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
                                         4-2

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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).
                                         8-2

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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
                                           12-2

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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
                                       18-2

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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).
                                        19-1

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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
                               19-2

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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.
                                      20-1

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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
                                  20-2

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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.
                                       21-1

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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

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                     CLEAN AIR FUNDS
Attachments for Section 2, Clean Air Funds:

     Oregon Fund Regulation
     Washington Fund Legislation
                            Appendix A-2

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                               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

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              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

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                     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

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           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

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                                               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

-------
                                              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

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           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

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                           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

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                                  FEES
Attachments for Section 5, Fees:

      Oregon Amendment on Fees
      Washington Statute on Fees
      Washington Regulation on Fees
                                Appendix A-21

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                          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

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      FIEEPLACE/WOOPSTOyE RESTRICTIONS
Attachments for Section 7, Fireplace/Woodstove Restrictions:

     Colorado Prohibition
     Mammoth Lakes, CA Prohibition
     Reno, NV Prohibition
                          Appendix A-30

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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

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                               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

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                               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

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                               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

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                                 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

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                                  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

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  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

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               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

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              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

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                 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

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                     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

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                    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

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                    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

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                      MISSOULA DE-ICER FUNDING
Louisiana Pacific Corp.
Charles Likes
(CORPORATE SEAL)
                                         APPROVED AS TO FORM:
                                         Jim  Nugent, City Attorney
                            Appendix  A-48

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             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

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            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

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                         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

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                                      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

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                                            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)

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                                            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

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                                            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

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             TAX CREDITS AND REBATES
Attachments for Section 15, Tax Credits and Rebates:

     Montana Tax Credit Worksheet
     Oregon Tax Credit Rules
                          Appendix A-58

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                                 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.

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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

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 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

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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

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                   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

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                             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

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                         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

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                                 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
                                       Appendix A-70

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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

-------
                         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
                                  Appendix  A-76

-------
                        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

-------
                       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

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             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

-------
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

-------
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

-------
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

-------
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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