BAY AREA AIR QUALITY MANAGEMENT DISTRICT
939 Ellis Street
San Francisco, CA 94109

December 9, 1998

TO: CHAIRPERSON HARPER AND MEMBERS OF THE BOARD OF DIRECTORS

FROM: EXECUTIVE OFFICER / AIR POLLUTION CONTROL OFFICER

SUBJECT: BACKGROUND FOR REPORT OF THE AD HOC COMMITTEE ON WOODSMOKE


At its November 23, 1998 meeting the Ad Hoc Committee on Woodsmoke voted to recommend that the Board take the following actions to implement a District woodsmoke program:

Recommended Actions:

  1. Approve a model ordinance developed by the committee for cities and counties that have woodsmoke problems and wish to regulate the installation of new woodburning appliances. The model ordinance is patterned after the City of Petaluma woodburning ordinance and would be implemented through the building departments in those localities choosing to adopt the ordinance. It would apply to new installations and would not require sellers or buyers of homes to modify or remove existing woodburning appliances. Two copies of the model ordinance are attached: one shows final changes made in response to the committee's direction and one is a clean copy incorporating the changes.
  2. Direct staff to proceed with the planning and development of a District-wide regulation that would impose mandatory restrictions on woodburning when particulate levels are forecasted to exceed health-based standards. Enforcement of mandatory restrictions on woodburning would not begin until after a lengthy public education program. Staff would develop estimates of any additional resources necessary to develop this rule and would bring them to the Board during the next budget cycle.
  3. Direct the District's existing public education program, to
    (a) incorporate support for the model ordinance and the future district rule into its outreach efforts; and

(b) encourage the use of any retrofit technologies available to reduce emissions from conventional woodburning fireplaces.

Staff would develop estimates of any additional resources necessary for this program and would bring them to the Board during the next budget cycle.

The purpose of this memorandum is to provide background information to those Board members who did not participate in the deliberations of the committee.

Committee Activity

At its March 4, 1998 meeting, the Board appointed and Ad Hoc Committee on Woodsmoke and requested a recommendation to the Board by the end of 1998 for an overall woodsmoke program. The committee began looking at the woodsmoke issue and developed the policy recommendations and the model ordinance described in the memorandum.

The committee conducted five meetings from April through November. These meetings were attended by representatives of the Hearth Products Association, the Homebuilders Association of Northern California, the Tri-County Apartment Association, local realty associations, and the hearth products manufacturers and sellers.

At the first committee meeting, District staff and the Advisory Council made presentations regarding the activities related to woodsmoke. The Advisory Council presented a draft model woodburning ordinance it ha developed. In subsequent meetings, the committee reviewed a matrix of policy options in four broad categories:

  • Public education
  • Market-based incentive programs
  • City and county regulation of fireplaces and woodstoves
  • District regulation of fireplaces and woodstoves

After discussion of policy options and model ordinance, the committee developed the three recommendations noted above and discussed below.

The Model Ordinance

The model ordinance is based upon Petaluma's 1992 ordinance regulation new installations of woodburning appliances. The model ordinance, like the Petaluma ordinance, is intended to reduce the proliferation of new sources of woodsmoke pollution.

The primary provision of the model ordinance is a restriction on what types of woodburning appliances can be installed in a locality adopting the ordinance. Under the model ordinance, installations of gas-burning devices would be allowed without restrictions, but a woodburning device would have to be one of the following:

  1. A pellet-fueled wood heater. These are inherently cleaner -burning devices because they control the mixing of fuel and air more tightly than conventional woodstoves by using pelletized fuel. Emissions of virtually all these devices are lower than emissions from EPA certified wood heaters.
  2. An EPA certified wood heater. These are woodstoves that meet EPA's particulate emission standards found in their New Source Performance Standards for Wood Heaters. These devices incorporate combustion controls, generally a secondary combustion zone, or they use catalysts akin to the catalytic converters used in motor vehicles.
  3. A fireplace certified by EPA, should EPA develop a fireplace certification program. Though EPA does not yet have a fireplace certification program, this provision was included by the committee in order to keep the door open for cleaner-burning fireplaces.

One of the primary issues discussed by the committee was whether the model ordinance should include an emission standard for fireplaces, and specifically whether the Washington State fireplace standard, the nations' only such standard, was appropriate for the inclusion in the model ordinance.

After lengthy discussion and debate regarding fireplace emissions, the committee decided that it was inappropriate to include the Washington standard or test method for fireplaces in the model ordinance because both appeared inadequate. In addition, there appear to be, at present, no available technologies to significantly reduce emissions from open fireplaces. Because the committee wished to leave the door open for cleaner fireplaces, it decided that model ordinance would allow fireplaces certified by EPA, should EPA develop a fireplace certification program. EPA does not yet have a test method or certification program for fireplaces. However, some EPA-certified "fireplace" woodstoves (sometimes known as "EPA fireplaces") offer much of the aesthetic feel of a conventional fireplace.

These restrictions on new woodburning devices imposed by the model ordinance would be enforced by the building department of a locality adopting the model ordinance. All localities already require a permit for such an installation. The ordinance would simply require a person to provide additional documentation that a device to be installed is one of the allowed devices.

The ordinance also include two other general requirements: (1) a prohibition on woodburning when the District issues a "Spare the Air Tonight" warning, and (2) a prohibition against using certain specified fuels, such as garbage and plastic, in a woodburning appliance. Note that these requirements would not be enforceable by a building department and would require a locality to establish some other enforcement mechanism. These could be treated as optional provisions.

The District Rule

The District rule would complement the model ordinance and would give the District authority to restrict woodburning when particulate matter (PM) levels are high. It would not address installations of new woodburning devices, which would be left to the model ordinance. The committee decided to recommend development of a rule that would incorporate the following basic concepts:

  • The rule would include two tiers of restrictions of woodburning.
  • At the first tier, which would be triggered when the District forecasts that particulate matter levels will approach the federal PM standard, restrictions would be voluntary. This first tier would be similar to the District's current Spare the Air Tonight program.
  • At the second tier, triggered when the District forecasts a violation of the federal PM standard, restrictions would be mandatory.
  • Restrictions would be imposed on a sub-regional basis, probably using the District's five current forecast zones.
  • Mandatory restrictions would not go into effect until about 2003.

Staff would develop estimates of any additional resources necessary to develop this rule and bring them to the Board during the next budget cycle.

Public Education

A public education program would provide outreach to accompany the model ordinance and would aid the effort to develop and implement the District rule. For the model ordinance, the District would provide outreach to communities and additional assistance to those that desire to adopt the model ordinance. This work would be done by staff in the District's Public Information and Outreach Division working with county resource teams and could proceed after two current vacancies in that division are filled. Staff would develop estimates of any additional resources necessary for this program and would bring them to the Board during the next budget cycle.

 

In addition to this overall direction for public education, the committee also decided to recommend that the public education program encourage the use of any available retrofit devices that are determined to reduce fireplace emissions. There is, for example, a device currently on the market that directs combustion air to a fire using a blower to force air out of small holes in steel tubes that form a grate on which logs rest. Some test data indicates that such devices may produce emission reductions from existing fireplaces.

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