By: Jim Whitaker, Mayor Introduced: July 30, 2009 FAIRBANKS NORTH STAR BOROUGH ORDINANCE NO. 2009-20- AN ORDINANCE ADOPTING THE AIR QUALITY IMPROVEMENT TAX CREDIT; ADOPTING THE SOLID FUEL HEATING DEVICE REMOVAL, REPLACEMENT, OR REPAIR PROGRAM; ADDING A CHAPTER TO TITLE 8 OF THE FNSB CODE OF ORDINANCES REGULATING THE REGISTRATION, SALE, INSTALLATION, AND. USE OF SOLID FUEL BURNING DEVICES; ADDING A CHAPTER TO TITLE 8 TO REQUIRE THE FORECASTING OF PMzs EXCEEDANCES WITH ACCOMPANYING. BURN RESTRICTIONS; AMENDING 1.04.050-060 REGARDING FINE SCHEDULE AND CODE ENFORCEMENT OFFICERS; AMENDING 2.48.120 REGARDING THE DUTIES OF THE AIR POLLUTION CONTROL COMMISSION; AMENDING CHAPTER 3.08 TO ADOPT THE AIR QUALITY TAX CREDIT; AND AMENDING THE FY 2009-10 BUDGET BY 1) APPROPRIATING $1,000,000 FROM THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) TO THE TRANSIT ENTERPRISE PROJECTS FUND FOR THE REMOVAL, REPLACEMENT, OR REPAIR OF CERTAIN SOLID FUEL BURNING DEVICES, 2) APPROPRIATING $925,000 FROM ARRA TO THE FUND BALANCE OF THE GENERAL FUND, 3) DESIGNATING $2,000,000 OF FUND BALANCE OF THE GENERAL FUND FOR FUTURE FUNDING OF THE AIR QUALITY IMPROVEMENT TAX CREDIT PROGRAMS, AND 4) APPROPRIATING $100,000 FROM THE GENERAL FUND TO THE TRANSIT ENTERPRISE PROJECTS FUND FOR AN EDUCATIONAL PROGRAM CONCERNING SOLID FUEL BURNING DEVICES WHEREAS, EPA, on December 22, 2008, declared part of the Fairbanks North Star Borough a non-attainment area for fine particulate pollution (PMz.s); and WHEREAS, in the winter, PMz.5 concentrations in the non-attainment area routinely exceed the allowable limit, thereby violating the federal health-based standards; and WHEREAS, an excessive level of PMz.5 impacts the health and well-being of borough residents; and CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underiined ‘Text to be deleted is [BRACKETED AND CAPITALIZED] Alaska INANCE NO. 2009 .20- Pago 1 of 1840 4 42 43 45 46 47 48 49 50 SI 52 53 34 55 56 57 58 59 60 61 62 63 65 66 67 68 WHEREAS, solid fuel burning devices such as woodstoves and outdoor wood and coal burners are significant contributors of PMzs and in some limited instances, can create a public nuisance; and WHEREAS, PMs emissions from solid fuel burning devices can be significantly reduced through the selection and proper use of models designed to meet more stringent emissions standards and through the selection of appropriate fuel ‘sources; and WHEREAS, the State of Alaska, through a Memorandum of Agreement with the Borough, recently authorized the Fairbanks North Star Borough to establish and administer an area-wide local PMz. air quality control program that will operate in lieu of and consistent with the State's air quality program; and WHEREAS, the Alaska Legislature recently authorized municipalities who are in non-attainment for PMz5 to provide for a property tax credit for improvements to the air quality, NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks North Star Borough: Section 1. Sections 2 through 6 of this ordinance are of a general and permanent nature and shall be codified. Sections 7 through 16 of this ordinance are not of a general and permanent nature and shall not be codified Section 2. Title 8 of the FNSB Code of Ordinances is amended to add the following chapter: CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is. Text to be deleted is [BRACKETED AND CAPITALIZED] Eairbanks North Star Borough, Alaska ORDINANCE NO. 2009 -20- Page 2 01 1969 70 n 2 B "4 8 76 1” B 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 97 8.21 PMz5 AIR QUALITY CONTROL PROGRAM 8.21.010 Definitions A.___Alert~a notice issued by the FNSB Air Quality Division when the division determines, using available data, that a violation of the 35 micrograms per cubic meter will likely occur. B.___Clean Wood—natural_wood that has not_been painted, varnished, or coated with a similar material, has not been treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products. c. Cook Stove—a wood burning device that is designed primarily for cooking food and that has the following characteristics: 1. __An oven, with a volume of 0.028 cubic meters (1 cubic foot) or greater, and an oven rack, 2. ___A device for measuring oven temperatures, 3. A flame path that is routed around the oven, 4 A shaker grate, 5. An ash pan, 6. An ash clean-out door below the oven, and 7.___The absence of a fan or heat channels to dissipate heat from the device. D. Division—the Fairbanks North Star Borough Air Quality Division. E Episode—when conditions reach alert status. FE Fireplace—an open recess constructed of masonry materials or factory- built material and which is built into the structure of a building (is not free-standing) and is for the purpose of burning solid fuel at the base of a chimney. G.___Forecast—a description of the current dispersion conditions described as good, fair, or poor _and including the expected PMs concentrations expressed_in micrograms per cubic meter. H.___Hydronic_Heater—a fuel burning device designed to (1) burn wood or other solid fuels; and (2) heat building space and/or water via the distribution, typicalh CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is undertined ‘Text to be deleted is [BRACKETED AND CAPITALIZED] Ealrbanks North Star Borough, Alaska ORDINANCE NO, 2008 -20- Page 3 of 19