Title: FNSB PM-2.5 Air Quality Plan (SIP) and Proposed Regulations 

ADEC is proposing to adoptregulations changes in Title 18 of the Alaska Administrative Code (AAC) Chapter50 Air Quality Control.  The proposedregulations would prohibit most open burning during winter months whileproviding an option for a local program to allow certain exceptions, definewhat can be burned in solid fuel-fired heating devices operating within theFNSB PM-2.5 nonattainment area, and establish provisions that take effectshould a PM-2.5 area be classified as “serious” requiring wood sellers todisclose the moisture content of wood sold and providing for additionalupgrades of high-emitting wood-fired heating devices. The proposal alsoestablishes federally required air episode levels for PM-2.5 in Alaska and revisesand expands visible emission standards for solid fuel-fired heating devices.  The goal of the regulations is to protecthuman health and air quality as required by federal law while also preservingthe ability of residents to heat their homes affordably.  While the FNSB could likely come intocompliance with federal air quality standards in the next decade through the useof alternative-fueled heating sources such as liquefied natural gas andcontinuing the wood stove change out program for several more years, thefederal Clean Air Act does not allow a community or state this much time tocome into compliance.  These regulationshave been drafted to maximize flexibility for residents in heating their homesand to address high energy costs while meeting the federal Clean Air Actrequirements and health-based standards for fine particulate matter.  The proposed regulations are intended to meetthe requirements of Section 110 (Title 42 U.S.C. Chapter 85 §7410), Sections171-179 (Title 42, U.S.C. Chapter 85 §7501-7509), and Section 189 (Title 42.U.S.C. Chapter 85 §7513) of the Clean Air Act and, once adopted, will besubmitted to the U.S. Environmental Protection Agency for approval.

The regulation changes are asfollows:

• Amend 18 AAC 50.005 to add clarifying language regarding a local government’s powers or obligations.

• Amend 18 AAC 50.030 to adopt revisions to the State Air Quality Control Plan by adding a new subsection 5 to Volume II Section III.D: Fairbanks North Star Borough PM-2.5 Control Plan.

• Amend 18 AAC 50.065(f) to restrict wintertime outdoor open burning in the FNSB PM-2.5 non-attainment area but allow a local program to grant exceptions during periods of good air quality.

• Amend 18 AAC 50.075 to include solid fuel-fired devices, clarify the procedures for determining visible emissions (opacity), and add a new subsection to allow operation of wood-fired or solid fuel-fired devices during a PM-2.5 air quality episode if visible emissions are below the limits identified in the State Air Quality Plan for the area.

• Amend 18 AAC 50 by adding a new section to clarify the types of solid fuels that can and cannot be burned in heating devices operating within the FNSB PM-2.5 nonattainment area. The new section also provides for commercial wood sellers to register, measure, and disclose the moisture content of wood sold in an area classified as a ‘serious’ PM-2.5 nonattainment area. The regulation proposes to provide wood sellers notice prior to initiation of any future requirements.  

• Amend 18 AAC 50.077  to add a new subsection that would only apply to ‘serious’ PM-2.5 nonattainment areas which would require, unless waived, replacement of certain high-emitting wood-fired heating devices upon sale of residence.

• Amend 18 AAC 50 by adding a new section and a new table to establish PM-2.5 concentrations that will trigger an air quality alert, air quality warning or air quality emergency episode in Alaska and provides for the department and local air quality control programs to declare PM-2.5 air quality episodes and advisories and to take immediate action.

• Amend 18 AAC 50.990 to modify the definition of “open burning”, and add definitions for “dry wood”, “camp fire”, “wet wood”, and “manufactured compressed wood logs.”

Posting

The above list of proposed changes tothe regulations only provides a concise summary of their subject matter. For acopy of the proposed regulation changes please refer to this DEC webpage http://dec.alaska.gov/air/anpms/comm/fbks_pm2-5_proposed-regs_2014.htm A copy of material proposed for adoption byreference is available at http://dec.alaska.gov/Air/anpms/SIP/18AAC50ReferenceMaterials.htm . Materials not feasible to post or subject to copyrightmay be viewed at the DEC office(s) at the following locations:  ADEC Bayview Office Building, 619 Ship CreekDrive, Anchorage; ADEC Fairbanks Office Building, 610 University Avenue; andADEC Juneau Office Building, 410 Willoughby Avenue, Second Floor.

Questions

You may submit written questionsrelevant to the proposed action to DEC using the electronic question form at http://dec.alaska.gov/air/anpms/comm/fbks_pm2-5_questions_answers.html or by electronic mail to dec.air.comment@alaska.gov; or sending the questions to Division of Air Quality,DEC, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska99811-1800.   The written questions must be received atleast 10 days before the end of the public comment period; December 9, 2014.  The department will aggregate its response tosubstantially similar questions and make the questions and response availableon http://dec.alaska.gov/air/anpms/comm/fbks_pm2-5_questions_answers.html .The department may, but is not required to, answerwritten questions received after the December 9, 2014 deadline for submittingquestions.

Comments

You may comment on theproposed regulation changes, including the potential costs to private personsof complying and alternative practical methods of complying with the proposedchanges, by submitting written comments to:  Alice Edwards, Division of Air Quality, DEC,410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska 99811-1800;or by facsimile at (907) 465-5129; or by e-mail to dec.air.comment@alaska.gov; or by the electronic comment form at https://dec.alaska.gov/Applications/Air/airtoolsweb/FormalComments. Comments must be received by 5:00 p.m. on December19, 2014. Comments received after this date will not be considered in finalaction on these rules and the air quality plan.

Open Houses

The Department will hold two openhouses in the greater Fairbanks area. The first open house is on Monday, December 1, 2014 in Fairbanks, Alaskafrom 5:00 – 7:00 p.m. at the following location: Westmark Hotel, Gold Room 813Noble Street. The second open house is on Tuesday, December 2, 2014 in NorthPole, Alaska from 6:30 – 8:30 p.m. at the following location: North Pole MiddleSchool, Commons and Auditorium, 300 E. 8^th Avenue.  There will be a short presentation at thebeginning of each open house. ADEC is seeking input on its proposedregulations, which would primarily apply to the Fairbanks North Star BoroughPM-2.5 nonattainment area, and the FNSB air quality plan. Formal oral testimonywill not be taken at the open houses, but written comments and questions may besubmitted to Department staff.

Hearings

The Department will also holdpublic hearings on this proposal. The first public hearing will be on Wednesday,December 3, 2014 from 11:30 am – 1:30 p.m. at the following locations: 1)Fairbanks Noel Wien Public Library, 1215 Cowles St., Auditorium; 2) ADECBayview Office Building, Conference Room A, 619 Ship Creek Drive, Anchorage,Alaska; 2) ADEC 2^nd Floor Main Conference Room, 410 WilloughbyAvenue, Juneau, Alaska.  There will be asecond public hearing on Wednesday, December 3, 2014 from 5:00 -7:00 p.m. atthe following location: Fairbanks Noel Wien Public Library, 1215 Cowles St.,Auditorium. A third public hearing will be on Wednesday, December 17, 2014 from11:30 a.m. – 1:30 p.m. at the following locations: 1) Wedgewood Resort, 212Wedgewood Drive, Fairbanks, Taiga Room; 2) ADEC Bayview Office Building,Conference Room A, 619 Ship Creek Drive, Anchorage, Alaska; 2) ADEC 2^ndFloor Main Conference Room, 410 Willoughby Avenue, Juneau, Alaska.  A fourth public hearing on Wednesday, December17, 2014 from 5:00 -7:00 p.m. at the following location: Wedgewood Resort, 212Wedgewood Drive, Fairbanks, Taiga Room. Formal oral or written comment may be submitted at the hearings. Thehearings will be extended if necessary to accommodate those present before 1:30pm and 7:00 pm, respectively, who did not have an opportunity to comment.   

If you are a person with adisability who may need a special accommodation in order to participate in thispublic process, please contact Eric Hotchkiss at (907) 465-6171 or TDD RelayService 1-800-770-8973/TTY or dial 711 seven days prior to any open house or apublic hearing to ensure that any necessary accommodations can be provided.   







After the public commentperiod ends on Friday, December 19, 2014 DEC will either adopt these or otherprovisions dealing with the same subject, without further notice, or decide totake no action on them. The language of the final regulations may be differentfrom that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIMEALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received arepublic records and are subject to public inspection.







Statutory Authority: AS 46.03.010, AS 46.03.020, AS 46.14.030, AS 46.14.400

Statutes Being Implemented, Interpreted, or Made Specific: AS 46.14.030, AS46.14.400

Fiscal Information: The proposedregulation changes are not expected to require an increased appropriation.

                                                                                    __________________________

Dated: November 14, 2014                                         LarryHartig, Commissioner                

FNSB PM2.5 AirQuality Plan (SIP) & Proposed Regulations

ADDITIONAL REGULATIONSNOTICE INFORMATION

(AS 44.62.190(d))

1.   Adoptingagency: Alaska Department of Environmental Conservation

2.   General subject of regulation:18 AAC 50 is being amended to: 1) addclarifying language regarding local governments powers and obligations; adopt stateair quality plan; 2) amend outdoor open burning regulations; 3) amend andclarify visible emission standards for solid fuel-fired heaters and add opacitylimits on fine particulate matter (PM-2.5) episode days; 4) add fuelrequirements for solid fuel-fired heaters; 5) provide for a commercial woodseller program and provide for replacement of certain high-emitting wood-firedheating devices upon sale of residence in a serious PM-2.5 non-attainment area;6) adopt the PM-2.5 concentrations triggering a PM-2.5 air episode and providefor announcements and actions; 7) amend the definitions section.

3.   Citation of regulation (may be grouped): 18 AAC 50.005; 18 AAC 50.030;50.065(f); 50.075; 50.076 (new); 50.077(b)(5)(C) (new);  50.246 (new); Table 6a (new); and 50.990.

4.   Departmentof Law file number, if any JU2011200482

5.   Reason forthe proposed action:

(X) compliance with federal law: Section110 (Title 42 U.S.C. Chapter 85 §7410), Sections 171-179 (Title 42, U.S.C.Chapter 85 §7501-7509), and Section 189 (Title 42. U.S.C. Chapter 85 §7513) ofthe Clean Air Act

(   )  compliance with new or changed state statute

(   )  compliance with federal or state courtdecision (identify)_____________________________

(   )  development of program standards

(   ) other:  (please list)                                                                                                           

6.   Appropriation/Allocation:                                                                                                       

7.   Estimated costs in the aggregate to comply with the proposed action to:

1. Private Persons: While there are no direct costs associated with the proposed regulations for private citizens there is the potential for an increase in cost to citizens in the areas identified below.  There may be the potential for direct costs associated with requirements for commercial wood sellers which could come into effect starting in approximately 2016 as discussed below. There is also the potential for direct costs, starting in approximately 2016, for private citizens associated with requirements that would alter the grandfathering provisions of the wood heater emission standards.

Private Persons:

1.  There existsthe potential for landfill costs for those who choose to dispose of wood waste atthe landfill during the winter months, if a local program does not provideoutdoor open burning opportunities.  However,brush is accepted free of charge at the landfill in the Fairbanks North StarBorough.

2.  None. Theproposed implementation date in October 2015 provides time for residents toplan for and season wood in advance of the dry wood requirement takingeffect.  For citizens who may needassistance in meeting opacity limits by mixing their wood with manufacturedlogs, the purchase of manufactured logs costs approximately $330/ton (generallyless than the cost of purchased cordwood). In addition, the requirement to use dry wood or a mix of dry wood willnot take effect until October 2015 which will allow time for residents to cut,stack and store wood for proper curing before the requirements take effect and limitthe need to purchase supplemental manufactured logs to meet the visibleemission requirements.

3. If the FNSB non-attainment area fails to attain thePM-2.5 National Ambient Air Quality Standard by the end of 2015, theseregulations would require upgrades to existing wood heaters that are sold witha home/structure.  If the regulationsbecome effective in 2016, the direct costs to private individuals would be theremoval cost of a wood heating devicethat does not meet the state and federal emission standards.  This is estimated to cost in the range of $0to $800 per unit removed. This would depend on whether they remove the stovethemselves or hire someone to do so.  Italso depends on whether they opt to remove the stovepipe/stack and rough patchthe ceiling/roof.  A device could bereplaced with a new, cleaner burning unit, but there is no requirement that anindividual selling a home/structure do so.

Commercial Wood Sellers:

These regulations include requirements for commercialwood sellers in the FNSB non-attainment area that would only come into effectif the area fails to attain the PM-2.5 National Ambient Air Quality Standard bythe end of 2015.  If the regulations areput in effect in 2016, the direct costs to commercial wood sellers associatedwith these regulations are the cost of purchasing at least one wood moisture contentmeter, estimated at $25, and the time associated to comply with the program. Timecosts associated with the program would include: initial and periodic renewalof registration, measuring the moisture content of the wood being sold at thetime of each sale, filling out forms for each sale, recordkeeping and storingdocuments, and ensuring the department receives the copies of completed formson a monthly basis. Depending on business practices, number of employees,number of consumers, the aggregate annual time cost for an individual businessis estimated to be in the range of $350-$2600 per year.

1. Other State Agencies: None

    

      c. Municipalities: None. The proposed regulations have no mandatoryrequirements for municipalities that have associated costs.  Local municipalities may choose to adopt anopen burning or visible emission waiver program to control smoke emissions.

8.   Cost ofimplementation to the state agency and available funding (in thousands of dollars):

Initial Year       Subsequent

FY 17______  Years

Operating Cost                         $__33.3______           $_30.4_______

Capital Cost                             $___0_____    $___0_____

1002 Federal receipts               $___16.6_____           $__15.2______

1003 General fund match        $___16.6_____           $__15.2______

1004 General fund                  $___0_____    $____0____

1005 General fund/

   program                                $___0_____    $_____0___

1037 General fund/

   mentalhealth                                   $___0_____    $____0____

Other                                       $___0_____    $____0____

            Name:                Cindy Heil

Title:                  Program Manager

Address:            619 Ship Creek Ave, STE 249

                          Anchorage, Ak 99501

Telephone:        907-269-7579

E-mail address: cindy.heil@alaska.gov

10. The originof the proposed action:

__X___  staff of state agency

_____     federal government

_____     general public

_____     petition for regulation change

_____     other (please list)                                                                                               

11. Date: ____________________   Preparedby:              _____________________________

Name                             Alice Edwards

Title                                    Director

Telephone:                         465-5105