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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, City ofBiggs

Mayor, City of Gridley

Vice Mayor, City of Oroville

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 Quality Engineer

Armen Kamian AQ Compliance Specialist II

Greg Einhorn District Counsel

Members Absent

Scott Gruendl Councilmember, City of Chico

Patricia Cummings Clerk of the Board

Others Present

Marc Albert KZFR

Richard Alloway PPPOA, URFSC, URCC

Luke Anderson Chico Healthy Air Alliance

Vicki Artzner Member of the Public

Marne Bass HBI

Jeff Bethell Member of the Public

John Buras Clean Flame

Richard Burgi Member of the Public

Bob Cline Duraflame

Christina Craven KPAY & ALAC

Diane J. Davidson Member of the Public

Nancy Evens Member of the Public

Ken Fleming Member of the Public

William H. Gibbs Member of the Public

Vicki Gillett Member of the Public

Howard Hammon Member of the Public

Agenda Item 5.1
Butte County Air Quality Management District

Board ofDirector'sMeeting Minutes

December 11, 2008

Others Present Continued

Robin Huffman Member ofthe Public

Earl Keene Member ofthe Public

Dave Kilbourne Member of the Public

Bob Langan Member of the Public

Dr. Mark Lundberg BC Public Health Dept.

Tanha Luvaas Member of the 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 of the Public

Member of the Public

Member ofthe Public

Member ofthe Public

Member of the Public

Enterprise Record

Member of the Public

Member of the 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 of service as the District'srepresentative 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 of the October 23, 2008 meeting of the Board of Directors.

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Board ofDirector'sMeeting 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 of Health 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), Supervisor Josiassen,

Supervisor Yamaguchi, Mayor Fichter (Motion), Vice Mayor Johanson,

Councilmember Arnold, Councilmember White

NOES: None

ABSTAIN: None

ABSENT: Councilmember Gruendl

Regular Agenda

5. Items removed from the Consent Agenda for Board consideration and action.

4.1 By consent, approve minutes ofthe October 23, 2008 meeting of the Board of Directors.

Councilmember Arnold requested that Mayor Busch'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'sSenior 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.

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Board ofDirector'sMeeting Minutes

December 11, 2008

Councilmember White requested a definition of what 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 District website 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 of heat and when power outages occur.

Gail Williams stated that those rule exemptions are correct.

Supervisor Kirk asked if Sacramento'sparticulates 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 possibly spread throughout 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 staff based 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 if it is a "No Burn Day".

Supervisor Josiassen asked if a study has been conducted regarding different types of fuel sources and if

some are better than others?

Gail Williams stated that yes such a study has been done and some are better than others. She further stated

that when you have a "No Burn Day" it does not matter which type of fuel is used, because the air quality is

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Board ofDirector'sMeeting 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 that that work is primarily public 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'sMasonry 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 of these 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 of the county'sstoves are

from 1970 to 1995 and are producing the biggest amount of the 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 felt that the District just needed to come at it differently instead of restricting burning.

Supervisor Kirk asked Ms. Van Ness that ifthe 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

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Board ofDirector'sMeeting 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 that the District has done 3 years of rebates working with Lambert'sMasonry.

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 of the rule, and second, in paragraph 3.15.to mention manufactured fire logs as atype of fuel 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 of the Federal Health Standard and compared it to the days

when Air Advisories were issued, and of the last 18 days, 12 of those 18 days were over 30 micrograms per

cubic meter. He further stated that 8 of those 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 of those

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 3 8 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 of heat. He stated that everyone agreed that it was a

good idea for the 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 off the 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 currently being offered.

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Board ofDirector'sMeeting 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 of this month partly because of the 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. DS. 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 by producing

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 of wood 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'thave 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 why there 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 guy with 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 for the public to access this information on the website

is in progress and that the data is not lost.

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Board ofDirector'sMeeting Minutes

December Il, 2008

Mr. Sbragia asked what the range of the 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 of what 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 for those 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 of all 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 over the 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 other than time factors?

Gail Williams stated they can only tell 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 of talk 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

consider that when they make their decision.

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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 a woodstove if this is the way

it is going? He further stated that if you 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'tbreathe 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 if there 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 if you 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

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Board ofDirector'sMeeting 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'sheart

condition. She further stated that she is really pleased to hear that 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 of the

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 if she 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 that the Board will take the high road by doing 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'srights and

cares about everyone'shealth as well as his own and that he also has allergies. He stated that his neighbor

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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'srights, 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 that the 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 meteorology working 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 of the Chico Enterprise Record told her not to give up on them. She

stated that they have had it in there about half the 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 if the "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 if there is heavy fog it

could make the PM lower.

11:45 a.m. Councilmember White departed.

11:47 a.m. Councilmember White returned.

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Butte County Air Quality Management District

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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 paper that 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 of those

concerns is the location of the monitor and its accuracy, another is that people are fearful that wood burning

will be stopped altogether and last of all 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 a faction of their 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 of the 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 if the Board

wants to stimulate the economy they should keep doing what they are doing because the health sector of the

economy is being stimulated. He concluded stating that he would encourage the Board to consider voting

for these 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 a ticket 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'tlisten 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. 11. 3 and Section 3.1.5

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December Yl, 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

effect that "this Rule shall not apply to any person in a high wood smoke area whose source of heat 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'twork, looking at the graphs and by his calculations if the source in the winter

is residential fuel consumption at 4.8112 tons per day, if everyone 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 think that 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 a token 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 for their 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 of 2008 this Board decided to have a voluntary program for the winter.

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Butte County Air Quality Management District

Board ofDirector'sMeeting Minutes

December ll, 2008

She stated that now basically at the start of winter 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 if smoke would be visible if a resident was using an EPA certified woodstove?

Gail Williams replied no, but that 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 of that.

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 for them.

Mr. Anderson stated that the Chico City Council requested the Sustainability Task Force to come up with a

proposal that if Butte County Air Quality Management District'sBoard failed to introduce a mandatory ban

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Board ofDirector'sMeeting 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 of the City of Chico. 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 if this Board could receive a letter from the

City of Chico or ifthe Sustainability Task Force directed to approve such a ban.

Councilmember White stated that he hates to defend the City of Chico on this but the Town of Paradise has

been requesting for a number of years that burning on the upper ridge be substantially changed and has seen

no results, so he can understand that the City of Chico 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 if Councilmember 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 effect this 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 better with the public before considering a mandatory regulation.

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Butte County Air Quality Managen2ent District

Board of Director'sMeeting 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. 11. 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), Supervisor Josiassen,

Mayor Fichter, Vice Mayor Johansson, Councilmember Arnold,

Councilmember White (Motion)

NOES: Supervisor Yamaguchi

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 of Chico.

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 for the City of Chico 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.

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Butte Cou~zty Air Quality Management District

Board ofDirector'sMeeting 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, Supervisor Josiassen,

Supervisor Yamaguchi, Mayor Fichter, Vice Mayor Johanson, Councilmember Arnold,

Councilmember White (Motion)

NOES: None

ABSTAIN: None

ABSENT: Councilmember Gruendl

7. Consider recommending the proposed ordinance for wood 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 for wood burning devices.

Motion: Recommend the proposed model ordinance for wood burning devices.

AYES: Supervisor Kirk, Supervisor Connelly, Supervisor Dolan, Supervisor Josiassen (Motion),

Supervisor Yamaguchi, Mayor Fichter, Vice Mayor Johansson,

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 if another attorney'sopinion were requested if would be a different point of view.

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 request that

Page 17
Butte County Air Quality Management District

Board ofDirector'sMeeting 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 of the 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'sstatement 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: Supervisor Connelly, Supervisor Josiassen, Supervisor Yamaguchi, Mayor Fichter (Motion),

Vice Mayor Johanson, 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)

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Butte County Air Quality Management District

Board ofDirector'sMeeting 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 for Year 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, Supervisor Connelly, Supervisor Josiassen (Seconded),

Supervisor Yamaguchi (Motion), Mayor Fichter, Vice Mayor Johansson,

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

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Butte County Air Quality Management District

Board ofDirector'sMeeting 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 of the action taken

by the Butte County Air Quality Management District Board of

Directors ontil2e~cember I1, 2008.

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

Patricia J. Cummir , Clerk of the Governing Bo rd

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