Agenda Item 5

1 FEATHER RIVER AIR QUALITY MANAGEMENT DISTRICT

MEMORANDUM

02/03/2014

TO: FRAQMD BOARD OF DIRECTORS

FROM: Christopher D. Brown, AICP, APCO

SUBJECT: Approve the adoption of Resolution #2014-02 directing the APCO to submit Rule 3.17 Wood Heating Devices to the U.S. Environmental Protection Agency as a

revision to the California State Implement ation Plan.

DISCUSSION:

This is an administrative action only and the adopt ion of Resolution #2014-02 only directs staff

to submit current District rules to the U.S. Environmental Protection Agency (EPA) and does not adopt or implement new c ontrols on local sources.

EPA has requested that any District rule that contro ls emissions of directly emitted fine particle pollution (PM2.5) or its precursors to be subm itted as a revision to the California State Implementation Plan (SIP). Ru le 3.17 also achieved emission reductions that assisted the Yuba City-Marysville Nonattainment area in atta ining the 24-hour PM2. 5 national ambient air quality standard (NAAQS) and theref ore should be submitted as a revision to the SIP.

Rule 3.17 was last amended on Oc tober 5, 2009. The rule cont rols emissions of PM2.5 by setting emission and performance standards fo r newly installed resi dential wood heating devices such as wood stoves and fireplaces. The rule also prohibits the burning of unseasoned wood and prohibited materials (a s defined in District Rule 2. 0 section E.15) or any other material not intended by the ma nufacturer for use in a wood heating device. The rule also established a voluntary program to curtail wood burning when conditions are projected to

cause an exceedance of an air quality standard.

When Rule 3.17 was amended in October 2009 t he resolution adopting the rule did not specifically direct District staff to submit it to the EPA as a SIP revision. The resolution must

direct staff to send the Rule as a SIP revision, thus the sta ff have prepared another resolution and the District is holding anot her public hearing, which are only administrative and do not result in any new rules or controls.

The District published a public noti ce of the hearing on January 3, 2014, in the legal section of the Appeal Democrat. The notice invited public comment on the SIP submittal. The District also published the notice on its webpage.Agenda Item 5

2 The District is excluding portions of Rule 3.17 from the SIP submittal because they contain

director’s discretion or vol untary measures that would not be approved in a federally

enforceable SIP Rule. The sections to be excluded are sections E.8 and F.2. Excluding these sections would not change how the District implements this Ru le locally. All portions of the Rule would still be in effect locally. However, once the Rule is approved as a SIP revision, then it would also be Federally enforceable.

Section E.8 defines the term “unseasoned wood” and allows director’s discretion to approve

other test methods outside of ASTM method D4442-92 to dete rmine percent moisture. The District has never used this compliance option; therefore excluding this section of the Rule should not have any impact on emissions or enforcement of this Rule.

Section F.2 provides a compliance option ye t does not list the test method to determine emission standards. EPA has requested that this section be excluded from the SIP submittal

until such time as the District revises Rule 3.17 and can provide a list of approved test methods. Staff have never impl emented this compliance option locally and agrees with EPA’s
request.

The approval of Resolution #2014-02 would allow Di strict staff to submit Rule 3.17 to the EPA and support the Maintenanc e Plan and Redesignati on Request for the Yuba City-Marysville

PM2.5 Nonattainment Area.

Resolution #2014-02 has been included as Attachm ent A. Rule 3.17 has been included as Attachment B. A copy of t he public hearing notice has been inclu ded as Attachment C. A list of public comments received as of January 27, 2014, has been included as Attachment D.

FISCAL IMPACT:

There are no expected fiscal impacts as th ere are no proposed amendments to Rule 3.17.

RECOMMENDATION:

Approve Resolution #2014-02 dire cting the APCO to submit Rule 3.17 Wood Heating Devices to the U.S. Environmental Protection Agen cy as a revision to the California State Implementation Plan.Agenda Item 5

Attachment A: Resolution 2014-02Agenda Item 5

Attachment B: Rule 3.17 Wood Heating Devices (10/05/09)Agenda Item 5

Attachment C: Public Notice 01/03/2014Agenda Item 5

Attachment D: Public Comments