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# Minutes 

# ofthe Butte 

# County Air

# Quality

# Management District 

# Governing Board

# ofDirectors 

# Meeting 

# ofDecember 

# 11,2008

Members Present Maureen 

### Kirk,Chair Bill 

### Connelly,Vice Chair Jane Dolan Curt Josiassen Kim

### Yamaguchi Doug Arnold 

### Jerry Ann Fichter James Johansson Alan White Butte 

### County 

### Supervisor Butte

### County Supervisor Butte 

### County 

### Supervisor Butte 

### County Supervisor Butte 

### County 

### Supervisor Councilmember,

### Cityof

### Biggs Mayor,City of

### Gridley Vice 

### Mayor,

### City ofOroville 

### Councilmember,Town ofParadise Staff Present W.James

### Wagoner Air Pollution Control Officer Robert

### McLaughlin Assistant APCO Gail Williams Senior Air

### Quality Planner 

### Robyn Sousa Admin.Services Officer David Lusk Senior Air

### QualityEngineer Armen Kamian 

### AQ 

### Compliance Specialist II 

### Greg Einhorn District Counsel

Members Absent Scott Gruendl 

### Councilmember,

### CityofChico Patricia

### Cummings Clerk ofthe Board

Others Present Marc Albert KZFR Richard

### Alloway PPPOA,URFSC,URCC Luke Anderson Chico 

### HealthyAir Alliance Vicki Artzner Member ofthe Public Marne Bass HBI JeffBethell Member ofthe Public John Buras Clean Flame Richard 

### Burgi Member ofthe Public Bob Cline Duraflame Christina Craven KPAY & ALAC Diane J.Davidson Member ofthe Public 

### Nancy Evens Member ofthe Public Ken 

### Fleming Member ofthe Public William H.Gibbs Member ofthe Public Vicki Gillett Member ofthe Public Howard Hammon Member ofthe Public 

# Agenda Item 

# 5.

1Butte 

### CountyAir

### QualityManagement District

Board ofDirector's Meeting Minutes 

### December 11,2008 Others Present Continued Robin Huffman Member ofthe Public Earl Keene Member ofthe Public Dave Kilbourne Member ofthe Public Bob 

### Langan Member ofthe Public Dr.Mark

### Lundberg BC Public Health 

### Dept. Tanha Luvaas Member ofthe Public Misa 

### Maruyama KRCR 

### Megan McDonald KHSL 

### Betty Moural Patrick 

### Macarthy Karen.Peacock 

### Maylin Pringle Barry

### Sbragia Steve Schoonover Bruce Smith Melvin W.Smith Robert 

### Speer Karen Van Ness Darrel Wilson

1. Call to Order. Member ofthe Public Member ofthe Public Member ofthe Public Member ofthe Public Member ofthe Public 

### Enterprise Record Member ofthe Public Member ofthe Public Chico News & Review Member ofthe Public BC Fire Safe Council

Chair Kirk called the 

## meeting to order at 10: 25 a. m., at the Chico 

### City Council 

### Chambers, 421 Main 

### Street,

### Chico,California.

2. Board Member 

### Recognition.

a. Welcome New Board Member Chair Kirk welcomed Councilmember Alan 

### White,Town of

### Paradise,to the Butte 

### County Air 

## Quality Management District

## Governing Board.
b.

### Recognition of

## Outgoing Board Members Jim 

### Wagoner,Air 

### Pollution Control 

### Officer,

### presented Robin Huffman with a

## plaque recognizing her 

### service on the Butte 

### County Air 

### Quality Management District 

### Governing Board. Ms. Huffman made brief comments.
Jim 

### Wagoner,Air 

### Pollution Control 

### Officer,

## presented Supervisor Curt Josiassen with a

## plaque 

## recognizing his many years of service on the Butte 

### County Air 

## Quality Management District 

## Governing Board as well as his years ofservice as the District's 

## representative on the Sacramento 

## Valley Basinwide Control Council. 

## Supervisor Josiassen made brief comments.
3. Additions and Deletions to the Consent

## Agenda.
Councilmember Arnold 

## requested that the 

## following item be removed form the Consent

## Agenda:

4. 1 

### By consent,approve minutes ofthe October

### 23,2008 

## meeting ofthe Board 

### ofDirectors. Page 2Butte 

### CountyAir

### Quality Management District

Board

### ofDirector's 

### Meeting Minutes December Il,

2008
4. Consent

### Agenda. 4. 2 

### By consent,

### accept and 

### file,

## Activity Report on

### AQMD activities. 4. 3 

### By consent,

### accept and 

### file,Financial Status 

### Report for Fiscal Year 2008- 2009. 4. 4 

### By consent,

### accept and 

### file,status 

### report on Calendar of Events. 4. 5 

### By consent,approve Board 

## meeting dates and time for Calendar Year 2009. 4. 6 

### By consent, 

### accept and 

### file, status 

### report for 

## September and October 2008 

### Ambient Air 

## Quality Monitoring Data. 4. 7 

### By consent,

### accept and 

### file,status 

### report on State Airborne Toxic Control Measures ( 

### ATCMs). 4. 8 

### By consent, 

### accept and 

### file,status 

### report on 

### California Air Pollution Control Officer's Association 

### CAPCOA)activities. 4. 9 

### By consent,approve Ca1PERS 

### Employer " pickup"

Resolution 

### pursuant to Revenue 

## Ruling 2006- 43. 4. 10 

### By consent,

### accept and 

### file,report on 

## upcoming proposed rule amendments. 4. 11 

### By consent,

### accept and 

### file,status 

### report on Rule

## Adoption Schedule. 4. 12 

### By consent,

### accept and 

### file,status 

### report on Phase II Enhanced 

### Vapor Recovery 

### upgrade 

## requirements for 

### retail 

## gasoline stations. 4. 13 

### By consent,

### accept and 

### file,report on smoke 

## impacts due to 

## agricultural and 

## prescribed burning in October 2008. 4. 14 

### By consent,approve a District 

### Policy

## establishing Significance Thresholds for

### implementing the 

### public notice 

## requirements ofHealth and 

### Safety Code Section 42301. 6
Action 

### Requested:Approve Consent

### Agenda Items 4. 1 

### through 4.

14.
Motion:

### Approve Consent

### Agenda Items 4. 2 

### through 4.

14.
AYES: 

## Supervisor Kirk,

## Supervisor Connelly,

## Supervisor Dolan ( 

## Seconded),

SupervisorJosiassen, 

## SupervisorYamaguchi,Mayor Fichter ( 

### Motion),

Vice 

### MayorJohanson, Councilmember

### Arnold,Councilmember White NOES: None ABSTAIN: None ABSENT: Councilmember Gruendl 

### RegularAgenda 5. Items removed from the Consent

### Agenda for Board consideration and action.
4. 1 

### By consent,approve minutes ofthe October

### 23,2008 

## meeting ofthe Board ofDirectors.


### Councilmember Arnold 

## requested that 

### MayorBusch's name be added to " Others Present".
6. PUBLIC HEARING:

1. 

## Adoption of

## proposed amendments to Rule 

### 207,Wood

### Burning Devices. 2. 

## Adoption of

## proposed new 

### Rule 208,

## Mandatory Wood

### Burning Curtailment Periods.
The 

### District's Senior Air 

## Quality Planner,Gail Williams and Air 

### Quality 

## Compliance Specialist II, Armen Kamian

## presented information 

## regarding proposed amendments to Rule 207 and new Rule 208. 

### Page 3Butte CountyAir

### Quality Management District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
Councilmember White 

## requested a definition ofwhat the Chico Urban Area included.
Gail Williams stated that the Chico Urban Area is based on what the 

### City of Chico defines as 

### their urban

area which goes to some extent outside the Chico 

### City limits.
Jim 

### Wagoner stated that there is a definition in the rule itself in Section 2. 1.that is tied to the Census Bureau Urban Area criteria as a 

### Federal 

## Register definition. He further stated that the District will 

### post a map 

## showing this area on the Districtwebsite

## today.
Councilmember White asked for confirmation that the 

## exemptions to the rule included areas that do not have natural gas 

### available,if it is the sole source ofheat and when power 

### outages occur.
Gail Williams stated that those rule 

## exemptions are correct. 

## Supervisor Kirk asked if Sacramento's 

### particulates have been 

## significantly reduced since their 

### mandatory curtailment has been in 

### place which also includes the curtailment of EPA certified woodstoves?
Gail Williams stated that when " No Burn 

### Days"were 

### called,

## exempting EPA certified 

### woodstoves,

## they

were not able to 

### get below the 

### standard,however when " No Burn 

### Days"were called that included EPA certified 

### woodstoves, Sacramento succeeded in 

## getting below the standard. She further stated that San 

## Joaquin Valley has been involved with this 

### type of a program for 6 years and has seen up to a 50% decrease in 

## particulate matter. She stated that the 

## problem area is the Chico Urban Area and 

## presently State and federal 

### grants are not 

### forthcoming to 

### help with woodstove 

## replacements. She 

### commented that the District 

## presently has no 

### funding for stove 

## rebates/ replacements identified and that there is still a 

## hope that the Butte 

### County grant for $ 

### 50, 000 may come

## through to 

## help the low income citizens. 

### Mayor Fichter commented that

## although the 

### City of

## Gridley is not affected 

### by this 

### rule,she did note there is the use of the word "



### currently"and this does concern her since she feels that once rule is 

## adopted in the Chico area,it could 

## possiblyspreadthroughout Butte 

### County.
Gail 

### Williams stated that before this rule could be 

### changed,it would 

## require a Board decision to include other areas which would also include a recommendation from 

### staffbased on 

### monitoring data. 

### Supervisor Dolan stated that she noticed 

## people have started to burn

## yard waste and was

### wondering what is 

## going to be done 

## concerning that?
Gail Williams 

### stated that

## they have been issued violations ifit is a " No Burn 

### Day". 

## Supervisor Josiassen asked if a 

## study has been conducted 

## regarding different 

### types of fuel sources and if

some are betterthan others?
Gail Williams stated that yes such a

## study has been done and some are betterthan others. 

### She further stated thatwhen you have a " No Burn 

### Day"it does not matterwhich

### type offuel is 

### used,because the air

## quality is



### Page 4Butte 

### County Air

### QualityManagement District

Board

### ofDirector's 

### Meeting Minntes December ll,

2008 

## already poor and the 

### solution is curtailment of

### burning.She stated that otherwise individuals will be 

## adding to the 

## already poor air

## quality.
PUBLIC HEARING:

## Opened at 10: 58 a.

m.
Dr.Mark 

### Lundberg,Butte 

### County Public Health 

### Department,thanked the Board for the work that

### they do because he feels thatthat work is 

## primarilypublic health.He stated that as a

## public health agency he wanted to 

### acknowledge two 

## challenges that the Board is faced with:

1. As this Board faces new standards such as the Clean Air Act or decisions on Rule 207 and 

### 208,that the Board 

## empathizes with those who are 

## impacted by those 

### standards,however

## they also 

### recognize that new standards that are proven and well researched should 

### always be welcomed because 

### they

save lives and 

## improve quality of life. 2.The decisions that this Board makes 

### impact civil 

## rights and freedoms and that this is not 

## unique to the District since there are laws 

## regarding smoking,alcohol,traffic 

## safety,car 

### seats,

## speed,school immunization and food services.These 

### impacts should be very

## carefully considered.
Dr 

## Lundberg stated that these rules involve the consideration of the freedom to burn wood versus the 

### freedom to have clean air. He 

## explained that there are 

## plenty of

## people in Butte 

### County that have asthma and other

## respiratory diseases that want the 

### right to 

## enjoy the outdoors.He stated that he felt that Rule 207 and 208 seem like reasonable 

## public health measures that would not 

### only help with the nonattainment 

## compliance but 

## improve public health and he 

### requested that the Board approve these rules.
Karen Van Ness stated that

## people of Butte 

### County live in an 

## agricultural area and that

## during the storms in 

### January 

## approximately 1, 000 to 

### 1,

500 acres of almond orchard were lost. She 

## explained that this is a 

### reusable and sustainable energy source for 

### heating homes. She stated that she contacted Michael Lambert of Lambert's 

### Masonry who works with a company out of

### Washington. She 

## explained that Mr.Lambert informed her that the wood stoves he sells emit 1. 7 to 4 grams per hour and that the 

## majority ofthese stoves emit less than 2 grams per hour.She further

## explained that the 

### county has been in exceedence 4 

### days and it is December. She stated that she felt that that was not bad 

### considering 

## majority ofthe 

### county's stoves are from 1970 to 1995 and are 

## producing the 

### biggest amount ofthe 

## problem. She 

## suggested that 

### somebody sit down with Mr.Lambert because he said 

### that,as sole

## proprietor,he is 

## willing to match the 

### county dollar for dollar to 

## help the situation.She asked that 

### since

## people need to 

## keep warm or

## they will 

### die,yet

### they need to 

### breathe,which comes first? She 

## explained that 

### there are other ways to take a look at the situation to 

### determine who needs 

## help and how

## they can be 

## helped. She further stated that in the Midwest

## they use corn because it is 

## plentiful there,in this 

### county there are orchards that are torn out that 

## supply free wood. She concluded that she feltthat the District

## just needed to come at it

## differently instead 

### of

## restricting burning. Supervisor Kirk asked Ms.Van Ness that if

### the 

### county was 

## willing to 

### put in $ 

### 1, 000 toward a $



### 2, 000 dollar 

### stove,Mr.Lambert 

### would be

## willing to

## forget the other $ 

### 1, 000?
Karen Van Ness 

## suggested a 

## meeting with Mr.Lambert to 

### get the 

## specifics.She 

### stated that he said that he 

### would be 

## happy to do that. She 

### explained that Mr: Lambert 

### had 

## spoken with the 

### manufacturer in 

### Washington who stated that

### they would consider 

### it because 

## although a company may not make a 

### Page 5Butte CountyAir Quality 

### Management District

Board

### ofDirector's Meeting Minutes December Il,

2008
lot of money,it does what serves the 

### greater 

## good. She stated that Mr.

### Lambert said that he would be 

### happy to discuss this with the District.
Gail 

### Williams stated thatthe District has done 3 years ofrebates

### working with Lambert's 

### Masonry.
Bob 

### Cline,

### representative for 

### Duraflame,stated that the company manufactures clean 

### burning fire 

### logs that

are 80%

cleaner 

### burning than seasoned fire wood. He 

## explained that the company has 

### recently shifted to 

## using biowaxes as the binder for the sawdust. He stated that Duraflame is 

## asking this Board and staff to advocate the use of clean 

### burning technology 

## by including manufactured fire 

### logs. He 

### stated that Duraflame has two 

### requests;

### first,in 

## proposed Rule 

### 207,that 

### manufactured fire 

### logs are included within the definition ofthe 

### rule,and 

### second,in 

## paragraph 3. 5. 1 to mention manufactured fire 

## logs as a

### type offuel that is not

## prohibited.
Luke 

### Anderson,Chico 

### Healthy Air 

### Alliance,stated that he has looked at the Air Resources 

### Board to see how many 

### days Chico area was in exceedence ofthe Federal Health Standard and 

## compared it to the 

### days when Air Advisories were 

### issued,and ofthe last 18 

### days,12 ofthose 18 

### days were over 30 

### micrograms per cubic meter. He further stated that 8 ofthose 

### days exceeded the 

### Federal Standard for 35 

### micrograms per cubic meter. He 

## explained that that is more than a week of the less than three we were 

## achieving the 

### Federal Health Standard. He stated that from the 

## 20t~, of November to the 

## 10th of December there were 6 Check Before You 

### Light Air 

### Advisories issued in the time 

### period where we had 12 

### days over 30 

### micrograms per cubic meter. He stated that on the 

### days when the Air Advisories were 

### issued,4 ofthose 

## days out of the 

### 6,showed 30 

### micrograms per cubic meter with 2 of them 

## exceeding the standard. He further stated that the last three 

### days have been 

### consistently over the Federal Standard. He 

## explained that this shows that:

1. There are not 

## enough Check Before You 

### Light Advisories to match the 

### days of

### high 

## particulate levels. 2. It is 

### failing to 

## keep Chico within the Federal Health Standard. Last year there were 38 

### days that we exceeded the Federal Health 

### Standard,this year will be more. 3. On the 

### days that the Advisories are issue either 

## people are not 

### hearing about it or if

### they are there

are 

## simply not

## enough people refraining from 

### burning to lead to the 

### desired effect.
Luke Anderson 

### stated that at the last Board 

## meeting when EPA made their 

## presentation they stated that unless Chico can 

### get their levels below the Federal 

### Standard the whole of Butte 

### County will be 

## designated

as a nonattainment area. He cited that this will lead to reductions to federal 

## funding and 

## problems for 

### people in the 

## outlining areas who burn as their source ofheat. He stated that everyone 

## agreed that it was a 

## good idea forthe Chico 

### Urban Area to 

### get to 

### grips with it.He stated that

## people are 

### leaving Chico because 

### they cannot 

### live here. He 

## explained that he 

## organizes the Chico 

## Healthy Air Alliance which 

## supplies information 

## regarding these 

### meeting to the 

## public and has 

### received numerous 

## correspondence from citizens who have 

## requested to be taken offthe 

### distribution list because 

### they are 

## moving out 

### of Chico because 

## they

can no 

### longer live under these 

### conditions. He 

### concluded that this situation 

## obviously needs a different solution than the one 

## currentlybeing offered.



### Page 6Butte CountyAir

### QualityManagement District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
Bob 

### Langan stated that he lives in the 

### newly 

## incorporated area of the avenues in Chico and that in his 

### neighborhood there are 

## people who burn 

## regularly. He 

### further stated that he knows that 

### they are 

### burning very wet

### wood,since it is very 

### smoky and there is a rank smell of

## formaldehyde and 

## plastic in the air. He 

## explained that he and his wife are 

## actually leaving Chico at the end ofthis month 

## partly because ofthe air 

## quality. He 

## emphasized that he is done and cannot take the air

## quality here anymore. He stated that he has 

## enjoyed Chico,that it is a nice 

### place and that there are wonderful 

## people here,but

### they are done. He stated that he 

### hopes that for

## everybody that does call Chico home

## they can look forward to clean air and not have to feel 

## suppressed in their 

### lungs. He concluded that he 

### hopes that the Board does whatever is 

## right for clean air.
John 

### Buras, 

## representative for Clean 

### Flame, a company that manufactures fire 

## logs from U. S. D A 

### approved produce wax boxes. He stated that this 

## product can 

## help with emissions because it burns 86% better on the emissions 

## period than 

## premier oak wood based on three 

### previous tests. He 

## explained that the test showed 86% less 

### creosol,80%

better on Carbon 

### Monoxide,33% less 

## particulate matter and 50% better with BTU'

s. He stated that Clean Flame is 

## doing their best to add more

## jobs to Butte 

### County

## byproducing these fire 

### logs. He 

## explained that there are 

### 800, 000 tons of

## produce boxes 

## going into the landfill per year. He further

## explained that this 

### log is recommended for any

### type ofwood 

### burning device. He 

### concluded that Clean Flame 

### requests the same revisions to Rule 207 as 

## previously mentioned 

## by the Duraflame 

## representative.
Marne 

### Bass,HBI,stated that what the Board is 

### doing is 

### extremely sensitive,not

## just from the 

### economic

sense but 

## primarily that it is a clear and current health risk 

## presently. He stated that the enforcement methods are not 

## working and that the Board has the power to 

### change the rules. He further 

### stated that he would never vote to 

### support an 

## industry such as 

## cigarette and alcohol that kills 

## people.He stated that he is 

## currently developing a 

## campaign to sue everyone in Chico that has a

### woodburning stove that burns on " No Burn 

### Days".He 

## explained that the 

### only reason he is 

### doing this is because he has a heart condition.He further 

## explained that when he smells smoke that comes into his 

### home,his blood pressure builds up in his chest and he has to leave town. He stated that he loves this town. He further stated that when he sues all those that burn woodstoves in Chico on " No Burn 

### Days"

he is also 

## going to sue 

## people in 

### charge of

## making the 

### rules,this Board. He 

## explained that he does not want to sue 

### anybody 

## really,but he doesn' t have the power that the Board has. He stated that he 

### only has one

## thing,which is a $ 

### 2 

### subpoena that he can file on 

### everybody all 

## day long. He further stated that he has a

## neighbor that burns trash in his stove and calls him

on the 

## phone and 

### laughs about it. He 

## explained that he does not want to 

### get in an altercation with his 

### neighbor.He 

## emphasized that that is 

### whythere are 

## public

## agencies and Boards like this one. He stated that there is 

## always a way around this and that is to kill the fewest 

### people. He further stated that 

## people are 

## dying. He 

## explained that when he leaves town he can breathe but when he 

### gets back to Chico he feels like there is a guywith his hand around his throat. 

### Barry 

### Sbragia asked 

### why the District has 

## only two 

### monitors 

## showing up on their 

### website,when there are three in Butte 

### County?He also asked ifthe one in 

### Paradise is

## functioning or not?


### Gail Williams 

## replied stating that it is 

## functioning but has not 

### yet been set up on the website so 

### that the 

## public has access. 

### She further stated that the 

### ability forthe 

## public to access this 

### information on the 

### website is in progress and that the data is not lost. 

### Page 7Butte CountyAir

### Quality Management District

Board 

### ofDirector's 

### Meeting Minutes December Il,

2008
Mr.

### Sbragia asked what the range ofthe 

### monitoring system is 

### and if it goes 30 miles in all directions? He stated Oroville is a 

### big community and Oroville does not have a monitor. He further asked if there were

more 

### monitoring systems would there be a more accurate 

## reading ofwhat the levels of PM are?
Gail Williams 

### replied that the Environmental 

### Protection 

### Agency (

### EPA)stated at the 

## previous Board 

### meeting that based on the Chico monitor

### they believe that all of Butte 

### County is nonattainment and that is what 

### they are 

## going to 

### designate Butte 

### County. She further stated that the Chico monitor meets all the 

## regional criteria for 

### setup and is audited 

### by EPA twice a year and once a month 

### by the 

### State,therefore it does 

### represent the Butte 

### County area. She 

## explained that more data 

### points in 

## place results in better data. She further 

## explained that the District has 

### put in a 

### request

### through Public Health to have a PM2. 5 monitor in Oroville and to 

### put it on their 

## building. She stated that that may occur in the near future because the District would like more data available forthose 

## specific areas that have

## population in them.

Mr.

## Sbragia asked how the District knows that what the monitor 

### readings are come from this area and not from somewhere else like 

## Marysville?
Gail Williams 

### stated that it is because ofall the 

### monitoring data and all the science that shows what PM2. 5 is 

### likely to do. She further stated that it is based 

### heavily on all the 

### meteorological conditions 

## including what is the dew

### point and how far it can reach. She 

## explained that at some 

## points it is a very local 

## problem and at some 

## points it is a 

## regional 

## problem. She further 

## explained that it is variable based on the 

## meteorological conditions at that time.
Mr.

### Sbragia stated that if Butte 

### County's air is 

### absolutely clean,

### nothing was in the 

### air,what 

### prevents air from other areas 

### coming here and

## polluting our air?
Gail Williams 

### stated that that does occur with ozone,but not at the level of PM2. 5.She further stated that the 

### big issue with PM2. 5 is that there are more sources than

### just woodstoves;however woodstoves are the 

### part that 

### puts Butte 

### County overthe 

## edge. She 

## explained that unless more woodstoves are 

### incorporated into this area she does not believe that Butte 

### County will have that 

## problem because it' s not like ozone or car 

### emissions that can travel on 

### transport

### winds,like what

## happens in the summer.
Mr.

## Sbragia asked if the 

## monitoring systems can tell the difference between an 

## agricultural burn and a woodstove 

## burning otherthan time factors?


### Gail Williams 

### stated

### they can

### onlytell time 

### factors,since

## they are the same 

### organic material.
Jeff Bethel stated that with all due 

### respect to persons with health 

### conditions,and to the 

### individuals who are 

## trying to meet the Federal 

### Standards,he is here 

## representing the 

### Chico citizens who like to have a

### fireplace. He stated that there has been a lot oftalk about the 

## quality of life and 

### health 

### conditions,but there is also the 

## quality of life of those who like to 

## enjoy a nice fire. He 

## requested that individuals think about 

### all the families 

### around the fires 

## eating popcorn and 

## drinking 

## punch and 

## staying warm.He further 

### stated that he 

### believes a 

## good number of

## people in Chico would hate to lose that. He 

## requested that the 

### Board 

## please considerthat when

### they make their 

### decision.

Page 8Butte 

### County Air

### QualityManagen2e~ zt District Board

### ofDirector's Meeting Minutes December 11,2008
Bruce Smith 

### stated that when he 

### put in an insert three years ago at 

## approximately $ 3, 000, one of the 

## determining factors was whether or not it would save 

## enough on 

## electricity and how efficient it was 

## going to be. He further stated that he was

## wondering how many 

### days from November to March will a person not be able to use their woodstove?He 

## explained that one person stated it could be 38 

### days or more. He asked that when he 

### gets his newspaper and it states that it is a " No Burn 

### Day",

and he has his woodstove 

## going, should he throw water on it to kill the flame? He stated does that "No Burn 

### Day"go from 6 am until 

### midnight or does it go to the next 

### morning which ( 

### would make it 76 

## days)or does it also include the 

### day before ( 

## which would be 114 

### days).He stated that what is the 

## point of

### buying awoodstove ifthis is the way it is 

### going?He further stated that ifyou have a

## fireplace,why

## upgrade to a U. S.EPA stove when you can' t burn 

### anyway?
Melvin W.Smith stated that he is a third 

## generation Chicoan. He stated that all he has read in the paper is about the 

## particles in the air caused 

### by 

## fireplaces. He 

### stated that in 

### Japan when air is bad 

## people wear a gauze mask and don' t 

### breathe 

### it,rather than 

## putting the burden on the 

## minority they put it on the 

## majority. He 

### commented that the 

### government stated that 

### they want 

## people to conserve energy, and 

## people are 

### conserving energy 

### by 

## burning their 

### fireplace and not 

## using electricity. He 

## explained that 

### by doing that 

## people create a 

## problem with the 

## particles in the air. He stated that 

## people can' t eliminate the use of 

## fireplaces and can' t eliminate use of energy for electric 

### lights. He further 

### stated that his electric bills without a

## fireplace insert runs over $ 

### 400 a month and if he was 

## compensated for the 

### difference,he would be 

## glad to go ahead and 

### stop 

### burning wood.

Karen Peacock stated that

## everybody wants clean air and also to stretch their dollars as far as

## possible. She 

## explained that she and her husband did a lot of research in order to 

### purchase the best EPA woodstove 

## possible because

### they care about the environment. She stated that

### they

## appreciate that the District is here to 

### protect the 

### community but feel there are better ways to achieve a mission rather than enforcement. She 

## explained that 

### perhaps the District could increase education in areas like old woodstoves and the 

## wonderfully efficient EPA stoves. She stated that her 

### neighbor does not know how to build a fire and it smokes all 

### day long. She 

### commented that she realizes there is not much in the way of

### monetary incentives 

### available,but 

### maybe ifthere were an 

## exemption for those who have EPA stoves on " No Burn 

### Days"

that would encourage 

### people to 

### get them. She 

## suggested that the District could 

## provide tips on 

## identifying and 

### getting the 

### really 

## good fire wood and how to 

### build a 

## good fire. She stated that her husband 

## only cuts fire wood from storm 

## damaged trees and fire 

## damaged trees and uses that. She further stated that he is 

### actually 

## clearing away fuel that 

### could be burned in another disaster or fire. She stated that she 

## hopes that 

### eventually there could be the elimination of outdoor 

## yard waste 

## burning. She 

## explained that Paradise has such a 

### wonderful 

## yard waste program and those nutrients break down and go back into the land the way nature intended them to.She stated that she 

### would 

## really hate to see wood 

### burning stoves outlawed. She further stated that there are ways to 

### work with 

## people to 

### get their 

### support and 

### that may mean not 

## using a one size fits all 

## policy.She 

### stated that ifyou treat

## people as

### they should be

## they become what

### they could be. 

### Nancy Evens 

### stated that she is a 30 year resident of Chico and that she had childhood asthma that went away around the age of 10. She 

## explained that it came 

### back two years ago and she has been 

## seeking treatment for 

### it,

she has an inhaler

### that she uses at 

## night. She 

## explained that she does 

### all the

## things that she is suppose to do and 

### has a 

## healthy life 

## style. She commented that she and her 

### husband have raised 

### their 

## family here,and that their

## plan has been to retire here. She further stated her oldest

## daughter is

## planning on 

### Page 9Butte 

### CountyAir Quality Management District

Board

### ofDirector's 

### Meeting Minutes December 11,2008 

## getting married and 

### moving back here after 

### obtaining her law 

## degree and that her fiance 

### wanted to open a restaurant in Chico. She 

### concluded that her 

## plan has 

### always been to 

### stay here because 

### they love this 

## community. She 

## explained that at this 

## point the air 

## quality is a

## big issue and 

### although 

## they are not at the 

## point,like the other

## gentleman and his 

### wife,of

### moving their

## plans are 

## changing due to her husband's heart condition. She further 

### stated that she is 

### really

## pleased to hearthat this 

### Board is 

### considering these rules and 

## strongly hope that 

### they will pass them. She further stated that she is also very 

### happy to hear that Butte 

### County is not the first 

### county to consider this and that the evidence from two other areas shows how effective it has been.She

## empathized with the Board 

### stating that it is a difficult

## job to make a decision like this one. She stated that when she moved into her home in 1982 she gave up their woodstove because she could see the air was 

## being affected and because she had asthma as a child.She summarized 

### by

## stating that there are 

## competing needs and 

## priorities and 

### being alive and 

## being able to breath is number one. She concluded that it is 

### seriously 

## affecting this 

### community and also that the Board 

### should consider the 

### huge health costs.
Christina 

### Roberts,Chico American 

### Lung Association,stated that this 

## organization has a mission to 

### prevent 

### lung disease. She stated that cleaner air is needed in the 

### county

### however;the

### voluntary measures 

### do not 

### get 

### quick results because it takes time for 

## people to catch on and 

## participate. She 

### commented that there are so many

## people in 

### greater Chico area that would benefit

## right away from a reduction in wood smoke 

### pollution. She stated that she is aware that the word " 

### mandatory"is not 

## popular with the residents in the 

## community but a 

### mandatory ban on woodstoves on 

### days with poor air 

## quality does not eliminate the 

## ability for

## people to utilize their woodstoves or

## fireplaces,but 

## only limits the number of

### days that 

## happens in one 

### part ofthe 

### county.She stated that the results are that we 

## significantly improve 

## public health. She further stated that Rule 208 has the 

## potential to 

### improve the 

## quality of life for a

## significant number of local residents and 

### help 

## improve the local air 

### quality for everyone. She 

### commented that she does 

### hope that local residents will pay attention to the Check Before You 

### Light program and act on its message, but she is not 

## personally confident that the 

### voluntary action will solve the air 

## quality problem. She 

### stated that she does have more confidence that a 

### mandatory program will 

### get the desired results and 

## help the sensitive and vulnerable 

## population in Chico to breathe a little easier.
Vickie 

### Artzner,resident of 

### Chico for 25 years,stated . 

### that she has a son who has severe asthma and has been on life 

### support

### twice,and she wonders ifshe did the 

### right

## thing by

## having him here. She further stated that she 

## really hopes that 

## people will 

## give thought as 

### parents in this 

### community as to whether 

### they have done the 

## right thing by 

### staying here. She stated that she feels 

### strongly that this is an 

### important issue,and 

## hopes thatthe Board will take 

### the

## high road

## bydoing as much as 

## possible,not as little as

## possible. Maylin 

## Pringle,Paradise 

### resident,stated that his concerns are not the trickle down effect but the 

## lump effect. He stated that he is 

### concerned that Butte 

### County's summers are worse than 

### their winters. He 

## explained that what is 

## going to drive him out of Butte 

### County is the fact that smog is 

## getting worse. He 

### stated that he heats his home 

## primarily with a 

### woodstove. He 

## explained that when he built his house he 

## paid quite a sum of

### money to 

### put natural gas in because he 

### did not want to heat with 

### electric. He further 

## explained that he chose to heat

### with wood instead 

### because it heats his house better 

### and it is 

### economical. He stated that he agrees with 

### the 

## speaker that 

### stated that if the 

### county wants to do away 

### with my 

### woodstove then the 

### county should pay my

## heating bill. He 

## explained that he 

### understands about

## everyone's rights and

cares about

### everyone's health as 

### well as his own and that he 

### also has 

## allergies. He 

### stated that his 

### neighbor Page 10Butte CountyAirQuality 

### Management District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
has a heart condition 

### and gave up outdoor 

### burning and wears a 

### mask. He stated that he is 

### concerned for individuals like his 

## neighbor who has his stove 

### system connected to his 

### heating system,his well and his water. He 

## explained that for his 

### neighbor to 

### obtain hot water in the winter he has to use his woodstove. He stated that he does not know how many 

## people have this 

### system in Butte 

### County but it is a very 

## expensive system. He stated that his 

## neighbor uses a solar 

### system to heat his water 

### during the summer. He commented that his 

### family burned their woodstove every 

### Christmas since he was a 

### baby and that this 

## proposal is 

## going to take that away from him. He stated that a fire is 

## something that we 

## enjoy,that his fire is inside his house and he burns 

### dry wood. He further 

### stated that he knows this is a hard 

### decision and it involves 

### other

## people's rights,those that have asthma and heart 

## problems,but is also involves 

## people like him who heat their homes with wood. He 

## explained that a lot of

## people cannot afford to heat their homes with 

### electricity and a lot of

## people choose

## just not to. He stated that

### just because he has money to heat his home with 

### natural gas, does not mean that he should be force to. He further stated that 

## during power 

### outages,woodstoves are not affected and thatthe power goes out a lot in his 

## neighborhood.
Vickki Gillett stated that she is here because a lot of

### people have to work 

### during these 

### meetings and 

### they asked her to come and ask some 

## questions and make a few statements. She asked ifthere is one person that decides the burn 

### days?
Gail Williams 

### responded that it is a 

### combination of consultants 

## giving the District 

### forecasts,District 

### staff and State 

## meteorologyworking on it.She stated that there is a 

### large group of

## people looking at all the data to determine whether it is 

## going to be a burn 

## day or 

### not,each 

### day.
Ms.Gillett asked how

## people are 

### being notified and ifit is in the newspaper on a 

### consistent basis?
Gail Williams 

## responded that the editor ofthe Chico 

## Enterprise Record told her not to 

### give up on them.She stated that 

### they have had it in there about halfthe time. Gail further stated that the District has it on the 

### website 

### along with a forecast for next

### day.

Ms.Gillett stated that she thinks the 

### voluntary " No Burn 

### Day"is not 

### working and that there are a 

### large number of

## people that do not know about it.She 

### stated that a 

## campaign is needed and that it 

### should be at least in the newspaper. She asked ifthe " No Burn 

### Day"

begins at 10 a. m.and goes to 

## midnight that 

### day?

Jim

### Wagoner

## responded that it is 

### midnight to 

### midnight.
Ms.Gillett stated that she in not sure what PM is but does 

### fog factor in?


### Gail Williams 

## responded that it does because it has a certain 

## humidity and dew 

## point and that does affect PM 

### levels. She further stated that in 

### certain conditions PM will be 

### really 

## high,but ifthere is 

### heavy fog it could make the PM lower.

11: 45 a.

m.Councilmember White 

## departed.

11: 47 a.

m.

### Councilmember White returned.

Page 11Butte 

### CountyAir

### Quality Management District

Board

### ofDirector's Meeting Minutes December I1,

2008 

## Supervisor Josiassen stated that the issue is that

## people do not know what is 

## going on. He 

### stated that ifthe District wants to educate 

## people on a

### voluntary basis,the District 

### should 

## require a

## permit for woodstoves and have individuals call in each 

## day to see if

### they can or cannot 

### burn,like the rice 

### industry.He 

## explained that there needs to be a better 

### solution than 

### driving around and 

## giving people tickets because 

### they did not read the paperthat

## day and lit their stove.
Ms.Gillett stated that she feels the 

### voluntary program could 

### work,but feels that so many 

## people do not know about it. She 

### stated that she feels there is a lot of confusion 

### and a lack of

### understanding out there about the whole process. She 

### stated that she is 

## sharing a few concerns from others and that one ofthose

concerns is the 

### location ofthe monitor and its accuracy,another is that

## people are 

### fearful that

### wood 

## burning will be 

## stopped altogether and last ofall that many 

### concerned and 

### interested individuals who want to share their comments are unable to 

### attend this 

### meeting due to the time and their work 

### schedule.

Darrel 

### Wilson,

## Magalia resident,part of the 

### Upper 

## Ridge Coordinating Council and 

### chairman of the 

### Firesafe Council for Butte 

### County, stated that his 

## biggest concern on the 

### ridge is that the 

### mandatory 

## regulations will 

## spread to the 

### ridge like a cancer and take away afaction oftheir lives. He commented that 

### during the winter residents burn wood from downed trees to 

### get rid of it from their 

### property and use it as a 

### heating source because it is 

### economical. He 

## explained that other sources are too 

## expensive and 

### electricity is out of the 

## question. He commented that if there were a way to use 

### electricity 

## inexpensively,people would use it. He stated that 

## right now wood is the 

## optimum choice because it 

### gets rid ofthe fire 

### dangers around the 

### property. He 

### concluded that it will be a real hard sell if the EPA tells the 

### county that 

### they cannot 

### burn,because it is not 

## going to 

### fly.
Ken 

### Fleming, Chico 

### resident,stated that when he was a child 

### standing and 

## waiting at the bus 

### stop in 

### Merced,California he could look to the left and see the Sierras every 

## single day and could look to the 

## right and see the coast range every 

### single day. He further stated that you could live in Merced

### today for weeks if not months and not even realize that there were mountains there. He asked the Board what the increase in 

### Chico/ Butte 

### County is 

## projected to be?He further 

### stated that we are not 

## going to fix this on a

### voluntary basis,as the Board has heard from the doctors since 

### things are 

## getting worse. He stated that ifthe Board wants to stimulate the economy

## they should 

### keep doing what

## they are 

### doing because the health sector ofthe economy is 

### being stimulated. He concluded 

### stating that he would encourage the Board to 

### consider

## voting forthese rules. He 

### concluded that he is for clean air and the current program 

### clearly does not 

### get us there.

Diane J.Davidson stated that she would not have had any idea about this program unless her friend told her. She stated that she feels that the 

## majority of the 

## people do not know about this.She stated that she does not read the paper or listen to the news. She further 

### stated that she is concerned that she is 

## going to 

### get a 

### knock on her door 

### and 

### get aticket because she was 

### burning and had no idea that it was a no burn 

### day. She asked how are 

## people like her that don' t 

### get the paper and don' t listen to the news 

## going to find out? She 

### stated that she needs to heat her house.She 

### further stated that some

## people are not 

### computer literate or do not own a 

### computer,how are 

### they suppose to know? She concluded that 

## maybe we need a " tell a 

### friend"

program. Bob 

### Cline,

## representative for 

### Duraflame,stated that he 

### would like 

### manufactured fire 

## logs to be added to Section 3.

1. 1 3 and 

### Section 3. 5 1. 

### Page 12Butte County Air

### Quality Management District

Board

### ofDirector's 

### Meeting Minutes DecemberYl,2008
PUBLIC HEARING:Closed at 12: 01 p. m. 

## Supervisor Yamaguchi stated that he wants to let the 

## public attending and this Board know that he is not 

## going to 

### support Item 6 on this 

## agenda. He 

## explained that the reason 

### why is because he thinks that 

### government should be incentive based and 

### should not be 

## punitive or 

## regulatory to the 

## point where 

### they 

## punish people for

### doing 

## something that was 

## legal one 

### day and makes them a criminal the next. He further 

## explained that his 

### community and the foothill 

### community have

### just come off a summer of extreme fire hazard 

### involving evacuations,which 

## happens each year. He stated that the issue of 

### individuals 

### being able to go out to the U. S.Forest Service lands and 

### get 2 or 3 cords of wood 

## helps to 

### get the fuel needed reduction and 

## helps to 

## regulate the threat to this 

## community. He 

### stated that he is for an incentive based program where there is outreach and the 

### ability 

## help people. He commented that this program hurts the poor and the 

### economically

## disadvantaged. He 

## emphasized that he cannot 

### support a law that is 

### only

## going to 

## punish the citizens of Chico and make them criminals while 

## everybody else is a law 

## abiding semi- boarder outlaw. He 

## suggested that one choice could be an incentive program to 

## replace old stoves.He asked the Board not create criminals but to create 

## willing 

## participation. He concluded 

### by 

## stating that he is not for either action one or two.
Councilmember White stated that a solution could be 

### by adding to Rule 

### 208,Section 

### 4,

### something to the effectthat "

this Rule shall not

### apply to any person in a

## high wood smoke areawhose source ofheat is wood 

### burning device 

## compliant with Rule 

### 207,Section 6. 1 ",which would mean that the rule would not

## apply to a person who has one of the EPA stoves.He stated that he does not have a 

### challenge with individuals who burn efficient 

### woodstoves,but he does have a 

### challenge with those who are 

## using older 

### technology or no 

## technology and are 

### literally belching 

## pollutants. He 

## explained that 

## although we have statistical data that shows that

### replacement won' t 

### work,

### looking at the 

## graphs and 

### by his calculations ifthe source in the winter is residential fuel 

## consumption at 4. 8112 tons per

### day,ifeveryone were 

### using an EPA 

### noncatalyst stove at 

### roughly 7 grams per hour times 24 hours a

### day,

## burning full 

### time,it would take 

### 20, 000 woodstoves 

### burning full 

### time to hit what is 

### currently showing as tons per 

### day of residential fuel combustion. He stated that he does not thinkthat there are 

### 20, 000 woodstoves 

### burning 24 hours a

### day in Butte 

### County. He concluded that he 

### thinks,as a 

## compromise,that 

## replacement might achieve the 

### desired 

## goals and still allow anyone who wants to to burn wood in their home to do so as 

### long as

## they have a stove that is 

## protecting their

### neighbors. 

## Supervisor Yamaguchi stated that the Board could allow for more 

### time,

## especially since the timeframe 

### by the EPA standards allows this Board to hold back. He further stated that instead of

## being regulatory next year,the Board could have a program 

### timeline of 5 or 8 years to show how the 

### District is 

## going to 

### get a reduction of these 

### belching woodstoves that are not EPA 

## approved. He stated that it would be a real 

### attempt,not atoken 

### attempt,to 

### get to where this Board wants to go. 

## Supervisor Dolan stated that 

## people are 

## saying to 

### get rid of the 

### belching woodstoves,she 

## explained that Butte 

### County does not have 

## belching woodstoves,

### they have

### fireplaces and woodstoves that are very nice in their own homes that 

### put

## particulate matter into the air and that are not

## healthy fortheir

## neighbors or

## people who are 

## trying to 

### breathe outside. She 

## explained that this is 

## going to be a 

### Chico Urban Area ban. She 

## expressed concern about comments received 

## regarding citizens that

## just don' t know about this program. 

### She 

## explained that in the summer of2008 this 

### Board decided to have a

## voluntary program forthe winter.



### Page 13Butte 

### CountyAir Quality Management District

Board 

### ofDirector's Meeting Minutes December ll,

2008
She stated that now 

### basically at the start ofwinter this Board is 

## considering a 

## mandatory program for next winter.She 

### expressed concern that the District has 

## stepped up 

## public information 

## regarding the 

### voluntary program and are now

### finding that it is not

## working and 

## people still do not know. She stated that

## people are not

## hearing,watching or 

### listening to the message that this Board and the District are 

### using to educate them. She stated that the Board and the District all share this burden that we are not 

## extensively reaching the 

## public with this information. She stated that she would like to do that first to measure if a 

## mandatory program is 

## appropriate. Supervisor Kirk asked ifsmoke would be visible if a resident was 

### using an EPA certified woodstove?
Gail Williams 

## replied no,butthat it would still be 

## contributing to the PM2. 5 issue. 

### Supervisor Dolan stated if she could have her dream she would do a 

## really good marketing 

## plan,which takes money,not

## just an idea and a

## hope. Mayor Fichter stated that it has been 

## bothering her ever since she received her

## packet,as has been 

## pointed out

## repeatedly,that this 

### mandatory program is 

### affecting 

## only the Chico Urban Area and 

### yet there are several members on the Board that are 

## making the decision for Chico when it does not affect our area. She concluded that she is uncomfortable with that.
Councilmember White 

## pointed out that she sits on a 

### countywide Board and that she has been 

## appointed from her area to 

### represent the 

### county as a

### whole,so in that way it becomes her area. 

### Mayor Fichter stated that she is aware ofthat. 

## Supervisor Dolan stated that if Chico does not clean up their air 

### during the winter it will affect the rest of the 

### county. 

## Supervisor Kirk stated that 

### Mayor Fichter had a 

## good point,and asked if anyone knew if the Chico 

## City Council,at some 

## point in their

## meetings,addressed the woodstove ban issue or issued a 

### report or

## provided

some kind of

## public education?
Luke Anderson stated that

### they had,iffact several times

## they have. 

### Supervisor Dolan asked if the Chico 

## City Council had addressed 

## specifically the 

## banning of woodstoves and

## fireplace burning?
Mr.Anderson 

## replied that it has come up within the 

### City Council 

## meetings. Supervisor Dolan stated that she has not 

### received a letter from the 

### Chico 

## City Council 

## requesting that the Butte 

### County Air

## Quality Management District Board to approve a

### mandatory program forthem.

Mr.Anderson stated 

### that the Chico 

## City Council 

## requested the 

### Sustainability Task Force to come up with a 

## proposal that if Butte 

### CountyAir

## Quality Management District's Board failed to introduce a

## mandatory ban Page l4Butte County AirQuality

### Management District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
the 

## proposal was to come back to the 

## City Council for 

### consideration. He 

### stated that it is 

### going to make

more sense for it to come from the Air 

### Quality Management District because that is where the 

### authority and the 

## expertise and all the rest of it is to 

### actually 

## implement this program and since

### they are 

## going to be 

## doing the work.
Vice 

### Mayor Johanson stated that he 

## agreed with 

### Mayor Fichter that Chico has every 

### right to ban wood 

### burning stoves in their

### city. He 

## explained that he would be more than 

## happy to have the 

### countywide Board assists those 

## jurisdictions that need 

## help in 

## enforcing their laws that 

## pertain to this Board. He further 

## explained that this 

## happens all the 

### time,such as when the Butte 

### County Association of Governments assists with 

## projects that the 

### City of Oroville writes and when the Chico 

## City Council 

## picks up many 

### environmental issues and he feels 

### they should be 

### addressing this one. He stated that the 

## City of Chico can

come back to this Board and he will 

## give them his vote to 

### assist them however this Board can to 

### obtain State money so the 

## city can enforcement their ban. He 

## explained that he has a hard time 

## approving this program when he is not elected 

### by the 

## people ofthe 

### City ofChico. He 

## explained that the U. S.EPA officer stated at the last Board 

### meeting that

### they will make a

## ruling in December and that we will have until March to make a 

### reply as far as where Butte 

### County stands or if we are able to 

## single out areas of our

## jurisdiction that are nonattainment.He 

### concluded that it will 

### basically come to a head in 2014.

Luke Anderson stated that meanwhile our children will be 

### living for another six years in 

### unhealthy air standards and this Board is 

### abdicating its 

## responsibility to address this health issue because you feel that you can stretch it out a little bit 

### longer. 

## Supervisor Kirk stated that it does not have to be 

### stretched out ifthis Board could receive a letter from the 

### City ofChico or ifthe 

### Sustainability Task Force directed to approve such a ban.


### Councilmember White stated that he hates to defend the 

## City ofChico on this but the Town ofParadise has been 

## requesting for a number ofyears that

### burning on the upper

### ridge be 

## substantiallychanged and has seen

no 

### results,so he can understand that

### the 

## City ofChico may be somewhat frustrated.

Mr.Anderson stated that it is hard to talk about the 

## City of 

### Chico without a 

### City of Chico 

## representative present and asked ifCouncilmember Gruendl was no 

### longer on the Board or

### just not here? 

## Supervisor Kirk stated that he could not make it

## today. Supervisor Connelly stated that he would like to make sure that there is a 

## generic mention 

## regarding the 

### wood 

## products that are not 

## specifically named in here. He stated that he is very 

### uncomfortable with not 

### having an 

## exemption for the clean 

## burning inserts and clean 

### burning woodstoves. He 

## explained that it is very 

### difficult to 

### support a

### mandatory 

## implementation considering the failure of

### communication,as has been 

## pointed out

### by the 

## public in many 

### different ways. He stated that in effectthis Board would make a law that will make citizens 

## criminally negligent and 

### they are not aware of it. He 

### concluded that 

## although he does not have the answer,he thinks 

### it would be 

### prudent to wait and 

### discuss how the Board and the 

### District can 

### communicate betterwith 

### the

## public before 

## considering a

### mandatory 

## regulation.

Page 15Butte 

### CountyAir Quality Managen2ent District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
Action 

### Requested:Following a Public 

### Hearing:

1. 

### Adopt 

## proposed amendments to Rule 

### 207,Wood

### Burning Devices. 2. 

### Adopt 

### proposed new Rule 

### 208,

### Mandatory Wood

### Burning Curtailment Periods.

Motion: 1.

### Adopt 

## proposed amendments to Rule 

### 207,Wood 

### Burning Devices with the addition of



### wording referring to manufactured wood in 3. 1. 1 3 and 

### adding a definition of manufactured wood to the wood 

### products section which will exclude 

### prohibited material.
AYES: 

## Supervisor Kirk,

## Supervisor Connelly,

## Supervisor Dolan ( 

## Seconded),

SupervisorJosiassen, 

### Mayor Fichter,Vice 

### MayorJohansson,Councilmember

### Arnold, Councilmember White ( 

## Motion) NOES: 

## SupervisorYamaguchi ABSTAIN: None ABSENT: Councilmember Gruendl 

## Supervisor Kirk stated that she thinks that we need to do more

### voluntary program 

### outreach,find more ways to 

### replace older stoves and

## provide more 

### education. She further stated that she would like to receive a letter from the Chico 

### City Council that 

### requests this Board to 

## adopt a

### mandatory program for the 

### City ofChico. 

## Supervisor Dolan stated that she has never received any official information from the 

## City of Chico 

### providing direction to this Board.
Jim 

### Wagoner stated that he briefed the 

### City Manager and staff 

## including an individual from the 

### Sustainability Task Force 

## yesterday regarding these items and that

### they will 

### shortly 

## provide the Task Force recommendation to the council and that it will 

## probably include a 

### request to this Board to take measures such as this. He stated that he 

### believes the 

### request will be forth 

### coming. 

## Supervisor Dolan 

### suggested that the Board should ask for a letter and that way it will be 

### abundantly clear to this 

### Board,to everyone and to our

### colleagues that the elected 

### body forthe 

### City ofChico wants it.


### Councilmember White stated to add " at this 

### time",

and " 

### request officially input from the 

## City of Chico on this 

## Agenda Item" to the motion. He stated that this then does not 

## preclude them from 

### bringing it back in the future. 

### Supervisor Connelly stated that his second stands.



### Page 16Butte 

### Cou~ ztyAir

### QualityManagement District Board

### ofDirector's Meeting Minutes December I1,2008
Motion: 2.Decline to 

### adopt 

## proposed new Rule 

### 208,

### Mandatory Wood 

### Burning Curtailment Periods

at this time and 

### request official 

### input from the 

### City of Chico.
AYES: 

## Supervisor Kirk,

## Supervisor Connelly ( 

### Seconded),



## Supervisor Dolan,

## SupervisorJosiassen, 

## SupervisorYamaguchi,Mayor Fichter,Vice 

### Mayor Johanson,Councilmember

### Arnold, Councilmember White ( 

### Motion) NOES: None ABSTAIN: None ABSENT: Councilmember Gruendl

7. Consider 

### recommending the 

## proposed ordinance forwood 

### burning devices.
Jim 

### Wagoner,Air Pollution Control 

### Officer,summarized the information 

## regarding the model ordinance recommended for

## potential adoption and 

## implementation by local 

## municipalities and the 

### county.
Action 

### Requested:Recommend the 

## proposed model ordinance forwood 

### burning devices.

Motion: Recommend the 

### proposed model ordinance forwood 

### burning devices.
AYES: 

## Supervisor Kirk,

## SupervisorConnelly,Supervisor Dolan,

## Supervisor Josiassen ( 

### Motion), 

## SupervisorYamaguchi,Mayor Fichter,Vice 

### MayorJohansson, Councilmember Arnold ( 

## Seconded),

Councilmember White NOES: None ABSTAIN: None ABSENT: Councilmember Gruendl

8. 

### Report on 

### option for Alternate 

### City 

## Representatives on the Butte 

### County Air 

### Quality 

### Management District

### Governing Board< 

### Greg Einhorn,District 

### Counsel,

## prepared the 

## legal opinion that alternates on the Butte 

### County Air 

## Quality Board are not 

## permitted pursuant to the Health and 

### Safety Code and that 

## legislation would need to be 

## pursued to allow for alternates.


### Councilmember Arnold stated that he 

## recognizes that the Board has one 

### attorney's 

## opinion, however 

## perhaps ifanother

### attorney's 

## opinion were 

## requested if

### would be a different

## point ofview.
Councilmember 

### White stated that he was 

## opposed to this in the 

### past because it does not 

### give equal 

## representation.
Councilmember Arnold stated that it

## gives 

## representation to 

## city

## appointees at times when

## they would have

no 

## representation. He 

## explained that in the law 

### that the 

### attorney is 

### referencing it does not state 

### that " thou 

### shalt not have alternates". He 

### further

## explained that some counties have them 

### and others do not. He stated that the 

### League of

### California Cities has never had this 

## proposal before 

### them at all. He 

### further stated that if this Board decides not to have alternates that is

### okay,but he felt that

## they should at least 

### requestthat 

### Page 17Butte CountyAir

### QualityManagement District

Board

### ofDirector's Meeting Minutes December ll,

2008
counsel 

## approach the State and 

### try to 

### change the law.He 

### stated that if a

### city does not have a

### representative here then that 

### city does not have 

## representation or a

### vote,however the Board of

## Supervisors have the whole Board 

### present and if a 

## representative is not able to attend the 

### county is still 

## represented. He stated that he feels very

### strongly about this.


### Councilmember White stated that he feels 

### strongly that cities 

### should 

### appoint members that can 

### attend 

## meetings. He 

## explained that each 

## city in the 

### county is in one of these 

## supervisor's districts and can 

### certainly communicate with their

## supervisor any concerns or 

### issues that are of

## importance. He stated that if

a

## Supervisor is unable to attend that

## supervisor's district is 

## unrepresented and those 

## people,if

### they are in an 

## unincorporated area,at that 

## point have no 

## representation. He further 

### stated that if

### city 

## representatives are unable to attend 

## they would have 

### hopefully 

## spoken with their district 

### supervisor. He 

### concluded that he feels that if a 

### city 

## representative is 

## appointed to the 

### Board 

### they should attend 

### and if

### they cannot do it

### they should 

## appoint someone who can. 

## Supervisor Dolan stated that she 

## appreciated that statement because if a

## supervisor is not in attendance then their district does go 

## unrepresented. She 

## explained that the Board of

## Supervisors does not decide what the Board vote is at Air 

### Quality. She further

## explained that the 

### supervisors serve here as a member ofthe Air 

### Quality Board and do not have an alternates. She stated that she is 

### concerned that at times there are quorum issues because Board members are all very 

### busy

## people and may not be able to attend every

## single meeting. She further stated that it seems clear that the Health and 

### Safety Code does not allow alternates and that there needs to be an amendment to it in order for alternates to sit on this Board. She 

### concluded 

### by stating that there is an 

## inequity,because if she cannot 

### attend,with all due 

### respect to her other 

### colleagues,she does not have 

## representation. Mayor Fichter stated that she would like to 

## respond regarding Councilmember White's statement that ifyou take on a

## job you should do that

## job,by

## saying that you cannot 

### always do that. She further stated that this is the 

### only Board that she 

### represents that she does not have an alternate.She stated that she has been 

### faithful but would like to see an alternate and 

### requested that the Board to do whatever needs to be done to make this 

## happen.
Action 

### Requested:Receive 

### report and 

## provide direction to staff as 

## appropriate.
Motion: Pursue 

## legislation to have an alternateo
AYES: 

## SupervisorConnelly,

## SupervisorJosiassen,

## SupervisorYamaguchi,Mayor Fichter ( 

### Motion), Vice 

### MayorJohanson,Councilmember Arnold ( 

## Seconded) NOES: 

## Supervisor Kirk,

## Supervisor Dolan,Councilmember White ABSTAIN: None ABSENT: 

### Councilmember Gruendl


### Motion passes (



### 6 affirmative votes

## required to pass a

### motion)

Page 18Butte 

### CountyAir

### QualityManagement District

Board

### ofDirector's Meeting Minutes December 11,2008
9. Status 

### report on 

## potential amendments to 

### non- agricultural burning 

## requirements including residential open 

### burning standards and 

### permits.
Action 

## Requested:Receive 

### report and 

### provide direction to staff as 

### appropriate.
Board 

## requested to carryover this item to next 

### meeting due to time 

### constraints.
10. Consider

## approving amended Carl 

### Moyer Program Policies and Procedures 

### Manual, 

### Application and 

### Funding Agreement and 

### authorizing 

## application forYear 11 Carl 

### Moyer funds. 

## Supervisor Dolan stated that she wanted to let the 

## public know that if this were enacted the DMV 

### grant funds that were used 

### previously for the Bus 

### Program,

### Gridley Ethanol 

## project,Butte 

### College,

## paved roads, and 

### Spare the Air program will not be funded.
Gail Williams stated that those funds would be used for the Carl 

### Moyer program because Butte 

### County would receive double the money this way. She 

## explained that funds would be used for on road 

## replacements and 

## agricultural equipment.
Action 

## Requested: 1. 

### Approve Resolution A:

### Approve Amended Carl 

### Moyer 

### Program Policies and Procedures 

### Manual,

### Application and 

### Funding Agreement,and 2. 

### Approve Resolution B:Authorize the 

## application for California Air Resources Board Year 11 Carl 

### Moyer Memorial Air

### Quality Standard Attainment 

### Program Funding.
Motion: 1. 

### Approve Resolution A:

### Approve Amended Carl 

### Moyer 

### Program Policies and Procedures 

### Manual,

## Application and 

### Funding Agreement,and 2. 

### Approve Resolution B:Authorize the 

### application for California Air Resources Board Year 11 Carl 

### Moyer Memorial Air 

### Quality Standard Attainment 

### Program 

### Funding.
AYES: 

## Supervisor Kirk,

## SupervisorConnelly,

### Supervisor Josiassen ( 

## Seconded), 

## SupervisorYamaguchi ( Motion),

Mayor Fichter,Vice 

### MayorJohansson, Councilmember Arnold NOES: 

## Supervisor Dolan,Councilmember White ABSTAIN: None ABSENT: 

### Councilmember Gruendl
Motion passes (



### 6 affirmative votes 

## required to pass a

## motion)

11. Other Business.
None

Page 19Butte 

### CountyAir

### Quality Management District

Board

### ofDirector's 

### Meeting Minutes December 11,2008
12. Public Comment Period.
None
13. ADJOURNMENT:12: 38 a.

m.

W.J es ag 

## er,Air Pollution Control Officer

I hereby attest that this is a true and correct copy ofthe action taken by the Butte County Air Quality Management District Board of Directors

### ontil2e~

cember I1,

2008.
ATTEST: ~"~~~~ .: ~ ~ i ° r~ `. ~ ~~-! ~~

Patricia J.Cummir , Clerk ofthe Governing Bo rd



### Page 20