance with any of the terms,
conditions, and requirements contained herein. Such termination
shall come only after first giving a verbal demand for compliance,
followed by written demand. Termination shall be allowed on the
tenth City business day following receipt by either party of the
other party's written demand. The City shall be allowed to
terminate this agreement unilaterally if studies and/or experience
determine that the de-icer is unsatisfactory, unacceptable or has
adverse impacts and the regulation governing its use is repealed.
VIII ENFORCEMENT LEGAL EXPENSES
If the Companies fail to timely pay, the City shall have the right
to go. to court to enforce collection of the monies due pursuant to
this agreement. If the City prevails the Companies shall also pay
all City expenses and costs of having to go to court to collect the
payments.
IX. NOTICES
Any and all notices to the City of Missoula shall be sent to:
City of Missoula
Attn: Joseph L. Aldegarie, Director of Public Works
435 Ryman Street
Missoula, MT 59802-4297
Phone: 523-4620
Any and all notices to the Companies shall be sent to:
Stone Container
Attn: Larry Weeks
P.O. Box 4707
Missoula MT 59806
Phone: 626-4451
Appendix A-46
-------
MISSOULA DE-ICER.FUNDING
IX. BINDING EFFECT
This agreement shall inure to the benefit of and be binding upon
the City and the Companies and their respective heirs, successors,
administrators, executors, personal representatives and assigns.
X. SEVERABILITY
If a part of this agreement is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of
this agreement is invalid in one or more of its applications, the
part remains in effect in all valid applications that are severable
from the invalid applications.
XI. TERM OF AGREEMENT
This agreement shall be in force and effect from December 2, 199]
through December 2, 1996 unless terminated in writing as provided
hereinbefore.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals on the day and year in this certificate first hereinabove
written.
Stone Container Corp.
CITY OF MISSOULA
W. G. Stuart
Mayor Daniel Kemmis
(CORPORATE SEAL)
ATTEST:
Champion International Corp.
Charles C. Stearns
Finance Officer/City Clerk
Tucker Hill
(CORPORATE SEAL)
Appendix A-47
-------
MISSOULA DE-ICER FUNDING
Louisiana Pacific Corp.
Charles Likes
(CORPORATE SEAL)
APPROVED AS TO FORM:
Jim Nugent, City Attorney
Appendix A-48
-------
RANCHO MIRAGE, CA LETTERS OF CREDIT
Section 7.01.090 Securities
In order to ensure an adequate level of fugitive dust control at a
project site following the completion of grading or demolition
activities, the Director shall require the applicant to submit a
letter of credit or other financial securities which meet the
requirements of the City Attorney and are equal to a percentage of
the grading permit bond. Financial securities collected under the
provisions of this Ordinance would be held by the City for poten-
tial use mitigating the emission of fugitive dust not adequately
controlled by the applicant as required by the approved LAQMP.
9
Appendix A-49
-------
RANCHO MIRAGE LETTERS OF CREDIT
Said securities would be returned to the applicant once the
potential source of fugitive dust emissions has been eliminated.
Section 7.01.100. P*es
For the purpose of paying for the costs of administration associat-
ed with this Ordinance, the City Council may impose, and from time
to time amend, a fee. Payment of this fee is required at the time
of submittal of the LAQMP.
Section 7.010.110 Violations and P*nalti>a
Failure to comply with this Ordinance is hereby declared to be
unlawful and a violation of City regulations and shall be subject
to the penalties and remedies set forth in Chapter 1.08 of Title l
of the Rancho Mirage Municipal Code. A violation of this Chapter
shall be a misdemeanor.
10
Appendix A-50
-------
STREET SANDING GUIDELINES
Attachment for Section 14, Street Sanding Guidelines:
Presque Isle Sanding Guidelines
Denver Sanding Guidelines
Appendix A-51
-------
PRESQUE ISLE, MAINE STREET SANDING GUIDELINES
PARTS
CONTROL OF PARTICULATE MATTER REENTRAINED FROM PAVED ROADS
I. Scope and Purpose
Part B of this Memorandum of Understanding is an agreement among the
Department of Environmental Protection, the Department of Transportation,
and the City of Presque Isle to reduce the amount of fine paniculate matter
(PMio) reentrained into the ambient air by vehicular traffic on paved
roadways. The Department of Transportation's responsibilities are limited to
Part B paragraph n B of this Memorandum of Understanding. Nothing in Part A
of this MOU modifies the terms of Part B, which DEP shall submit to E.P.A. as
a SIP revision.
The following requirements apply to the Vi mile radius critical area centered at
the Northeastland Hotel on Main Street henceforth known as the "critical area"
and consists of the following streets and portions of streets in this area:
Main St., Academy St., State St., Parsons St., Mechanic St., Industrial St.,
Dyer St., Riverside St., Chapman St., Second St., Blake St., Third St., Judd
St., School St., Park St., Wilson St., Allen St., Church St., Oak St., Dudley
St., Barton Si., Hillside St., Howard St., Pleasant St., Maple St., Cedar St.,
Elm St., Dupont Drive, Munson St., Exchange St., Lenfest St., Coburn St.,
Lake St., Cook St., Hall St., Roberts St., Ryan St., Bishop St., Charles St.,
South St., Summer St., and Haines St.,
n. Requirements
A. The City shall not create or keep a stockpile of antiskid material any
sample from which contains over 4% silt by weight or exhibits a
degradation less than 24 by the Washington Degradation Test for use in the
critical area. The City of Presque Isle will use the antiskid material known
as grit plus manufactured sand as a supplemental material when necessary,
that is manufactured by Lane Construction Corporation of Presque Isle. If
Lane antiskid material is not available then DEP and the City will find
another source.
Appendix A-52
-------
PRESQUE ISLE SANDING GUIDELINES
- 6-
B. No party to this MOU shall directly deposit or spill on any paved roadway
any sand, fill, antiskid, or other solid material any sample of which
contains over 4% silt by weight or exhibits a degradation less than 24 by
the Washington Degradation Test.
C. Between December 1 and May 1 the City of Presque Isle shall insure the
dry silt loading (200 mesh material) on the travel lanes does not exceed 10
g/m2 by implementing ongoing sweeping during periods when the
temperature is above 35°F and the water, if necessary to use as a dust
suppressant, 'does not freeze on contact with the pavement. Temperature
and freezing conditions will be determined by the City of Presque Isle.
D. Between December 1 and May 1 removal of curbside and parking lane
deposits from roadways shall commence on days when the temperature
exceeds 35°F and the water, if jiecessary to use as a dust suppressant
during sweeping, does not freeze on contact with the pavement. Silt
removal shall continue until the temperature falls below 33°F, the silt
loading (200 mesh) falls below 10 g/m2, or if icing does not occur, as
determined by the City of Presque Isle.
ffl Record keeping and Reporting Requirements
1. To demonstrate compliance with this MOU the City of Presque Isle shall,
at the request of the DEP or EPA, sample stockpiles created for winter
sanding or other sources Presque Isle intends to use, analyze samples for
silt content and degradation, report sampling and analysis results, and
implement specified record keeping measures. Such records shall be
available for inspection and kept for a period of not less than three years.
DEP will sample road surfaces with support for safety provided by the City
of Presque Isle.
2. The City shall sample supplies of antiskid materials upon receipt, analyze
each sample for silt content and degradation, and report all results to DEP
in writing no less than 30 days after accepting any new material.
3. The City shall maintain, and keep available for inspection for a period not
less than three years, a written record of:
a. The dates, times, and methods of street cleaning conducted pursuant
to this Memorandum of Understanding.
s
b. The time and place of each antiskid material stockpile sample
collected pursuant to this Memorandum of Understanding, and the
results of each silt content or degradation analysis performed on it.
IV Sampling and Testing Methods
A. Sampling of antiskid material, dry street deposits, and other solid material
for compliance with this regulation shall follow the procedures
recommended in Appendix D of Control of Open Fugitive Dust Sources
(EPA-450/3-88-088) (COFDS).
Appendix A-53
-------
DENVER STREET SANDING GUIDELINES
Standardize the Quantity
of Sand Applied
Calibrate and Maintain
Spreaders
Purchase Better
Spreaders
Jse Snowplows Before
Sanding
Focus Sanding on
3riority Areas
GUIDELINES: STREET SANDING
When sand is needed, operators should limit the application rate to no more than 500
pounds per lane mile on each pass. This is the amount of material determined to be
sufficient for maintaining the roads while minimizing the adverse effects of sanding.
The target of 500 pounds per lane mile should apply most of the time, although there
may be some variation based on the type of roadway being sanded. During some
storms it is necessary to sand the roads more than once, but by limiting the amount of
material applied on each pass it is possible to eliminate excessive sanding.
Proper calibration and maintenance of spreaders is critical for reducing the quantity of
sand applied. At the beginning of the snow and ice season, each spreader should be
calibrated to a rate of no more than 500 pounds per lane mile. Calibration should be
verified by testing the equipment under actual operating conditions. This can be done
by laying down a piece of canvas and running the spreader over the area at a typical
speed. The material on the canvas can then be weighed and the application rate
determined.
Spreaders should be properly maintained and adjusted throughout the year. In addition
to normal maintenance and adjustments, spreaders should be recalibrated at least once
during the winter season.
As replacement of spreading equipment becomes necessary, old spreaders should be
upgraded to those capable of achieving the most accurate application rates. While this
equipment is typically more expensive than conventional spreaders, it reduces the
amount of material applied which saves money and,improves atr quality.
Increasing the use of snow plows to remove snow and ice from roadways can reduce
the need for sanding. If it is determined that plowing alone will not be sufficient, sand
should be applied from the same truck that is plowing. Also, the effectiveness of
sanding can be enhanced by plowing during the early stages of a storm. Applying
sanding material to a plowed surface will keep the road clear for a longer period of time
and may eliminate the need to sand the same area again.
The focus of street sanding efforts should be on sections of the roadway network that
are most prone to accidents and areas with special safety concerns. These include:
a) school zones, hospital zones, and pclice and fire
stations;
b) bridges and overpasses;
c) turn lanes and approaches to intersections;
d) curves and inclines;
e) heavy traffic areas; and
f) specific problem areas such as those that receive
little sunlight or where there is excessive snow
accumulation.
The use of sanding material should be limited on local and residential streets as well as
on the straightaway sections of highways and other roadways. In these areas of the
roadway network minor accumulations of snow do not usually present a significant risk,
and plowing can accomplish most of the needed maintenance.
[page 1 of 4]
Appendix A-54
-------
DENVER SANDING GUIDELINES
GUIDELINES: STREET SANDING
Public works officials are under increasing pressure to apply more sand more often,
when in many cases it is not actually needed. When requests for sand are received, a
qualified member of the public works staff should conduct an on-site inspection prior to
sanding. If the individual making the inspection determines that the sand is
unnecessary, it should not be applied. The person making the request should then be
notified of the decision not to sand and the reasons it was made.
Rock salt (sodium chloride) is the most common deicer used in Colorado. While some
type of deicing compound is necessary to keep the roads clear of snow and ice, rock
salt contributes significantly to air and water pollution associated with street sanding.
For this reason, the quantity of salt should be limited to between 12 and 20 percent
depending on weather conditions, and the minimum amount of salt necessary should
always be used.
Timing is an important factor in the application of deicing compounds. By getting the
deicer down in the early stages of a storm, or even right before a storm begins, a brine
is established that will keep the road free of snow and ice longer than if the material is
applied in the later stages of a storm when there is already a significant accumulation of
snow and ice.
Over the past few years, several alternatives to rock salt have been introduced into the
market. The most common alternative deicing compounds are magnesium chloride
(MgCI2), calcium chloride (CaCI2), and calcium magnesium acetate (CMA). The primary
benefits from these compounds are that they melt ice at lower temperatures (MgCI2.and
CaCI2) or are less corrosive (CMA) than rock salt. Use of alternative deicers can lead to
a reduction in the amount of sand applied by more effectively melting snow and ice and
eliminating the need for additional applications of sand
Further testing of these compounds is needed, but there are certain applications which
have already proven effective. Local governments that have experimented with
alternative deicers have found that they are most effective when pavement
temperatures drop below 20 degrees fahrenheit. Under these conditions rock salt is
ineffective, and public works officials find themselves applying more and more sand and
salt without significantly improving road conditions. By using an alternative deicer,
either at full strength or by applying it to the sand, melting occurs more rapidly,
eliminating the need for additional applications of sand.
An area where more work is neeo'ed relates to the application of liquid deicers on the
sanding material. The most common application method is to spray liquid compounds
on the truck loads immediately before they leave the yard. This method has proven
effective, but some public works officials think that better methods are needed. The
Colorado Department of Transportation will begin using a sprayer mounted on the back
of the truck that applies the deicer as the sand is laid down, allowing the operator to
use these deicers only when needed.
Public works officials in the Denver metro area who have experimented with these
compounds believe that under certain conditions they can keep streets free of ice longer
than rock salt. Additional experimentation at the local level is still needed, and state
and local governments that use these materials are encouraged to share their
experience with others so that the effectiveness and cost of alternative deicers can be
documented. The Colorado Department of Transportation conducted tests during the
1990-91 winter and plans to continue this research in 1991-92.
[page 2 of 4] Aooendix A-55
Investigate Requests for
Sand
Limit the Use of Rock
Salt
Early Application of
Deicers
Alternative Deicing
Compounds
I Mr (MHy Cound
2490 W. Mft A**., 4330-B
OOTVW, CO 80311
309-4WMMO
303-480-112B If «t)
-------
DENVER SANDING GUIDELINES
Utilize Weather
information Systems
Training for Operators
GUIDELINES: STREET SANDING
The weather information system currently being used by the Colorado Department of
Transportation and some local governments in the Denver metro area can be used by
public works officials to make better decisions on the need for sanding their roadways.
This system includes a network of pavement sensors and provides forecast information
on pavement temperature, air temperature, precipitation, wind direction, and wind
speed. Such information can help a public works supervisor make better decisions
about when and when not to sand the streets.
Agencies currently using the weather information system believe that the cost of the
system is quickly recovered through reduced sanding and sweeping costs. Over the
long term, the system will not only pay for itself, but can actually end up saving a
department money.
Annual training for the personnel responsible for sanding the roads is another way to
cut ddwn on the amount of sand applied. Excess material may be applied when
spreaders are not set correctly or when sand is applied in areas where it is not needed.
If all personnel fully understand the department's sanding philosophy, which should
include a commitment to environmental quality, they will be able to reduce the amount
of material applied while still providing for public safety.
It is possible to limit excess sanding through a comprehensive annual training program
and many departments already conduct this type of training for their employees. A
training program for operators should strive to:
1) Convey the department's overaH sanding philosophy in terms of how, where,
and how much sand should be applied. This should include information on the
environmental impacts of sanding and the potential cost savings for the
department if optimum sanding practices are used. Operators must realize the
important role their work has in maintaining the public's health, safety, and
quality of life. These objectives will be realized when operators apply enough
sand to keep the roadways safe but not so much that it has a negative impact
on the environment.
\ . .
2) Help operators make better decisions about the need for sanding in cases where
it is left up to their judgement. In many cases the person most likely to
determine whether or not sand is needed is the operator. Therefore, it is critical
that they know what factors to consider when making this decision.
3) Establish a goal of 500 pounds per lane mile per pass as the quantity of sand
that should be applied in most cases.
4) Teach operational practices that reduce excess application of sanding material.
5) Familiarize operators with the various types of equipment they wiH be called on
to use during the course of the year. Most departments have several different
types of trucks and spreading equipment, and operators should be familiar with
each so that they are able to operate them efficiently and make adjustments as
necessary.
[page 3 Of 4] flnr-nHiY A_Rfi
-------
DENVER SANBING- GUIDELINES
GUIDELINES: STREET CLEANING
Whereas the guidelines for street sanding described above will usually result in cost
savings, that is not always the case for the street cleaning guidelines described below.
Improving air quality by improving street cleaning will generally require an increase in
the amount of resources dedicated to street cleaning activities.
Increasing the frequency of street cleaning will require additional staff time and may
require the purchase of additional equipment. Expanding the use of vacuum and
regenerative air machines will require most departments to purchase new equipment as
well as increase the amount of staff time since these machines are slower than broom
sweepers. Vacuum and regenerative air machines do more than broom sweepers to
reduce air pollution, but this benefit could be lost if there is a reduction in the total
number of road miles that get cleaned.
The effectiveness of street sweeping equipment depends in large part on it being
maintained in proper working order. Frequent inspections of brooms, spray bars, and
other parts, and repair or replacement as necessary, will increase the effectiveness of
current street sweeping efforts.
An essential part of this maintenance effort is proper training of the equipment
operators. Operators should be provided with a checklist of items to inspect on a daily
basis, and when problems are found they should be repaired as soon as possible. This
kind of awareness on the part of operators will not only lead to cleaner streets but will
also reduce equipment and maintenance costs that come from neglect. Operators
should go through some type of refresher course on these procedures on an annual
basis. .'
Increasing the frequency of street sweeping operations is another way to reduce the
amount of reentrained road dust that ends up polluting the air. An important element of
this strategy during the winter months is to sweep roads that have been sanded as
soon as possible after each storm. Recognizing that most departments are already
sweeping as much as they can, it will probably be necessary to devote additional
resources for the equipment and personnel needed to increase street sweeping efforts.
Some local governments in the Denver area contract with private firms for additional
sweeping during those times of the year when an increased level of service is needed.
Most local governments currently use mechanical broom sweepers which have a
tendency to pick up the larger material while blowing much of the fine paniculate
matter into the air. Vacuum and regenerative air machines have been shown to be
more effective than mechanical"broom sweepers for picking up fine paniculate matter,
however, these machines may not always be as effective at picking up the larger size
fraction.
Going to a fleet of all vacuum or regenerative air machines is not a practical alternative
for most departments, but public works officials are encouraged to assess where these
machines would be effective and to purchase these types of machines as appropriate
when replacing older equipment.
One promising strategy is to use vacuum or regenerative air machines in tandem with
mechanical broom sweepers. Using broom sweepers to pick up the larger particles and
vacuum or regenerative air machines to pick up the fine material will minimize the
amount of reentrained dust from roadways.
[page 4 of 4]
Appendix A-57
Maintain Sweeping
Equipment
Increase the Frequency
of Street Sweeping
Expand the Use of
Vacuum and Air
Machines
-------
TAX CREDITS AND REBATES
Attachments for Section 15, Tax Credits and Rebates:
Montana Tax Credit Worksheet
Oregon Tax Credit Rules
Appendix A-58
-------
MONTANA WOODSTOVE TAX CREDIT WORKSHEET
Rev. 7-92 Montana
NONFOSSIL/GEOTHERMAL ENERGY SYSTEM CREDIT
Credit allowed residents for certain nonfossil energy systems installed in Taxpayer's principal dwelling
Name(s) as shown on Form 2
Social Security*
Address of installation (if not same as on Form 2}.
Description of installation (brand & model)
Eligible Wood burning stove or Biomass combustion device (see instructions)
Date installation was completed in your home
1. Cost of system, including cost of installing 1.
2. Amount of grants received 2.
3. Subtract line 2 from 1 3.
4. Enter 10% of the first $1,000 shown on line 3 4.
5. Enter 5% of the amount on line 3 in excess of $1,000 5.
6. Total of lines 4 & 5. (Maximum credit — $250) 6.
Eligible Wood pellet or other nonfossil Biomass pellet combustion device.
Date installation was completed in your home
7. Cost of system including cost of'installing 7.
8. Amount of grants received 8.
9. Subtract Line 8 from Line 7 9.
20%
10. Enter jS% of first $1,000 shown on Line 9 10.
11. Enter 10% of the amount of Line 9 in excess of $1,000 11.
12. Total of Lines 10 & 11 (maximum credit of $500) 12.
Nonfossil energy system
Date installation was completed in your home
(In the event you acquired title to a dwelling to be used as your principal residence and it was equipped with a nonfossil
energy system, give date of acquisition)
13. Cost of system including installation 13.
14. Amount of grants received 14.
15. Subtract Line 14 from Line 13 15.
16. Enter 10% of first $1,000 shown on Line 15 16.
17. Enter 5% of the amount of Line 15 in excess of $1,000 17.
18. Total of Lines 16 & 17 (maximum credit of $250) 18.
Geothermal system
Date installation was completed in your home
19. Cost of system including installation " 19.
20. Amount of grants received 20.
21. Subtract Line 20 from Line 19 21.
22. Maximum allowable credit peryear$250 22.
23. Total amount claimed for previous years .. 23.
24. Add Lines 6,12,18 & 22, enter here and on FormjZA, Schedule II, Line 98 24.
-------
Oregon Revised Statutes
POLLUTION CONTROL 468.155
POLLUTION CONTROL FACILITIES
TAX CREDIT
468.150 Field sanitation and straw
utilization and disposal methods as "pol-
lution control facilities." After alternative
methods for Hold sanitation and straw utili-
zation and disposal are approved by the
committee and the department, "pollution
control facility," as defined in ORS 468.155,
shall include such approved alternative
methods and persons purchasing and utiliz-
ing such methods shall be eligible for the
benefits allowed by ORS 468.155 to 468.190.
11975 c.559 §151
Note: 463.150 was enacted into law by the Legis-
lative Assembly but was not added to or made a part
of ORS chapter 468 or anv series therein by legislative
action. See Preface to Oregon Revised Statutes for fur-
ther explanation.
468.155 Definitions for ORS 468.155 to
468.190. (l)(a) As used in ORS 468.155 to
468.190, unless the context requires other-
wise, "pollution control facility" or
"facility" means any land, structure, build-
629
Appendix A-60
-------
468.160
OREGON TAX CREDIT
PUBLIC HEALTH AND SAFETY
ing, installation, excavation, machinery,
•equipment or device, or any addition to, re-
construction of or improvement of, land or
an existing structure, building, installation,
excavation, machinery, equipment or device
reasonably used, erected, constructed or in-
stalled by any person if:
(A) The principal purpose of such use,
erection, construction or installation is to
comply with a requirement imposed by the
department, the federal Environmental Pro-
tection Agency or regional air pollution au-
thority to prevent, control or reduce air,
water or noise pollution or solid or hazard-
ous waste or to recycle or provide for the
appropriate disposal of used oil; or
(B) The sole purpose of such use,
erection, construction or installation is to
prevent, control or reduce a substantial
quantity of air, water or noise pollution or
solid or hazardous waste or to recycle or
provide for the appropriate disposal of used
oil.
(b) Such prevention, control or reduction
required by this subsection shall be accom-
plished by:
(A) The disposal or elimination of or re-
design to eliminate industrial waste and the
use of treatment works for industrial waste
as defined in ORS 468.700;
(B) The disposal or elimination of or re-
design' to eliminate air contaminants or air
pollution or air contamination sources and
the use of air cleaning devices as defined in
ORS 468.275;
(C) The substantial reduction or elimi-
nation of or redesign to eliminate noise pol-
lution or noise emission sources as defined
by rule of the commission;
(D) The use of a material recovery proc-
ess which obtains useful material from mate-
rial that would otherwise be solid waste as
defined in ORS 459.005, hazardous waste as
defined in ORS 466.005, or used oil as defined
in ORS 468.850; or
(E) The treatment, substantial reduction
or elimination of or redesign to treat, sub-
stantially reduce or eliminate hazardous
waste as defined in t)RS 466.005.
(2) "Pollution control facility" or
"facility" does not include:
(a) Air conditioners;
(b) Septic tanks or other facilities for
human waste;
(c) Property installed, constructed or
used for moving sewage to the collecting fa-
cilities of a public or quasi-public sewerage
system;
(d) Any distinct portion of a pollution
control facility that makes an insignificant
contribution to the principal or sole purpose
of the facility including the following specific
items:
(A) Office buildings and furnishings;
(B) Parking lots and road improvements;
(C) Landscaping;
(D) External lighting;
(E) Company or related signs; and
(F) Automobiles;
(c) Replacement or reconstruction of all
or a part of any facility for which a pollution
control facility certificate has previously
been issued under ORS 468.170, except:
(A) If the cost to replace or reconstruct
the facility is greater than the likc-for-liko
replacement cost of the original facility due
to a requirement imposed by the department,
the federal Environmental Protection Agency
or a regional air pollution authority, then
the facility may be eligible for tax credit
certification up to an amount equal to the
difference between the cost of the new facil-
ity and the like-for-like replacement cost of
the original facility; or
(B) If a facility is replaced or recon-
structed before the end of its useful life then
the facility may be eligible for the remainder
,of the tax credit certified to the original fa-
• cility;
(f) Asbestos abatement; or
(g) Property installed, constructed or
used for clean up of emergency spills or un-
authorized releases, as defined by the com-
mission. [Formerly 449.605; 1D75 c.496 "§1; 1977 c.795
§1; 1979 c.802 §1; 1933 c.637 §1; 1987 c.596 §4; 1989 c.802
§41
468.160 Policy. In the interest of the
public peace, health and safety, it is the pol-
icy of the State of Oregon to assist in the
prevention, control and reduction of air, wa-
ter and noise pollution and solid waste, haz-
ardous wastes and used oil in this state by
providing tax relief with respect to Oregon
facilities constructed to accomplish such
prevention, control and reduction. (Formerly
449.615; 1975 c.496 §2; 1977 c.795 §2; 1979 c.802 §2)
468.165 Application for certification of
pollution control facilities; fees. (1) Any
person may apply to the commission for cer-
tification under ORS 468.170 of a pollution
control facility or portion thereof erected,
constructed or installed by the person in
Oregon if:
(a) The air or water pollution control fa-
cility was creeled, constructed or installed
cm or after January 1, 1967.
(b) The noise pollution control facility
was erected, constructed or installed on or
after January 1, 1977.
36-630
Appendix A-61
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OREGON TAX CREDIT
POLLUTION CONTROL
468.170
(c) The solid waste facility was under
construction on or after January 1, 1973, the
hazardous waste or used oil facility was un-
der construction on or after October 3, 1979,
and if:
(A) The facility's principal or sole pur-
pose conforms to the requirements of ORS
468.155 (1);
(B) The facility will utilize material that
would otherwise be solid waste as defined in
ORS 459.005, hazardous waste as defined in
ORS 466.005 or used oil as defined in ORS
468.850 by mechanical process or chemical
process or through the production, process-
ing including prcsegregation, or use of, ma-
terials which have useful chemical or
physical properties and which may be used
for the same or other purposes, or materials
which may be used in the same kind of ap-
plication as its prior use without change in
identity;
(C) The end product of the utilization is
an item of real economic value;
(D) The end product of the utilization,
other than a usable source of power, is com-
petitive with an end product produced in an-
other state; and
(E) The Oregon law regulating solid
waste imposes standards at least substan-
tially equivalent to the federal law. '
(3) The "hazardous waste control facility
was erected, constructed or installed on or
after January 1, 1984, and if:
(A) The facility's principal or sole pur-
pose conforms to the requirements of ORS
468.155 (1); and
(B) The facility is designed to treat, sub-
stantially reduce or eliminate hazardous
waste as defined in ORS 466.005.
(2) The application shall be made in
writing in a form prescribed by the depart-
ment and shall contain information on the
actual cost of the facility, a description of
the materials incorporated therein, all ma-
chinery and equipment made a part thereof,
the existing or proposed operational proce-
dure thereof, and a statement of the purpose
of prevention, control or reduction of air,
water or noise pollution or solid or hazard-
ous waste or recycling or appropriate dis-
posal of used oil served or to be served by
the facility and the portion of the actual cost
properly allocable to the prevention, control
or reduction of air, water or noise pollution
or solid or hazardous waste or to recycling
or appropriately disposing of used oil as set
forth in ORS 468.190 (2).
(3) The director may require any further
information the director considers necessary
before a certificate is issued.
(4) The application shall be accompanied
by a fee established under subsection (5) of
this section. The fee may be refunded if the
application for certification is rejected.
(5) By rule and after hearing the com-
mission may adopt a. schedule of reasonable
fees which the department may require of
applicants for certificates issued under ORS
468.170. Before the adoption or revision of
any such fees the commission shall estimate
the total cost of the program to the depart-
ment. The fees shall be based on the antic-
ipated cost of filing, investigating, granting
and rejecting the applications and shall be
designed not to exceed the total cost esti-
mated by the commission. Any excess fees
shall be held by the department and shall be
used by the commission to reduce any future
fee increases. The fee may van,' according to
the size and complexity of the facility. The
fees shall not be considered by the commis-
sion as part of the cost of the facility to be
certified.
(6) The application shall be submitted
within two years of substantial completion
of construction of the facility. Failure to file
a timely application shall make the facility
ineligible for tax credit certification. An ap-
plication shall not be considered filed until
it is complete and ready for processing. The
commission may grant an extension of time
to file an application for circumstances be-
yond the control of the applicant that would
make a timely filing unreasonable. If a facil-
ity is completed before January 1, 1984, the
application shall be submitted within two
vears after January 1, 1984. (Formerly 449.625,
'1974 s.s. c 37 §2; 1975 c.496 §3; 1977 c.795 §3; 1979 C.S02
§3; 1981 c.359 §1; 1983 c.637 §2; 19S9 C.S02 §5)
468.170 Action on application; re-
jection; appeal; issuance of certificate;
certification. (1) The commission shall act
on an application for certification before the
120th day after the filing of the application
under ORS 468.165. The action of the com-
mission shall include certification of the ac-
tual cost of the facility and the portion of the
actual cost properly allocable to the pre-
vention, control or reduction of air, water or
noise pollution or solid or hazardous waste
or to recycling or properly disposing of used
oil as set forth in ORS 468.190 (2). The actual
cost or portion of the actual cost certified
shall not exceed the taxpayer's own cash in-
vestment in the facility or portion of the fa-
cility. Each certificate shall bear a separate
serial number for each such facility.
(2) If the commission rejects an applica-
tion for certification, or certifies a lesser ac-
tual cost of the facility or a lesser portion
of the actual cost properly allocable to the
prevention, control or reduction of air, water
or noise pollution 'or solid or hazardous
36-631
Appendix A-62
-------
468.180
OREGON TAX CREDIT
PUBLIC HEALTH AND SAFETY
waste or to recycling or properly disposing
of used oil than was claimed in the applica-
tion for certification, the commission shall
cause written notice of its action, and a
concise statement of the findings and reasons
therefor, to be sent by registered or certified
mail to the applicant before the 120th day
after the filing of the application.
(3) If the application is rejected for any
reason, including the information furnished
by the applicant as to the cost of the facility,
or if the applicant is dissatisfied with the
certification of actual cost or portion of the
actual cost properly allocable to prevention,
control or reduction of air. water or noise
pollution or solid or hazardous waste or to
recycling or properly disposing of used oil,
the applicant may appeal from the rejection
as provided in ORS 468.110. The rejection or
the certification is final and conclusive on
all parties unless the applicant takes an ap-
peal therefrom as provided in ORS 468.110
before the 30th day after notice was mailed
by the commission.
(4)(a) The commission shall certify a pol-
lution control, solid waste, hazardous waste
or used oil facility or portion thereof, for
which an application has -been made under
ORS 468.165, if the commission finds that the
facility:
(A) Was wected, constructed or installed
in accordance with the requirements of ORS
468.165 (1) ;
(B) Is designed for, and is being operated
or will operate in accordance with the re-
quirements of ORS 468.155 (1) and (2); and
(C) Is necessary to satisfy the intents and
purposes of ORS 454.010 to 454.040, 454.205
to 454.255, 454.405, 454.425, 454.505 to
454.535, 454.605 to 454.745, ORS chapters 459,
466 and 467 and this chapter and rules
thereunder.
(b) No determination of the proportion of
the actual cost of the facility to be certified
shall be made until receipt of the application.
(c) If one or more facilities constitute an
operational unit, the commission may certify
such facilities under one certificate. A cer-
tificate under this section is effective for
purposes of tax relief in accordance with
ORS 307.405, 316.097 and 317.116 if erection,
construction or installation of the facility
was completed before December 31, 1995.
(5) A person receiving a certificate under
this section may take tax relief only under
ORS 316.097 or 317.116, depending upon the
tax status of the person's trade or business
except if the taxpayer is a corporation or-
ganized under ORS chapter 61 or 62, or any
predecessor to ORS chapter 62 relating to
incorporation of cooperative associations, or
is a subsequent transferee of such a corpo-
ration, the tax relief may be taken only un-
der ORS 307.405.
(6) If the person receiving the certificate
is an electing small business corporation as
defined in section 1361 of the Internal Re-
venue Code, each shareholder shall be enti-
tled to take tax credit relief as provided in
ORS 316.097, based on that shareholder's pro
rata share of the certified cost of the facility.
(7) If the person receiving the certificate
is a partnership, each partner shall be enti-
tled to take tax credit relief as provided in
ORS 316.097, based on that partner's pro rata
share of the certified cost of the facility.
(8) Certification under this section of a
pollution control facility qualifying under
ORS 468.165 (1) shall be granted for a period
of 10 consecutive years which 10-year period
shall begin with the tax year of the person
in which the facility is certified under this
section, except that if ad valorem tax relief
is utilized by a corporation organized under
ORS chapter 61 or 62 the facility shall be
exempt from ad valorem taxation for a period
of 20 consecutive years.
(9) Portions of a facility qualifying under
ORS 468.165 (l)(c) may be certified"separately
under this section if ownership of the
portions is in more than one person. Certif-
ication of such portions of a facility shall
include certification of the actual cost of the
portion of the facility to the person receiving
the certification. The actual cost certified for
all portions of a facility separately certified
under this subsection shall not exceed the
total cost of the facility that would have
been certified under one certificate. The pro-
visions of ORS 316.097 (8) or 317.116 (8),
whichever is applicable, shall apply to any
sale, exchange or other disposition of a cer-
tified portion of a facilitv. (Formerlv 449.635; 1974
s.s. c.37 §3. 1975 c.496 §4; 1977 "c.795 §4; 1979 c.531 §C; 1979
c S02 §4; 19.S1 c.408 §3; 1933 c.637 §3; 1987 c.596 §5; 19^9
C.S02 §61
468.175 [1973 c.831 §2; 1975 c.496 §5; 1977 c.795 §5;
1979 C.&02 §5; repealed by 19S9 c.«02 §*l
46S.180 Conditions for issuance of cer-
tificate under ORS 468.170. (1) No certif-
ication shall be issued by the commission
pursuant to ORS 468.170 unless the facility,
facilities or part thereof was erected, con-
structed or installed in accordance with the
applicable provisions of ORS 454.010 to
454.040, 454.205 to 454.255, 454.405, 454.425,
454.505 to 454.535, 454.605 to 454.745, ORS
chapters 459, 465, 466 and 467 and this chap-
ter and the applicable rules or standards
adopted pursuant thereto.
(2) Nothing in this section is intended to
apply to erection, construction or installation
of pollution control facilities begun before
October 5, 1973. [1973 c.831 §3. 1975 c496 §6; 1977
c.795 §6; 1979 c.802 §6; 1989 C.S02 §7|
36-632
Appendix A-63
-------
TRADEABLE PERMITS
Attachments for Section 16, Tradeable Permits:
Spokane Tradeable Permits Rules
Telluride Tradeable Permits Rules
Appendix A-64
-------
SPOKANE, WA TRADEABLE PERMITS FOR OPEN-BURNING
SECTION 6.10 GRASS FIELD BURNING
A. Purpose and Authority. !
This section is enacted pursuant to authority granted by RCW
70.94.141 to establish conditions for issuance of permits for
burning of turf grass fields and field and forage grass fields and
to implement restrictions upon grass field burning consistent with
the provisions of WAC 173-430-030.
B. Definitions.
As used in this section, words and terms shall have the meanings
herein stated:
(1) Turf grasses: All blue grasses, fescues, bentgrass, and
perennial ryegrass, planted to produce seed.
(2) Open burning: The combustion of materials in the open or in
a container, with no provision for the control of the
combustion or control over the combustion products.
(3) Emissions: A release of air contaminants into the outdoor
atmosphere.
(4) Field and forage grasses: canary grass, brome grass, oat
grass, timothy, wheat grass, and orchard grass, planted to
produce seed.
(5) Straw: All material, other than seed, removed by swathing,
combining, or cutting.
(6) Director: The Director of Spokane County Air Control
Pollution Authority.
(7) Authority: The Spokane County Air Pollution Control Authority.
Article VI - Page 11
Appendix A-65
-------
SPOKANE TRADEABLE PERMITS
(8) Board or Board of Directors: The Board of Directors of
Spokane County Air Pollution Control Authority.
C. Permit Required:
No person shall open burn any grass field in Spokane County without
first obtaining a permit therefore and paying such fee as is
hereinafter provided. The Director shall issue permits to all
persons entitled thereto upon payment OJL the fee, all as hereinafter
provided.
D. Field and Forage Grass Burning Prohibited - Exceptions:
Open burning of field and forage grasses is hereby prohibited,
EXCEPT a permit may be issued to burn field and forage grasses for
disease, pest or weed control if there is a need to burn such
grasses with such need certified by a county agent or other
agricultural authority; or if such grasses were planted as part of
a soil erosion control plan approved by a conservation district.
Any permit issued pursuant to the exception herein stated may be
subject to any and all conditions and restriction of other permits
herein provided.
E. Permits to Burn Grass Fields - Applications:
Before the Director shall issue a permit to burn a grass field the
applicant shall apply therefore as follows:
(1) All persons desiring to burn grass field(s) shall apply for a
permit therefore prior to June 15 of the year in which he or
she desires to burn. Applications received after June 15 may
not be processed for that year's burning season.
(2) The application shall be in writing upon a form to be provided
by the Director and shall be submitted to the Director or such
person as the Director may designate.
(3) The permit application shall contain the following information:
a. The name, address, telephone number, social security
account number or federal employer identification
number of the applicant. If the applicant is not an
individual, the application shall state whether the
applicant is a corporation, partnership, or other
entity, and shall specify the relationship between the
applicant and the person acting on behalf of the
applicant, i.e. owner, manager, partner, etc.;
b. A description of the field(s) to be burned so as to
enable the Director to locate the field for inspection
and verification of other information. As a minimum the
^ description shall include the county tax parcel number,
the name of any roads bordering the property, any
identifying landmarks on or near the property, and a
narrative description of the most available access to
the property;
c. The number of acres encompassed in each separate field;
d. The type of grass grown and to be burned;
e. Whether for each of the five preceding years, the field
was burned and if so, by whom, if known;
f. The name and relationship to the applicant of the person
who will initiate the burn and who will be responsible
Article VI - Page 12
Appendix A-66
-------
SPOKANE TRADEABLE PERMITS
for control of the burn to insure only permitted area is
burned and other permit conditions are met.
(4) The Director may require such other information to insure
identity of the applicants and property and to compile
information to aid in future development of policy to prevent
air pollution.
(5) The Director shall not issue a permit unless the application
shall be submitted as herein provided, and the Director shall
revoke any permit issued if upon investigation it shall appear
that any information provided in the application is
substantially untrue.
F. Base Acreage Determination:
(1) Base acreage establishes permit history and is defined as the
greatest number of acres that a person or entity has burned,
under permit issued by the Authority, in any single year from
1985 to 1989 inclusive, except that if more than one
applicant has received a permit in the same period to burn the
same field(s), then only the last person or entity to Burn the
field(s) may use the field(s) in determining the base acreage
total.
(2) Each applicant shall identify with specificity the year and
number of acres burned, including the location, whereupon the
Director shall cause a record to be made of the determination
for each applicant, and the Director shall mail notice to each
applicant of the base acreage determination for that
applicant. No person or entity, possessing base acreage, may
apply for or be granted a permit to burn grass field(s) unless
the grass field (s) are) under the applicant's direct control,
either by ownership or lease.
(3) No person or entity may apply for or be-granted a permit to
burn grass field(s) unless the person or entity establishes
base acreage which equals or exceeds the number of acres
specified in the application. After November 6, 1993, no
person or entity may possess base acreage unless the person or
entity has a valid conservation plan which has been approved
by the Spokane County Conservation District or the Soil
Conservation Service of the United States Department of
Agriculture. Such plan shall specify present or future intent
to maintain perennial grasses in rotation as part of a
conservation system. All persons or entities possessing base
acreage on May 6, 1993, and intending to retain base acreage,
shall submit to the Authority evidence of approval of such
plan no later than November 6, 1993. All base acreage for
which such evidence of a valid conservation plan has not been
established by November 6, 1993, shall be transferred to the
Base Acreage Account of the Authority. Within 90 days of
amendment of a conservation plan, the affected person or
entity shall submit evidence of such amended plan to the
Authority.
(4) Any person or entity alleging permit history pursuant to
Chapter 173-430 WAC, and aggrieved by the determination of the
Director may give notice thereof in writing, stating all
reason(s) for being aggrieved. Upon receipt of written
notice, the Director shall determine if the base acreage
entitlement shall be modified and give notice of the
determination. If still aggrieved, then the person or entity
may request a hearing before the Board of Directors of the
Authority, and upon hearing the Board of Directors shall
determine if the base acreage entitlement shall be modified.
Appendix A-67 Article VI - Page 13
-------
SPOKANE.TRADEABLE PERMITS
Such request for hearing by an aggrieved person or entity, in
order to be considered, must be received by the Authority
within 30 days of the Director's determination. The decision
of the Board of Directors shall be final, except for any
further appeal as may be allowed by law to the Pollution
Control Hearings Board or the courts.
(5) Any hearing, as mav be provided for herein, may be conducted
by a hearings official appointed by the Board of Directors.
If the Board of Directors chooses to appoint a hearings
official to conduct the hearing, the decision of such hearings
official shall be the final decision of the Board of
Directors.
(6) Permits when properly applied for may issue for 100% of an
applicant's entitlement reflected in the base acreage
determination, unless prorata reductions are imposed, as
provided in Section 6.10.1. In the event that prorata
reductions are imposed, the base acreage in the Base Acreage
Account of the Authority shall be reduced at the same time by
the same percentage.
(7) If upon any determination of a person's or entity's base
acreage, it shall appear that the person or entity is entitled
to count acreage formerly included in another applicant's base
acreage, then the Director shall reduce the prior applicant's
base acreage determination, credit the new person or entity
accordingly, and give notice thereof to both parties. Appeal
may be had from any such determination to the Board of
Directors of the Authority as provided in Section 6.10.F.(4).
(8) Base acreage shall apply to a person or entity and not to
specific parcels of land. Base acreage is transferable at the
option of the person 'or entity, at the time an equivalent
number of acres of land is transferred, by sale, lease,
expiration of lease, or inheritance, to a spouse, son,
daughter, or other successor to the land, or by operation of
law, and becomes the possession of the successor to the'land,
except as provided in Section 6.10.F.(9). The person or
entity possessing base acreage may retain all or part of base
acreage upon transfer of land or loss of interest in the land,
provided the retained base acreage does not exceed the total
area of land, intended for agricultural use, which remains
under control of the person or entity, either by ownership or
lease, and provided the lease or sublease does not constitute
a temporary transfer agreement as described in Section
6.10.F.(9). Any person or entity with base acreage exceeding
the total area of land, intended for agricultural use,
remaining under their control as a result of such land
transfer or loss of interest in the land may petition the
Director for retention of excess base acreage for up to 24
months from the date of transfer or loss of interest in the
land. Such petition shall be made in writing within 90 days
of land transfer or loss of interest in the land. The
Director shall grant the retention of excess base acreage if
the person or entity demonstrates to the satisfaction of the
Director that every reasonable effort is being made to secure
additional acreage of land for intended agricultural use which
equals or exceeds the base acreage excess and which complies
with Section 6.10F.(3). The Director may grant an extension
of time for up to 24 additional months, if the person or
entity demonstrates to the satisfaction of the Director that
specific parcels of land will be secured by a specified date
and the requirements of Section 6.10F. (3) will be met.
Otherwise, any excess base acreage resulting from such land
transfer or loss of interest in the land, is transferred to
Article VI - Page 14 Appendix A-68
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SPOKANE TRADEABLE PERMITS
the Base Acreage Account of the Authority. Nothing in Section
6.10.F.(8) shall be construed as limiting the rights of
aggrieved persons or entities to appeal, pursuant to the
provisions of Section 6.10.F.(4).
(9) Any person or entity, possessing base acreage and having title
to or leasehold interest in equivalent acreage of land, may
enter into an agreement with a lessee or sublessee of the land
to temporarily transfer base acreage for the term of the lease
or sublease, provided the person or entity possessing the base
acreage notifies the Authority in writing within 90 days of
the transfer. At a minimum, notification shall include the
effective date of the lease or sublease, the expiration date
of the lease or sublease, the number of acres of land
transferred or leased and the number of base acres
transferred. Upon expiration of the lease or sublease, the
base acreage shall revert to the person or entity who
transferred the base acreage.
(10) Except as provided in Section 6.10.F.(9), any person or
entity, possessing base acreage, may voluntarily relinquish
all or a portion of said base acreage to the Base Acreage
Account of the Authority. No person or entity, possessing
base acreage, may transfer base acreage directly to another
person or entity, except as provided in Sections
6.10.F.(8)fi(9).
(11) Any person or entity intending to engage in the business of
growing turf grass or field and forage grass for seed may
apply -to the Authority for base acreage from the Base Acreage
Account. The Director may require proof of ownership or
lease, proof of intent to own or lease equivalent acres of
agricultural lands, arad/or proof of compliance with Section
6.10.F.(3) before an application is approved.
(12) Any person or entity which transfers base' acreage to the Base
Acreage Account of the Authority shall specify to the
Authority a minimum bid price per acre to be paid as
compensation by a person or entity which purchases base
acreage. The transferring person or entity shall place the
specified minimum bid price inside a sealed envelope, with the
name of the person or entity and the amount of base acreage
specified on the outside of the envelope, and deliver it to
the Authority. The envelope shall be clearly marked on the
outside with the word, "transferred". Base acreage shall be
disbursed from the Account, in order of priority, beginning
with the lowest and proceeding to the highest specified
minimum bid price per acre (as specified by the seller),
except that any base acreage with a specified minimum bid
price exceeding the highest bid, shall not be disbursed from
the account. In the case of a required transfer of base
ascreage to the Base Acreage Account, if the person or entity
fails to specify a minimum bid price per acre, the Authority
shall establish the bid price as the average of all the
specified minimum bid prices of base acreage in the Base
Acreage Account for which there are apparent successful
matches between seller and bidder at the time the bids are
opened. In the case of two or more specified minimum bid
prices being the same, the base acreage shall be disbursed
from the account on the basis of equal percentage from each
affected transferring p'erson or entity. Transfer of base
acreage to the Base Acreage Account constitutes consent to
sell the base acreage in total or in increments as determined
by the successful bids.
Article VI - Page 15
Appendix A-69
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SPOKANE TRADEABLE PERMITS
(13) Base acreage shall be disbursed from the Base Acreage Account
to persons or entities, as described in Section 6.10.F.(11),
by a sealed, competitive bid process. The bidder shall place
the actual bid price inside a sealed envelope, with the name
of the bidder, and the number of base acres desired on the
outside of the envelope, and deliver it to the Authority. The
envelope shall be clearly marked on the outside with the word,
"bid". The bidder shall also specify on the outside of the
envelope the minimum number of base acres the bidder will
commit to purchase in the event that the full base acreage
request cannot be met. If the number of base acres available
to the bidder is less than the bidder's minimum commitment to
purchase, then the bid shall be deemed unsuccessful. Base
acreage shall be awarded, in order of priority, beginning with
the highest bidder and proceeding to the lowest bidder. In
the case of two or more bid prices being the same, the base
acreage shall be awarded on the basis of equal percentage of
request to each bidder. The successful bidder shall pay to
the transferring person or entity, the minimum bid price per
acre, specified by the transferring person or entity, plus
one-half of the difference between the specified minimum bid
price and the actual bid price, for each acre purchased.
Payment shall be made within 5 days of bid opening by delivery
by the successful bidder to the Authority of a cashier check,
certified check, or money order in the amount of the purchase
price and payable to the transferring persons or entities.
Within 5 days of receipt of all such payments for the
completed competitive bid process, the Director shall transmit
the payments directly to the transferring persons or entities.
(14) The person or entity awarded base acreage from the Base
Acreage Account shall, in addition, pay one dollar ($1) per
base acre disbursed, t;o the Authority. The Director shall
transmit the one dollar ($) per acre fee to the Grass Seed
Burning Research Account in the General Fund of the State of
Washington. For every base acre disbursed from the Base
Acreage Account, the person or entity shall be credited by the
Authority with 0.9 base acres, after showing proof of payment.
Any base acreage remaining in the Base Acreage Account for six
(6) years or more shall no longer be eligible for
disbursement.
(15) Disbursement of base acreage by sealed, competitive bid shall
occur twice eacn year, between April 1, and April 15, and
between October 1, and October 15, on dates established by the
Director, provided there is base acreage in the Account. In
addition, a special one-time disbursement of base acreage
shall occur within 30 days of the effective date of the
amendments to Section 6.10.F., provided there is base acreage
in the Account. On each specified date, the Director or his
designated representative shall open all envelopes of the
sellers and bidders and match the transferred base acreage
with the bids as described in Sections 6.10.F(12)&(13). Any
person or entity which specified a minimum bid price per acre,
as provided in Section 6.10.F(12), may modify the specified
minimum by presenting the Director with a substitute sealed
envelope. Such substitution must be received by the Authority
no later than 5 days prior to the established dates of bid
opening. All transferring persons or entities which
participate in the competitive bid process and fail to sell
all or part of their base acreage shall submit a new sealed
envelope, as described in Section 6.10.F.(12), no later than
5 days prior to the next established date of bid opening. No
base acreage which has been transferred to the Base Acreage
Account may be removed, retrieved, or disbursed from the
Account except as provided in Sections 6.10.F.(13)& (15).
Article VI - Page 16
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SPOKANE TRADEABLE PERMITS
(16) If the entity is a corporation or partnership, upon
dissolution, liquidation, consolidation, or reorganization,
the base acreage shall be divided equally among the
shareholders, partners, or tenants in proportion to their
ownership. Any use of a business entity, such as a
partnership, corporation or otherwise, for the purpose of
avoiding the restrictions, conditions, or limitations on the
transfer of base acreage as required by Section 6.10.F. shall
constitute a violation of this regulation and have no force or
effect.
(17) No person or entity may retain, receive, or transfer base
acreage through willful misrepresentation or failure to fully
disclose all relevant facts. If it is determined that a
person or entity has retained, received, or transferred base
acreage through such misrepresentation or failure of
disclosure, in addition to being subject to the penalties
provided in Article II of Regulation I, such retention,
receipt, or transfer shall be rendered null and void.
(18) Section 6.10.F. does not create nor is it intended to create
any vested or compensable right in any base acreage by an
owner, lessor, lessee, purchaser, permit holder, applicant, or
other person.
G. Burning Season:
A burning season shall be set< by the Director each year. The
Director shall consider relevant information submitted prior to
making the determination of the burning period, and he shall set the
period so as to best satisfy existing agricultural practices. The
burning season shall be for a period of 16 consecutive days,
exclusive of Fridays, Saturdays, Sundays and holidays, and shall not
be extended once it has started. Any permit holder that does not
complete all permitted burning during the burning season shall not
burn at any later date that year.
H. Permit conditions - Generally:
(1) Permits to burn grass fields shall be issued by the Director
conditionally, and as hereinafter provided shall allow burning
of grass fields only as provided in the permit. The effective
period of a permit shall coincide with the burning season for
the year in which it is issued.
(2) Permits to burn grass fields shall only allow burning during
the burning season established by the Director.
(3) Permits to burn grass fields shall only be effective for
specified hours, as determined by the Director on each day
burning is allowed.
(4) Permits to burn shall be subject to the granting of daily
authority to initiate a field burn by the Director. Each
permit holder shall, prior to initiating any burn, contact the
Director or his or her representative and only upon being
given permission to initiate a burn shall a field be burned,
and only that specific field for which permission is given.
(5) The Director shall withhold permission to initiate a burn
unless:
a. Existing and forecast winds are such as to direct smoke
from the site of the burn away from the City of Spokane,
the City of Coeur d'Alene, the Spokane Valley, and other
densely populated areas.
Article VI - Page 17
Appendix A-71
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SPOKANE TRADEABLE PERMITS
b. Wind speed is expected to be less than 20 miles per hour
at ground level.
c. Air pollutants from all other sources are not excessive,
including air pollutants from other grass burns.
d. All air contaminants from every preceding days' burn
shall be substantially dispursed.
e. The Director as a condition of allowing burning may
require pertinent weather data be submitted by permit
holders. All data provided by the applicants shall be
telemetered into the Spokane County Air Pollution
Control Authority office in Spokane, Washington.
(6) All permit holders shall have available at the site of any
burn a person in charge of the burn who shall have in his or
her possession the permit, or copy thereof, and upon request
shall display the permit to the Director or his or her
representative.
(7) If permission to burn on a specific day is given, the
Director, or his representative, may revoke that permission if
any weather condition appears that was not forecast when
permission was given such that permission would not have been
given. If permission is withdrawn, any in progress burn(s)
may be allowed to burn out, but no other burning shall be
initiated. Each permit holder shall provide a telephone
number where the Director shall give notice of revocation of
permission to burn. Each permit holder is responsible to
cease 'all burning once the Director calls the telephone number
given.
(8) Without regard to wind'or weather, no permit to burn shall be
valid unless permission to burn is given on the day of the
burn.
(9) Within 24 hours of each grass field burning, Saturday, Sunday
and legal holidays excluded, the permit holder shall report by
telephone to the Director or his or her representative what
field(s) was burned and the total area burned. Following each
burning season each permit holder shall report in writing to
the Director the total acres burned and the day(s) the burning
was done.
(10) Open burning of all grasses schedule for tear-out shall be
prohibited, unless a permit specifically allows such burning.
(11) The open burning of certain fields may be denied based upon
health impacts to residents in nearby residential areas and
businesses.
s
I. Annual Prorata Reduction in Acreage Burned.
(1) The Director shall issue permits to burn grass for the year
1990 for only the total number of acres equal to the total
base acreage determined for all permit applicants.
(2) Until approved alternatives become available, the Board may
limit the number of acres, on a pro-rata basis, among those
affected for which permits to burn will be issued in order to
control emissions from this source. Subject to its review,
the Board deems it advisable to limit the total number of
acres of grass fields burned each year in Spokane County to no
more than 35,000 acres. This number can be changed only by
vote of the Board following a public hearing.
Article VI - Page 18 Appendix A-72
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SPOKANE TRADEABLE PERMITS
(3) The Director or staff shall inspect grass fields within
Spokane County to verify only permitted acres are burned.
(4) Any applicant shall be entitled to burn additional acres
provided a method is used which substantially reduces air
pollution. The additional acres allowed shall be proportional
to the pollution reduction. The applicant shall be
responsible for proving the pollution reduction from the
proposed method.
J. Research and Reporting.
The Director shall meet yearly with the Intermountain Grass Grower's
Association and the State of Washington, Department of Ecology to
develop future policy for regulation of grass field burning
consistent with accepted agricultural practices and air pollution
reduction. The Director shall request annually that a report be
submitted by the Intermountain Grass Grower's Association as to the
status of all ongoing research and development of alternate
technologies to field burning. The Director shall report to the
Board of Directors at least annually as to the status of research
and development of alternate technologies, and as to the res'ults of
the prior years burning.
K. Other Applicable Law.
Nothing contained in this Section shall be deemed to require
issuance of any permit or to otherwise allow burning of grass fields
if burning is otherwise prohibited by WAC 173-430-080 or other
applicable law. This section shall be supplemental to any other
applicable law, and if any provision hereof shall conflict with
other applicable law then the more restrictive burning limitation
shall be deemed to apply.
K. Permit Fee - Adjustment.
A permit fee of one dollar ($1.00) per each acre shall be paid by an
applicant prior to issuance of a permit to burn grass field(s). The
Director shall separately account for all permit fees collected
pursuant to this provision and shall annually report to the Board of
Directors all sums collected and all expenses incurred in
administration and enforcement of this section. If revenues are
found to exceed or fall below expenses of administration and
enforcement then the Board of Directors shall act to adjust the fee
herein provided in future years.
L. Penalties.
Any person found to have violated any requirement or probition
contained in this Section 6.10 shall be subject to civil and or
criminal penalties as provided in Section 2.11 of this Regulation I.
Burning in violation of any condition of a permit issued pursuant to
this Section shall subject the violator to civil and or criminal
penalties as provided in Section 2.11 of this Regulation I.
M. Severability.
If any portion of this Section 6.10 shall be deemed invalid, illegal
or unenforceable by any court of competent jurisdiction then the
remainder of this section shall not thereby be effected and shall
remain in full force and effect.
Article VI - Page 19
Appendix A-73
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TELLURIDE, CO TRADEABLE PERMITS FOR WOODSTOVES
Health and Safety - 8.12.010
Chapter 8.12
SOLID FUEL BURNERS
8.12.010 Definitions.
8.12.020 Standards for Regulation of
Solid Fuel Burning Devices.
8.12.030 Administration.
8.12.040 General Rules and
Regulations.
8.12.050 Abatement.
8.12.060 Number of Permits.
8.12.070 Investigation and
Noncompliance.
8.12.080 Appeals to the Board of
Adjustment.
8.12.090 Penalties.
8.12.100 Colorado Department of
Health.
8.12.010 Definitions.
A. For the purposes of this
Chapter, unless otherwise apparent
from the context, certain words and
phrases used in this Chapter are
defined as follows:
1. "Appendix A" and "Appendix
B" mean the test procedures
promulgated by the State Department
of Health as described in Colorado Air
Pollution Regulation No. 4, in effect as
of August 15, 1985. See Exhibit A
incorporated in this Chapter by
reference.
2. "Commission" means the duly
constituted Town Environmental
Commission.
3. "Department" means the
Town Building Department.
4. "Person" means any individual,
public or private corporation,
partnership, association, firm, trust,
estate or any other legal entity
whatsoever which is recognized by law
as the subject of rights and duties.
5. "Solid fuel burning device"
means any device, including, but not
limited to, fireplaces or wood stoves of
any nature, as defined in C.R.S. 25-7-
402, as amended, or any other device
used for the purpose of burning
combustible material. This definition
specifically excludes barbecue devices
or any other authorized burning device
used in Town-sponsored activities.
6. "Structure" means anything
constructed or erected which requires
location on the ground and is a
combination of roof and supporting
walls and/or columns.
7. "Unit" means an individual
space consisting of enclosed rooms
occupying all or part of one (1) or
more floors of a structure.
B. Any word, term or phrase not
defined or specified in this Chapter
shall be defined in accordance with the
Telluride Land Use Code, as amended.
(Ord. 677, 1985; Ord. 822, 1988)
8.12.020 Standards for Regulation of
Solid fuel Burning Devices.
A. After the effective date for
registration as set forth in Section
8.12.030, no solid fuel burning device
permit shall be issued unless said
device has been certified by the State
Department of Health and has an
emission rate, calculated as per
Colorado Air Pollution Regulation No.
4, Section IV.A, which meets the
following standards:
1. The solid fuel burning device
shall emit participates at a rate of six
(6) grams per hour or less when tested
in accordance with Appendix A or four
(4) grams per hour or less when tested
in accordance with Appendix B.
2. No solid fuel burning device
permit shall be issued unless said
device emits carbon monoxide (CO) at
a rate of two hundred (200) grams per
hour or less, when tested in accordance
with Appendix A or Appendix B,
whichever is more stringent.
3. In the event the State, the
County or the Commission establishes
more stringent emission standards, the
most stringent standards shall apply.
8-15
Appendix A-74
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TELLURIDE TRADEABLE PERMITS
Health and Safety - 8.12.020
4. This standard specifically
excludes solid fuel burning devices
registered according to the provisions
of Section 8.12.030 of this Chapter;
notwithstanding, however, all solid fuel
burning devices shall be subject to the
provisions for abatement in Section
8.12.050 of this Chapter.
B. Any solid fuel burning device
so certified as being within the
standards set forth herein shall be
presumed to be operated within the
limits of those standards. Additional
solid fuel burning devices may be
certified by the Department upon the
applicant's demonstration through
testing that the solid fuel burning
device will meet these standards,
provided that tests on that proposed
model are conducted by a testing
laboratory accredited by the State using
a standard method and the results are
calculated according to Section
8.12.070.A, as specified in Air Pollution
Control Regulation No. 4.
C. On or before August 1st of
each year, beginning with August of
1985, the Department will prepare a
list of solid fuel burning devices known
to be certified, which list shall be
available for inspection in the
Department's offices. (Ord. 677, 1985;
Ord. 822, 1988)
8.12,030 Administration.
A. Between August 15, 1985 and
October 15, 1985, all persons who own
real property wherein a solid fuel
burning device is maintained, used or
operated within the Town shall register
such device with the Town Clerk on
forms provided at the Town Hall. If
the owner does not register such device
by October 15, 1985, the lessee, if any,
may register such device within ten
(10) days after the date in the same
manner as set forth in this Chapter.
The right to register for a solid fuel
burning device permit shall be
relinquished if no permit is applied for
within the time frame as set forth in
this Section. There shall be an
administration fee of fifty dollars
($50.00) for registration and issuance of
a permit. No solid fuel burning device
permit shall be issued unless the device
is in existence within the structure prior
to September 15, 1985, or is planned
for a structure in which there is at a
minimum a foundation in place prior
to September 15, 1985.
B. All registrants shall be issued
concurrently with the registration of
their solid fuel burning device a solid
fuel burning device permit which shall:
identify the solid fuel cookstove,
fireplace insert, etc.; identify the
number of solid fuel burning devices in
each individually owned unit; and
identify the names and addresses of the
unit owners or lessees. The original
permit shall be valid for three (3) years
or until October 15, 1988. Prior to
March 1, 1989, the Department will
inspect each premises subject to a
permit and validate the permit as to
full compliance with all provisions of
this Chapter. Upon validation this
permit will remain in effect as long as
Chapter 8.12 of this Code is in effect;
provided, however, that such permits
may be subsequently modified or
terminated by the Town Council or its
designee.
C. Solid fuel burning device
permits will be maintained with the
Department and shall transfer freely
wiih conveyance of the real property.
A purchaser shall, within thirty (30)
days of the transfer, register with the
Town as the new holder of the permit.
Permits shall not be transferred apart
from conveyance of the real property,
except under the following conditions.
The permit holder may sell the solid
fuel burning device permit on the open
market on two (2) conditions:
1. A deed restriction, stating that
no solid fuel burning device may be
used in that structure for as long as
this Chapter is in effect; and
8-16
Appendix A-75
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TELLURIDE TRACEABLE PERMITS
Health and Safety - 8.12.030
2. The purchaser must buy two
(2) permits to install one (1) solid fuel
burning device.
If the permit was registered by the
lessee and the landlord-tenant
relationship is terminated for any
reason, the lessee shall notify the
owner of his or her right to purchase
the permit from the lessee and to
register with the Town as provided in
this Section. If the owner does not
register as holder or the permit within
forty-five (45) days of the termination
of the landlord-tenant relationship, the
permit shall be relinquished to the
Town. In the event a permit holder
desires to voluntarily relinquish the use
of the solid fuel burning device, the
Department may retire the permit if
the Town Council determines it would
be in the best interest of the health,
safety and welfare of the community.
(Ord. 677, 1985; Ord. 682, 1985; Ord.
822, 1988)
8.12.040 General Rules and
Regulations.
A. Only one (1) solid fuel
burning device shall be operated per
structure unless specifically exempted
within this Chapter.
B. It shall be unlawful for any
person to construct, install, maintain,
use or operate any solid fuel burning
device within the Town in any manner
which is not in compliance with the
provisions of this Chaptci.
C. No solid fuel burning device
shall be operated in an existing unit
after the date for registration as
provided in Section 8.12.030 of this
Chapter without previously having
registered and obtained a solid fuel
burning device permit.
D. No coal shall be burned after
October 15, 1985, unless used as a
primary heat source as of October 15,
1985. There shall be a presumption of
prior use upon the person who uses a
solid fuel burning device to burn coal
submitting an affidavit attesting to this
use to the Department on or before
October 15, 1985. On or after October
15, 1988, no coal shall be burned by
any person within the Town.
E. After the date for registration
as provided in Section 8.12.030 of this
Chapter, no building permits shall be
issued for a new structure which has
plans or other provisions for a solid
fuel burning device unless there is:
1. Only one (1) solid fuel
burning device which complies with the
particulate emission standard and the
carbon monoxide standard set forth in
Section 8.12.020 of this Chapter; and
2. The solid fuel burning device
complies with the manufacturer's
installation requirements according to
the standards of the Department; and
3. The solid fuel burning device
does result in a net increase in heating
energy, that is, the heat energy gained
by the unit or structure must be
greater than the heat energy lost by
the unit or structure; and
4. A solid fuel burning device
permit has been obtained from the
Town and the applicant has paid the
required permit fee; and
5. In the event the cap on solid
fuel burning device permits is lifted by
the Town Council, the applicant for
the permit must pay an impact fee of
seventy-five dollars ($75.00) per gram
of particulate emission per hour on
that model of solid fuel burning device
as determined by the standards defined
in Section 8.12.020 of this Chapter.
8-17
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TELLURIDE TRADEABLE PERMITS
Health and Safety - 8.12.040
F. After the date for registration
as provided in Section 8.12.030, only
one (1) open Fireplace will be allowed
in the following establishments: hotel
lobby, multiple unit dwelling lobby,
bar/saloon or restaurant. No open
fireplaces will be allowed in a new
home construction.
G. Residential and commercial
owners of existing fireplaces will be
required to retrofit their fireplaces with
a certified fireplace insert by October
15, 1988, as defined by the
requirements of certification by
Colorado Air Pollution Regulation No.
4.
H. All combustible material for
use in a solid fuel burning device shall
be in a dry and burnable condition and
safely stored so as not to create a fire
hazard.
I. All permits may be displayed
so as to be clearly visible from the
public right-of-way.-
J. Wood cookstoves will be
exempt from the requirements of this
Chapter, provided that those stoves are
used as a primary cooking source in
the house and are in place on or
before August 15, 1985. This
exemption extends only for the lifetime
of the wood cookstove owner and is,
therefore, not transferable. (Ord. 677,
1985; Ord. 682, 1985; Ord. 822, 1988;
Ord. 829, 1988)
8.12.050 Abatement
A. After October 15, 1988, no
person within the Town shall operate,
construct, use or install a solid fuel
burning device unless he or she has
obtained a permit from the Town and
the solid fuel burning device complies
as follows:
1. Such device complies with the
particulate emission standard and
carbon monoxide standard set forth in
Section 8.12.020 of this Chapter; and
2. There is not more than one
(1) solid fuel burning device per unit
or structure; and
3. A permit has been issued by
the Town for the solid fuel burning
device.
B. A rebate program is hereby
established for solid fuel burning device
replacements as required within this
Chapter: A rebate of two hundred
dollars ($200.00) for devices replaced
from September 15, 1985, to October
15, 1986; a rebate of one hundred fifty
dollars ($150.00) for devices replaced
from October 15, 1986, to October 15,
1987; and a rebate of one hundred
dollars ($100.00) for devices replaced
from October 15, 1987, to October 15,
1988. A full rebate of two hundred
fifty dollars ($250.00) will be given for
total conversion to gas, propane or
electric at -any time during the
September 15, 1985 to October 15,
1988 compliance period. This full
rebate is available only to residents
who replace the existing permitted
solid fuel burning devices with a
nonsolid fuel heat source. The permit
for the extinct solid fuel burning
devices shall then be validated by the
Department so that it may be sold or
used toward the two (2) permits
required for installation of one (1)
solid fuel burning device in the future,
in accordance with Section 8.12.030.C.
(Ord 677, 1985; Ord. 682, 1985; Ord.
822, 1988)
8.12.060 Number of Permits.
A. The Town Council shall allow
no additional solid fuel burning device
permits for new construction to be
issued within the Town after the date
for registration as provided in Section
8.12.030. Upon the completion of
modeling studies to be conducted by
the Commission in a written report to
be filed with the Town Council on or
before October 1, 1986, issuance of
additional permits may be considered
by the Town Council.
8-18
Appendix A-77
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TELLURIDE TRACEABLE PERMITS
Health and Safely - 8.12.060
B. It will be possible for a person
wishing to install a new solid fuel
burning device in a structure to
purchase two (2) relinquished permits,
if any are available, in order to install
one (1) new solid fuel burning device.
In this event, the purchaser must
present to the Town Hall proof of
purchase of two (2) permits and
verification of two (2) deed restrictions,
stating that no solid fuel burning device
may be used in that unit or structure
as long as this Chapter is in effect, in
order to install the new solid fuel
burning device in a structure.
Conformance to all of the provisions of
this Chapter will also apply. (Ord. 735,
1986; Ord. 822, 1988)
8.12.070 Investigation and
Noncompliance.
A. The Department shall inspect
each solid fuel burning device as
reflected by • the records of the
Department. The purpose of the
inspection shall be to determine that
the permit holder is in compliance with
the provisions of this Chapter. If a
permit holder or person operating the
solid fuel burning device refuses to
consent to the Department's
inspection, the Department may, upon
a showing of reasonable grounds for
the purpose of inspecting solid fuel
burning devices only, apply for an
inspection warrant from the Municipal
Court and execute and conduct the
inspection under order of the Court.
B. When the Department has
reasonable grounds based upon its
investigation or upon written
complaints sufficiently demonstrating
reasonable grounds that a person has
violated this Chapter, the Department
shall issue a notice and order setting
forth the alleged violations and the
corrective actions that need to be
taken. The Department shall allow
thirty (30) days for the person to take
the necessary corrective actions and
comply with this Chapter.
C. When a person has not
complied with the Department's notice
and order, the Department shall issue
an order of noncompliance and
institute a summons and complaint on
behalf of the Town with the Municipal
Court for violation of this Chapter.
The Department may also obtain
injunctive relief through the Municipal
Court in order to enforce this Chapter.
Any order of noncompliance shall be
stayed in the event an aggrieved person
files a notice of appeal with the Board
of Adjustment of the Town as set forth
in Section 8.12.080 of this Chapter.
(Ord. 677, 1985; Ord. 822, 1988)
8.12.080 Appeals to the Board of
Adjustment
A. An appeal of the
Department's notice and order of
noncompliance shall be filed with the
Board of Adjustment of the Town in
writing no later than thirty (30) days
from the date of the Department's
notice and order.
B. The Board of Adjustment
shall make such rules and regulations
as it determines are necessary for the
conduct of its hearings under this
Chapter, and according to any other
applicable ordinances of the Town
and/or laws of the State.
C. Upon a timely filing of a
notice of appeal to the Board of
Adjustment, the Board of Adjustment
shall set a hearing date to review the
notice and order of the Department.
This hearing date shall be on a date
certain not to be less than five (5)
days, nor more than fifteen (15) days
from the filing of the date of the
notice of appeal. The Board of
Adjustment shall have the power to
subpoena witnesses and a record shall
be kept of the hearing. The Board of
Adjustment shall issue its decision and
order upon the appeal within ten (10)
days of the date of the hearing.
8-19
Appendix A-78
-------
TELLURIDE TRADEABLE PERMITS
Health and Safety - 8.12.080
D. The Board of Adjustment may
affirm, modify, rescind or delay the
compliance order based upon the
following standards:
1. Planned termination of
operation of the noncomplying solid
fuel burning device;
2. Planned replacement of the
noncomplying solid fuel burning device
with a certified device;
3. A change in the operations of
the solid fuel burning device due to
excusable malfunction;
4. Extreme hardships or life-
threatening emergencies.
E. The Department shall
represent the Town before the Board
of Adjustment and shall have the
burden of proof to establish
noncompliance by a preponderance of
the evidence.
F. The order of the Board of
Adjustment shall take effect
immediately, and shall contain written
findings. The Board of Adjustment
may grant a greater time, at its
discretion.
G. All appeals from the Board of
Adjustment shall be to the District
Court as provided in Chapter 18.36 of
the Land Use Code. (Ord. 677, 1985;
Ord. 822, 1988)
8.12.090 Penalties.
Any person, upon conviction of a
violation of any provision of this
Chapter, shall be subject to a fine not
to exceed three hundred dollars
($300.00) or imprisonment in jail for a
period of not more than ninety (90)
days, or both, at the discretion of the
Court, for each separate offense, and
may be enjoined from any further or
continued violation of this Chapter.
Each day any violation of this Chapter
shall continue shall constitute a
separate offense under this Chapter.
(Ord. 677, 1985; Ord. 822, 1988)
8.12.100 Colorado Department of
Health
The inspector is directed to
forward this Chapter to the Division of
Administration of the Colorado
Department of Health for inclusion in
the comprehensive State
implementation plan, pursuant to
C.R.S. 25-7-128(1), as amended; for
administration of the local regulations
as part of the State plan, pursuant to
C.R.S. 25-7-111, as amended; and for
enforcement of the local regulations as
part of the State plan, pursuant to
C.R.S. 25-76-115, as amended. (Ord.
677, 1985; Ord. 822, 1988)
8-20
Appendix A-79
-------
VMT RESTRICTIONS
Attachment for Section 18, VMT Restrictions:
Aspen VMT Rules
Appendix A-80
-------
ASPEN VEHICLE MILES TRAVELLED RESTRICTIONS
4. Mass Transit Service Expansion.
a. Pitkin County shall implement a plan to assist
the Roaring Fork Transit Agency to increase
the provision of bus passenger service between
the City of Aspen and downvalley communities
by the addition of at least fourteen (14)
buses to the Roaring Fork Transit Agency's
fleet. These buses shall be put into service
by December 10, 1993. Information on the
s acquisition by lease, rental or purchase of
these buses must be submitted to the Division
upon their acquisition. Reports on the
effectiveness of this measure in reducing
vehicle miles traveled must be provided to the
Department and Division on February i and
May 1 of each year.
III-7
Appendix A-81
-------
ASPEN VMT RESTRICTIONS
b. The Roaring Fork Transit Agency shall operate
a crosstown shuttle service connecting the
commercial core area with the Post Office and
the Rio Grande Parking Facility utilizing at
least two vehicles simultaneously and
operating at least from 9 am to 5 pm, seven
days per week. Reports on the effectiveness
of this measure in reducing vehicle miles
traveled must be provided to the Department
and Division on February 1 and May 1 of each
year.
5. Commercial Core Paid Parking and Resident Only
Permit Parking in Outlying Areas.
Within an area of the commercial core of the City
of Aspen (bounded by and including Main Street,
Durant Avenue, Hunter Street, and Monarch Street),
the City of Aspen shall permit all passenger
vehicles to park only upon the payment of a one
dollar ($1.00) per hour parking fee. Within an
area outside of the commercial core, but inside an
area bounded by and including Cleveland Street, Ute
Avenue, Durant Avenue, First Street, and Hallam
Street, passenger vehicles will be permitted to
park only if they display a "resident-only" parking
permit. Reports on the effectiveness of this
measure in reducing vehicle miles traveled must be
provided to the Department and Division on
February l and May l of each year.
6. Voluntary No-Drive Program on High' Pollution Days.
a. Requirement for Public Education.
The City of Aspen and Pitkin County shall
conduct public awareness programs to inform
citizens about the pollution impacts of
driving passenger vehicles, driving
alternatives, and ways in which commuters can
minimize pollution. The program shall utilize
media advertisements, brochures, mailings,
and/or publicity at local events.
b. Requirement for High Pollution Days.
Upon notification by the Division that a high
pollution day is expected to occur, the
Department shall notify local radio and
television stations, newspapers, and any other
groups deemed necessary. In addition, the
Colorado Department of Transportation shall
III-8
Appendix A-82
-------
ASPEN VMT RESTRICTIONS
post notification to drivers on Highway 82 of
the high pollution alert. Residents and
visitors shall be asked to car pool, ride the
bus, work at home, and to refrain from
unnecessary road trips.
c. Tracking and Reporting.
Reports on the effectiveness of this measure
in reducing vehicle miles traveled must be
provided to the Division and the Department on
February 1 and May 1 of each year.
7. Implementation of Local Control Strategies.
a. City of Aspen.
The City of Aspen shall implement and enforce
Ordinance No. 74, Series of 1992, as it exists
on January 1, 1993. This ordinance limits
future growth in emissions from wood burning
fireplaces, stoves and restaurant grills. In
addition, the City of Aspen shall implement
and enforce any ordinance adopted in
accordance with these regulations. These
ordinances may be amended in the sole
disdretion of the City Council of the City of
Aspen, provided that they shall be submitted
immediately to ;the Colorado Air Quality
Control Commission and United States
Environmental Protection Agency as revisions
to the State Implementation 'Plan. Any
amendments to these ordinances shall not
constitute a revision to the State
Implementation Plan until such time as the
State Implementation Plan is appropriately
revised. Ordinance No. 74, Series 1992, shall
remain in full force and effect until such
time as the City obtains full approval of a
State Implementation Plan revision.
b. Pitkin County.
Pitkin County shall implement and enforce
•• Ordinance No. 18, Series of 1992, as it exists
on January 1, 1993. This ordinance limits
future growth in emissions from wood burning
fireplaces, stoves and restaurant grills. In
addition, Pitkin County shall adopt and
enforce any resolutions adopted in accordance
with these regulations. These resolutions may
be amended in the sole discretion of the Board
III-9
Appendix A-83
-------
ASPEN VMT RESTRICTIONS
of County Commissioners, provided that they
shall be submitted immediately to the Colorado
Air Quality Control Commission and United
States Environmental Protection Agency as
revisions to the State Implementation Plan.
Any amendments to these resolutions shall not
constitute a revision to the State
Implementation Plan until such time as the
State Implementation Plan is appropriately
revised. Resolution No. 18, Series 1992,
shall remain in full force and effect until
such time as the County obtains full approval
of a State Implementation Plan revision.
c. Reporting Requirements.
No later than February 1 and August l of each
year, the Department shall submit to the
Division a report containing information for
the period covering July 1 through December 31
and January 1 through June 30, respectively,
that describes the tracking and enforcement of
the local ordinances and resolutions listed in
subsections a. and b. above. The report shall
include information on compliance and
enforcement activities in order to verify that
the ordinances and resolutions have been
properly implemented.
111-10
Appendix A-84
-------
WOOD MOISTURE CONTENT RESTRICTIONS
Attachments for Section 20, Wood Moisture Content Restrictions:
Mammoth Lakes Moisture Rules
Seattle Moisture Rules
Appendix A-85
-------
MAMMOTH LAKES, CA WOOD MOISTURE RESTRICTIONS
Control Measure 6b - 20% Moisture Limit for Wood Retailers
Wood that has not been adequately dried will result in higher
air pollution emissions, increased creosote build-up in the flue,
and as much as 50% lower heating efficiency. Most wood should be
dried for six months to a year to ensure that it is dry before it
is burned. This measure would affect wood retailers and not wood
(language continued from next page...)
gathering for personal use. A calibrated moisture measuring device
would be used to determine the moisture content of wood. This
control measure would prohibit the selling or offering for sale,
wood with a moisture content greater than 20% between July 1 and
December 31 of each year. This measure could result in a 5%
decrease in emissions from wood burning stoves and fireplaces. The
cost for the moisture measuring device is about $300 each. The
cost for wood sellers to implement the measure is unknown. The
program may cause wood sellers to increase their prices, but it
will also result in fewer flue fires, lower ' air pollution
emissions, a higher burning efficiency and less wood burned.
Adoption Date: June 1990
Implementation Date: July 1, 1991
Appendix A-86
-------
SEATTLE WOOD MOISTURE CONTENT RESTRICTIONS
CHAPTER 16.12 - GENERAL
16.12.010. General A. No woodstove will be permitted to be used as the sole source of
adequate heat In any new or remodeled dwelling or structure.
B. All certified woodstoves Installed m any dwelling must be approved by an Independent
testing laboratory that the woodstove meets all applicable portions of the Underwriters'
Laboratory listing requirements for safety and If the woodstove Includes a catalytic combuster,
the combuster must be warranted to meet or exceed the requirements of 40 CFR Part 60 Subpart
AAA as of July 30, 1991. The Board finds that durability and safety of the product are directly
related to emission from the woodstoves.
C. The Installation or sale for use In King County by any person of any uncertified woodstove
Is prohibited.
i
D. Any person responsble for the operation of a woodstove shall ensure that the fuel Is
covered In a manner to stop rain or other moisture sources from wetting the fuel and which allows
sufficient air flow around the fuel to allow It to season (dry). The Director may establish
guidelines to assist regulated parties in complying with this rule.
E. As provided by RCW 70.94.477 and associated administrative rules, fuel for all woodstoves
shad be only untreated wood or lumber with a moisture content of 20% or less, newsprint for the
purpose of starting a fire only and products manufactured for the sole purpose of use as fuel.
All other materials Including, but not limited to, treated wood, plastics, garbage, plywood, particle
board, rubber products, anfenal carcasses, asphaltlc products, waste petroleum products, paints
and chemicals are prohibited from being burned In a woodstove or fireplace.
F. No wood with a moisture content greater than 20% moisture may be sold by a retail seller
of firewood unless a sales receipt Is Issued to the consumer which contains the name, address and
phone number of the seller and the following notice: UNSEASONED FIREWOOD. MOISTURE CONTENT
EXCEEDS 20%; ATTEMPTS TO BURN WILL RESULT IH EXCESS SMOKE AND CREOSOTE FORMATION. IT IS
LLEGAL TO BURN WOOD UNTL DREO TO 20% OR LESS MOISTURE CONTENT.
G. The Director shall provide assistance to sellers and buyers of wood In measuring the
moisture content of wood and In developing specific educational materials for their use.
16.12.020. Buy Bade. The Director Is authorized to establish an uncertified woodstove removal
program which may Incorporate various financial Incentives for energy conservation and air
quality Improvements, Including but not limited to household Insulation and Insulating products,
as well as uncertified woodstove replacement, and substitution of heating methods or devices
Including certified woodstoves. The Director shall assist administratively and financially to the
extent possible, programs of this type established by other state and local agencies so as to
minimize administrative duplications and costs.
16.12.030. Public Education. The Director shall assist other state and local agencies with a
program of public education, emphasizing proper burning and fuel storage techniques to ensure
/Hrf/tegls/tltle164Xb/8-22-91 -2-
Appendix A-87
-------
WOOPST0VE REMOVAL UPON SAI^E OT HOME
Attachments for Section 22, Woodstove Removals Upon Sale of Home:
Mammoth Lakes Removal Rules
Oregon Removal Rules
Reno Removal Rules
Appendix A-88
-------
MAMMOTH LAKES, CA WOODSTOVE REMOVAL UPON SALE OF HOME REQUIREMENT
Section 8.30.050, REPLACEMENT OF NON-CERTIFIED APPLIANCES UPON
SALE OF PROPERTY
A. Prior to the completion of the sale of any real property
within the Town of Mammoth ;Lakes, all existing non-certified
solid fuel appliances shall be replaced, removed, or rendered
permanently inoperable. The Building Department, or a
qualified inspector as designated by the Building Department,
shall inspect the appliance(s) in question to assure that they
meet the requirements of this chapter. Within five working
days from the date of the inspection, the Building Department
shall issue a written certification of compliance or
non-compliance for the affected property. If the inspection
reveals that the subject property does not comply with the
requirements of this chapter, all noncomplying solid fuel
appliances shall be replaced, removed, or rendered permanently
inoperable. In this event reinspection shall be required
prior to certification of compliance.
B. If real property is to be sold which does not contain a
solid fuel appliance, a form approved by the Building
Department, containing the notarized signatures of the seller,
the buyer, and the listing real estate agent attesting to the
absence of any solid fuel device, may be accepted in lieu of
an inspection* A written exemption shall be issued by the
Building Department.
C. No appliances removed under the provisions of this
Section may be replaced except as provided by this Chapter.
6-6
Appendix A-89
-------
AIR QUALITY 468AJ550
468AJ500 Prohibition on sale of non-
certified woodstove. On and after Septem-
ber 29, 1991, no person shall advertise for
sale, offer to sell or sell, within this state, a
used woodstove that was not certified under
ORS 468A.400 (1) for sale as new on or after
July 1, 1986. (1991 c.752 §10b]
468.505 Removal of noncertified
woodstoves. After December 31, 1994, all
woodstoves, other than cookstoves, not certi- OREGON WOODSTOVE REMOVAL UPON
fied for sale as new on or after July 1,1986, SALE OF HOME REQUIREMENT
under ORS 468A.480 (1) shall be removed and
destroyed upon sale of a home in any PM10
nonattainment area in the state that does
not attain compliance with the PM10 stand-
ard established by the commission under
ORS 468A.025 by December 31, 1994. [1991
c.752 §10c]
468A510 Antique woodstove ex-
emption. ORS 468A.495 to 468A.505 shall
not apply to antique woodstoves. As used in
this section, "antique woodstove" means a
woodstove built before 1940 that has an or-
nate construction and a current market
value substantially higher than a common
woodstove manufactured in the same time
period. [1991 c.762 §lOd]
468AJS15 Wood heating; curtailment
program requirements; exemptions. (1)
Any programs adopted by the commission to
curtail residential wood heating during peri- ;
da of air stagnation shall provide for two
stages of curtailment based on the severity
of projected air quality conditions. Except as
provided in subsection (2) of this section, the
programs shall apply to all woodbuming
fireplaces, woodstoves and appliances.. The
programs shall provide that woodstoves that
were certified for sale as new on or after
July 1, 1986, under ORS 468A.480 (1) shall be
curtailed only at the second stage to insure
attainment of air quality standards.
(2) Programs adopted by the commission
to curtail residential wood heating shall not
apply to:
(a) A person who is classified at less than
or equal to 125 percent of poverty level pur-
suant to federal poverty income guidelines
adopted under the Omnibus Budget Recon-
ciliation Act of 1981 (P.L. 97-35);
(b) A person whose residence is equipped
only with wood heating until such time as
funding becomes available for replacement or
woodstoves that were not certified under
ORS 468A.480 for sale as new on or after
July 1, 1986, and for the period of time be-
tween application for such funds and com-
pletion of the replacement; and
(c) Wood burning pellet stoves.
(3) If a local government or regional au-
thority has not adopted or is not adequately
nplementing the required curtailment pro-
36-'
Appendix A-90
-------
RENO WOODSTOVE REMOVAL UPON SALE OF HOME REQUIREMENT
040.0512 EXISTING WOOD STOVE/FIREPLACE INSERT - REPLACEMENT
A. Commencing July 1, 1988, it is unlawful for any
person to complete, or allow the completion of, any
escrow transaction for the transfer or conveyance of
any previously occupied residence unless the
residence has been certified by the Control Officer
as being in compliance with the woodstove/fireplace
insert certification requirements of these
regulations.
The buyer and seller of any residential property
shall observe any disclosure statements supplied by
the real estate agents relating to the requirement
under this regulation for the inspection of any wood
burning device in the !residence.
B. A person may be licensed by the Control Officer
to inspect and certify that wood burning
stove/fireplace inserts in residences are certified.
C. To obtain a license, an application must be made
to the Control Officer, on a form approved by him
for that purpose. A license will be issued upon
satisfactory completion of all requirements set
forth by the Control Officer and payment of the
fee established by the District Board of Health
for the licensing process. A license remains in
effect for one year from the date of issuance and
may be renewed upon meeting all the requirements
of the Control Officer and payment of the renewal
fee.
D. A^ licensee shall report the result of each
inspection of a residence on a form provided by
the Control Officer after the licensee pays the
fee established by the District Board of Health
for that form. The licensee must indicate:
a. Whether the residence contains any
woodstove/fireplace inserts.
b. The number of woodstoves/fireplace inserts
which are certified.
c. The number of woodstoves/fireplace inserts
which are not certified.
flnr^nrliv fl_Q1
-------
E. Not later than seven (7) working days after
receipt of a report from the licensee, the
Control Officer will issue a Certificate of
Compliance if each wood stove/fireplace insert is
certified. If the Control Officer fails to act
within the seven (7) day period, each
woodstove/fireplace insert within the residence
will be deemed certified.
F. If the report indicates that a woodstove/
fireplace insert is uncertified, the woodstove/
fireplace insert must be removed from the
residence or retrofitted to meet certification
standards. Reinspection by a licensee is
required. If an uncertified woodstove/fireplace
insert is removed from a residence, the device
must not be stored at any other location on the
real property or elsewhere within the Health
District without the approval of the Control
Officer .
G. The Control Officer may issue a Certificate of
Compliance for a residence if a person provides a
copy of the Dealer's Report of Sale issued under
Section 040.051 (E) and provides evidence that
the certified woodstove/fireplace insert has been
installed' in compliance with all applicable
building, fire and other codes adopted by the
jurisdiction in which the residence is located.
H. If a residence is to be sold and does not contain
a woodstove/f ireplace insert, a form' approved by
the Control Officer, containing the notarized
signatures of both the buyer and seller attesting
to that fact, may be accepted in lieu of an
inspection, and a Notice of Exemption may be
Issued. If the residential property contains a
woodstove/fireplace insert which is not certified
and must be removed pursuant to subsection F, the
form must not be executed by either the buyer or
seller until the removal has been completed. On
.- any subsequent sale, a new Notice of Exemption or
Certificate of Compliance is required.
I. A "CeVtificate of Compliance issued pursuant to
this section:
\
I-.-' Remains valid until such time as the
residence is transferred or conveyed to a new
owner .
2. Does not constitute a warranty or guarantee
by the licensee or the Control Officer that
the woodstove/fireplace insert within the
residence meets any other .standards of
RENO WOODSTOVE REMOVAL REQUIREMENT
Appendix A-92
-------
operation, efficiency or safety, except the
emission standards contained in these
regulations.
J. Commencing January 1, 1995, it is unlawful for any
person to have a wood stove/fireplace insert in any
residence unless:
1. The woodstove/fireplace insert is certified; or
2. The residence has received a Certificate of
Compliance.
K. Any person who violates any of the requirements
of this section, or who falsely attests as to
information as part of compliance with this
section, is subject to the penalties as set forth
in Section 020.040 and may be subjected to the
applicable penalties prescribed by law for
perjury and may have any license issued by the
Control Officer pursuant to this section revoked.
040.0514 LIMITATION ON NUMBER OF SOLID FUEL BURNING
DEVICES IN RESIDENTIAL BUILDINGS
A. The total number of approved solid fuel burning
devices installed in - each new multifamily
development shall not exceed one (1). This
provision applies to projects seeking building
permits after the , effective date of this
regulation. (May 23, 1990)
B. The number of approved solid fuel burning devices
installed on any property for which a building
Permit is issued after the effective date of this
regulation, shall not exceed one (1). No solid
fuel devices will be permitted within single
family dwellings which are located within a zone
which permits more than 4 dwellings per net acre.
Commencing June 1, 1991, no solid fuel devices
shall be installed in any new single family
residence located within the Truckee Meadows
Non-Attainment area.
Cl In dwelling units existing on the effective date
of this regulation, installation of additional
solid . fuel burning devices is prohibited if the
resulting number of solid fuel devices exceeds
the limitations contained in Section 040.0514 (A)
and (B) above. This section does not apply to
the installation of gas-fired appliances. Solid
fuel burning devices that meet an in-situ
emission factor of * 1 gram/hour or less of
particulate matter are exempt from the
requirements of this section.
RENO WOODSTOVE REMOVAL REQUIREMENT
Appendix A-93
-------
-------
APPENDIX B - CONTACTS
Joe Aldegarie
Missoula Public Works Dept.
435 Ryman
Missoula, MT 59802
(406) 523-4621
Lennon Anderson
FL Dept. of Environmental Regulation
2600 Blair Stone Rd.
Tallahassee, FL 32399
(904) 488-6140
Don Arkell
Lane Regional Air Pollution Authority
225 N. 5th St., Suite 501
Springfield, OR 97477
(503)726-2514
Barbara Bates
EPA Region 9
Air and Toxics Division
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1206
Matthew Cairns
EPA Region 1
Air Management Division
John F. Kennedy Federal Bldg.
One Congress St.
Boston, MA 02203
(617) 565-4982
David Collier
OR Dept. of Environmental Quality
Air Quality Division
811 SW6th Ave.
Portland, OR 97204
(503) 229-5177
Ken Anderson
Missoula City/County Health Dept.
301 W. Alder St.
Missoula, MT 59802
(406) 523-4755
Ron Anderson
Lincoln Co. Environmental Health
4118 Mineral Ave.
Libby, MT 59923
(406) 293-7781
Craig Arrowood
Boisie Building Dept.
150 N. Capitol
Boisie, ID 83701
(208) 384-3822
Gretchen Bennitt
Dept. Health & Environmental Sciences
Cogswell Building
Helena, MT 59620
(406) 444-3027
Lee Cassin
Aspen/Pitkin Env. Health Dept.
130 S. Galena
Aspen, CO 81611
(303) 920-5075
Doug Collins
ID Dept. of Health and Welfare
Division of Environmental Quality
1410 N. Hilton
Boisie, ID 83706
(208) 334-5860
Appendix B-l
-------
John Core
WESTAR
1001 S.W. 5th Ave.
Suite 1000, #45
Portland, OR 97204
(503) 220-1660
Jamie Craighill
WA State Dept. of Ecology
Air Quality Program
P.O. Box 47600
Olympia, WA 98504
(206) 438-7608
John Crouch
Hearth Products Association
Government Relations
2150 River Plaza Dr., #315
Sacramento, CA 95833
(916)567-1181
Brian Finneran
OR Dept. of Environmental Quality
811 SW 6th Ave.
Portland, OR 97204
(503) 229-6278
Andy Ginsburg
OR Dept. of Environmental Quality
Air Quality Division
811 SW 6th Ave.
Portland, OR 97204
(503) 229-5581
Andy Goodrich
Washoe County District Health Dept.
P.O.Box 11130
Reno, NV 89520
(702) 328-3750
Chuck Craig
OR Dept. of Agriculture
635 Capitol St., NE
Salem, OR 97310
(503) 378-3810
Bill Crank
Crested Butte Town Manager
Box 39
Crested Butte, CO 81224
(303) 349-5338
Ira Domsky
AZ Dept. of Environmental Quality
Office of Air Quality
3033 N. Central Ave.
Phoenix, AZ 85012
(602) 207-2365
Pat Fox
Bonneville Power Administration
P.O. Box 3621
Portland, OR 97208
(503)230-3449 -
John Glenn
LA Dept. of Environmental Quality
Technical Program Support
P.O. Box 82263
Baton Rouge, LA 70884
(504) 765-0720
Dan Grubbe
AZ Dept. of Environmental Quality
Office of Air Quality
3033 N. Central Ave.
Phoenix, AZ 85012
(602) 207-7017
Appendix B-2
-------
Charmin Jordan
Washington Water Power
P.O. Box 3727
Spokane, WA 99220
(509) 482-8509
George Lauderdale
EPA Region 10
Air and Toxics Division
1200 Sixth Avenue
Seattle, WA 98101
(206)553-6511
Ken Lloyd
Regional Air Quality Council
1445 Market St., Suite 260
Denver, CO 80202
(303) 629-5835
Carol Lyons
PRC Environmental, Inc.
1099 18th St., Suite 1960 •
Denver, CO 80202
(303)295-1101
Cathy Mitton
City of Rancho Mirage
69825 Hwy. 111
Rancho Mirage, CA 92270
(619)324-4511
Robert Moreau
(Formerly w/ the LA Dept. of
Environmental Quality)
c/o Land Resources Dept.
University of Wisconsin
Madison, WI 89420
(608) 262-0651
Bill Kelly
South Coast AQMD - News Bureau
21865 E. Copley Dr.
Diamond Bar, CA 91765
(909) 396-3240
Kendra Lind
Lincoln Co. Dept. Environmental Health
4118 Mineral Ave.
Libby, MT 59923
(406) 293-7781
Diana Love
South Coast AQMD - Prosecutor's Office
21865 Copley Dr.
Diamond Bar, CA 91765
(909) 396-3400
Vickie McLane
CO Dept. of Health
Air Pollution Control Division
4300 Cherry Creek Dr. S.
Denver, CO 80222
(303) 692-3109
Dan Moran
Seattle/King Co. Dept. Public Health
Room 201, Smith Tower
Seattle, WA 98104
(206) 296-4783
Stephen Morris
Anchorage Air Pollution Ctrl Agency
P.O. Box 196650
Anchorage, AK 99519
(907) 343-4713
Appendix B-3
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Michael Naylor
Clark County Health District
P.O. Box 4426
Las Vegas, NV 89127
(702) 383-1276
Dan Redline
ID Dept. of Environmental Quality
North Idaho Regional Office
2110 Ironwood Parkway
Coeur d'Alene, ID 83814
(208) 769-1422
Scott Schnell
Street Maintenance Dept.
16707 Coronado St.
Eagle River, AK 99577
(907) 694-3487
Mike Silverstein
CO Dept. of Health
Air Pollution Control Division
4300 Cherry Creek Dr. S.
Denver, CO 80222
(303)692-3113
Barbara Stewart
WA Dept. of Ecology
P.O. Box 47600
Olympia, WA 98504
(206) 459-6468
Bill Taylor
Mammoth Lakes Planning Dept.
P.O. Box 1609
Mammoth Lakes, CA 93546
(619) 934-8983
Rindy Ramos
EPA Region 10
Air and Toxics Division
1200 Sixth Ave.
Seattle, WA 98101
(206) 553-6510
Mary Jo Schillaci
Telluride Town Clerk
Box 397
Telluride, CO 81435
(303) 728-3071
Chris Shaver
Environmental Defense Fund
1405 Arapahoe Ave.
Boulder, CO 80302
(303) 440-4901
Eric Skelton
Spokane Co. Air Pollution Ctrl Authority
1101 W. College, Suite 403
Spokane, WA 99201
(509) 456-4727
Kent Swigard
Puget Sound Air Pollution Ctrl Authority
110 Union St., Suite 500
Seattle, WA 98101
(206) 689-4044
Gallic Videtich
EPA Region 8
Air Radiation and Toxics Division
999 18th St., Suite 500
Denver, CO 80202
(303) 293-1754
Appendix B-4
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APPENDIX C - DOCUMENTED AREAS
Listed below are general characteristics of the areas documented in this sourcebook.
Demographic data was taken from 1990 U.S. Bureau of the Census data. The emission
inventories have not been obtained from a single consistent source of information, such as
state implementation plans, filter analyses, or emission factor estimates. Nor do the
inventories consistently represent either 24-hour or annual PM-10 concentrations. Despite
their lack of specificity, the inventories are included here to serve as a means for general
comparison with areas considering adoption of similar control programs.
ASPEN, COLORADO (Pitkin County)
Average annual rainfall 10"
Total county population 12,600
Total number of households 9,800
% households with wood as main heat source 7%
Median household income $40,000
84% Road dust
13% Residential wood combustion
BOISIE, IDAHO (Ada County)
Average annual rainfall 13"
Total county population 205,800
Total number of households 80,800
% households with wood as main heat source - 5%
Median household income $30,200
34-63% Residential wood combustion
50-60% Road dust
2% Motor Vehicle
CRESTED BUTTE, COLORADO (Gunnison County)
Average annual rainfall 9"
Total county population 10,300 (1,200 town)
Total number of households 7,300
% households with wood as main heat source 28%
Median household income $23,000
75-80% Residential wood combustion
Appendix C-l
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DENVER. COLORADO METROPOLITAN AREA (Adams. Araoahoe. Boulder, Denver.
Jefferson Counties)
Average annual rainfall 15"
Total county population 1.8 million
Total number of households 692,000
% households with wood as main heat source 1%
Median household income $30,600
67% Road dust
15% Diesel emissions
11% Motor vehicle
4% Residential wood combustion
EAGLE RIVER, ALASKA
95% Road dust
3% Residential wood combustion
KLAMATH FALLS, OREGON (Klamath County)
Average annual rainfall 23"
Total county population 57,700
Total number of households 26,000
% households with wood as main heat source 32%
Median household income $23,100
63% Residential wood combustion
11% Road dust
10% Industry
9% Open burning
6% Motor vehicle
LIBBY, MONTANA (Lincoln Countv)
Average annual rainfall 21"
Total county population 17,500
Total number of households 8,000
% households with wood as main heat source 55%
Median household income $20,900
8% Residential wood combustion
62% Road dust
29% Industry
Appendix C-2
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LAS VEGAS, NEVADA (Clark County)
Average annual rainfall
Total county population
Total number of households
% households with wood as main heat source
Median household income
25-30% Residential wood combustion
20% Construction
15% Road dust
MAMMOTH LAKES. CALIFORNIA (Mono County)
Average annual rainfall
Total county population (35,000 summer/winter)
Total number of households (summer/winter resort)
% households with wood as main heat source
Median household income
50%
50%
Residential wood combustion
Road dust
MISSOULA, MONTANA (Missoula County)
Average annual rainfall
Total county population
Total number of households
% households with wood as main heat source
Median household income
52%
24%
8%
5%
Road dust
Residential wood combustion
Motor vehicle
Industry
PINEHURST. IDAHO (Shoshone County)
Average annual rainfall
Total county population
Total number of households
% households with wood as main heat source
Median household income
60%
40%
Residential wood combustion
Road dust
5"
741,500
317,200
$30,700
7"
10,000
10,700
52%
$31,900
13"
78,700
35,500
12%
$23,400
15"
13,900
6,900
31%
$21,000
Appendix C-3
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PRESQUE ISLE, MAINE (Aroostook County)
Average annual rainfall 37"
Total county population 86,900
Total number of households 38,400
% households with wood as main heat source 18%
Median household income $22,200
88% Road dust
5% Residential wood combustion
5% Point source
<1% Motor vehicle
RANCHO MIRAGE, CALIFORNIA (Riverside County)
Average annual rainfall 6"
Total county population 15,000 (city only)
Total number of households N/A
% households with wood as main heat source 1%
Median household income large % retirement
61% Natural background
22% Construction
12% Road dust '
RENO, NEVADA (Washoe County)
Average annual rainfall 10"
Total county population • 254,700
Total number of households 112,200
% households with wood as main heat source 3%
Median household income $31,900
50-60% Road dust
20-60% Residential wood combustion
15% Construction
Appendix C-4
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SEATTLE. WASHINGTON (King County)
Average annual rainfall 72"
Total county population 1.5 million
Total number of households 647,300
% households with wood as main heat source 4%
Median household income $36,200
50% Road dust
20% Residential wood combustion
15% Open burning
10% Industry
SPOKANE, WASHINGTON (Spokane County)
Average annual rainfall 17"
Total county population 361,400
Total number of households 150,100
% households with wood as main heat source 8%
Median household income $25,800
38% Residential wood combustion
23% Road dust
9% Industry
TELLURIDE, COLORADO (San Miguel County)
Average annual rainfall 8"
Total county population • 1,300 (town only)
Total number of households N/A
% households with wood as main heat source 35%
Median household income $30,600
56% Residential wood combustion
34% Road dust
Appendix C-5
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