# Alaska Department of Environmental Conservation

Amendments to: State Air Quality Control Plan

Vol. III: A ppendix III.D.5.3

{Appendix to Vol ume II. Analysis of Problems , Control Actions; Section III. Area- wide Pollutant Control Program; D. Particulate

Matter; 5. Fairbanks North Star Borough PM2.5 Control Plan }

Adopted

Sept ember 7

, 201 6

Bill Walker Governor

Larry Hartig Commissioner(Thi s page serves as a placeholder for two

- sided copying)

## Appendix III.D.5.3

Non

- Attainment Area Boundary(Thi s page serves as a placeholder for two

- sided copying)ADEC be lieves there are two options available to allow for the time needed to make an informed boundary decision. First, EPA could use the extension provided under the CAA Section 107(d)(1)(B)(i), where the designation period can be extended for up to one year if the Administrator needs addition al information. This would allow data from this winter’s effort to be submitted and considered in the boundary decision. Resolutions supporting this position have been made by the Fairbanks North Star Borough 

## Fairbanks

The nonattainment boundary proposed by EPA for Fairbanks encompasses an area that is substantially larger than the nonattainment area recommended by the state. Presented below is a summary of local data that adds to and correct EPA’s Technical Analysis for the Fairbanks, Alaska Nonattainment Area. This information serves to support a modified nonattainment area boundary that differs from both ADEC’s original recommendation and EPA’s proposal. A revised nonattainment boundary is included for

co nsideration. We believe this boundary is appropriate, defensible, and based on the best local data currently available. The new data include updated emissions, monitoring data from the past winter, particulate matter monitoring data from the local milita ry bases, additional meteorological analyses, and updated population and growth information.

Should EPA determine that these additional data do not support the modified boundary, ADEC encourages the consideration of options that allow for additional dat a to be included. ADEC and the Fairbanks North Star Borough have initiated an extensive monitoring program for this coming winter that w ill provide insight into source- specific contributions as well as the size and extent of the area exceeding the 24 -hour PM 2.5 standard. This $2.64 million dollar effort is underway and will generate significant new data over the next winter that would inform a final boundary based on meaningful and real data, not supposition. In addition, EPA is engaged in a PM 2.5 modeli ng research program in the Fairbanks area that will also inform the decision process. ADE C requests that EPA consider these data in defining a technically supported boundary that can be justified to the public

.

1 , the Fairbanks Metropolitan Area Transportation System 2 , the City of Fairbanks 3

, the Pollution Control Commis sion 4

1 Fairbanks North Star Borough, Resolution 2008
– 37, A Resolution a One

- Year’s Extension to EPA’s Final Designation Decision of the PM 2.5 Nonattainment Boundaries in the Fairbanks Banks North Star Borough, adopted 10 /09/08

2 Letter from Steve Titus, FMAT Chair to EPA Docket No. EPA

- HR

- OAR

- 2007

- 0562, Subject “Comments on EPA Responses to State and Tribal 2006 24

- Hour PM 2.5 Designation Recommendation”, September 17, 2008

3 City of Fairbanks Resolution No. 4341, A Resol ution Requesting the Environmental Protection Agency Delay Any Designation of the Fairbanks North Star Borough as a PM 2.5 Nonattainment Area for at Least One Year, approved September 22, 2008

4 Letter from Chuck Machetta, Chairman PCC to EPA Docket No. EPA

- HR

- OAR

- 2007

- 0562, Subject “Comments on EPA Responses to State and Tribal 2006 24

- Hour PM 2.5 Designation Recommendation”, September 19, 2008 (to minimize the size of this document, these references will be submitted in a separate zip file, entitled Fairbanks Resolutions). A letter from theMayor of Fairbanks to EPA also requested an extension. 5



### Factor 1: Pollutant Emissions Second, EPA could consider and implement the proposal by ADEC to set a smaller boundary now and then expand the boundary in the future, if warranted, based on the data collected this winter. This would allow for timely initiation of t he air quality planning process, but still recognize the uncertainty in the scope of the problem and sources involved.

The estimated annual emissions for the Fairbanks North Star Borough for calendar year 2005 are shown in Table 1 . Emission sources are located primarily in the pop ulated areas of the borough; h owever , there are two notable source categories that are either naturally occurring or not focused inside the urban areas. These sources are wildfire emissions, whic h dominate emissions overall in the area source category, and dust from unpaved roads, which dominate the particulate matter emissions in the non-road mobile source category. Neith er of these sources, however, is active during the winter months when high concentrations of PM 2.5 occur.

Table 1 Summary of Fairbanks Emissions in 2005 (tons/year)

Source Category VOC NOx SO 2 PM 10 _PRI PM 2.5 _PRI NH 3 CO

Point 67 5,829 4,565 460 NA NA 1,087

Area 4,473 1,872 1,055 7,523 6,444 337 76,433

Mobile

- Onroad 1,160 2 ,218 161 71 56 55 14,510

Mobile

- Nonroad 1

, 241 543 34 19

, 245 3

, 398 0 6144

Total Emissions 6 , 941 10 , 462 5 , 815 27 , 299 9 , 898 392 98 , 174

Tables summarizing the detailed data for each source category are included as Attachment A.

Due to a data error, the re has been confusion regarding the location and number of point sources within the Fairbanks North Star Borough and EPA’s proposed non attainment boundary. In order to clarify this, T able 2 provides a summary of the permitted major facilities that are actually located and oper ating within EPA’s proposed non attainment boundary and their reported actual emissions for calendar year 2005.

5 Letter from Jim Whitaker, Major of Fairbanks to Robert Myers, Principal Deputy Assistant Administrator, Office o f Air and Radiation, Subject “PM 2.5 Boundary”, September 12, 2008Table 2 Reported Emissions in 2005 from Permitted Major Facilities Within EPA’s Proposed Nonattainment Boundary (tons per year) Facility VOC NOx SO 2 PM 10 _PRI CO Aurora Energy LLC Chena Power Plant 0 629 248 353 459 Flint Hills Resources Alaska, LLC North Pole Refinery 35 215 13 15 33 Golden Valley Electric Association North Pole Power Plant 2 3,604 3,019 50 14
Golden Va lley Electric Association Zehnder Facility 1 28 24 0 1
US Air Force Eielson Air Force Base 21 367 281 8 125 US Army Fort Wainwright 6 471 697 14 262 University of Alaska Fairbanks Campus Power Plant 2 509 280 7 187 Wilder Construction Company Asphalt P lant * 0 6 3 13 6
Total Point Source Emissions 67 5,829 4,565 460 1,087

* Asphalt plant does not operate in winter when violations occur

Alyeska TransAlaska Pipeline Pump Station #8 is no longer a major point source inside the Fairbanks North Star Borough. Pump Station #8 was placed in standby June 30, 1996 and its air quality permit was rescinded in April 2008. Figure 1 shows that the following facilities are not located within either the Fairbanks North Sta r Borough or EPA’s proposed non attainment are a:

**•** Alyeska TransAlaska Pipeline Pump Station #9 – Located near Delta Junction, 105 miles from Fairbanks ; and

**•** GVEA Healy Power Plant – Located in Healy, Alaska, approximately 100 miles south of Fairbanks.

Further information on the TransAlaska Pipeline pump stations may be found on the Alyeska Pipeline Service Company web site at http://www.alyeska

pipe.com/PipelineFacts/PumpStations.html

In a separate submission (t o minimize the size of this document, the memorandum will be submitted in a separate zip file entitled “Eielson Memorandum” , the attachments to the memorandum will be in a separate zipped file entitled “Eielson Attachments” ) Eielson Air Force Base provides data demonstra ting that the principal source of emissions at the base is the Central Heat and Power Plant (CHPP). The 2007 values presented in that submission are quite similar to those presented in Table 2 and reflect the benefits of the recently installed full

- stream bag houses. A comparison between the NOx and SO 2 values emitted by the CHPP and the totals presented in Table 1 show its share of precursor emissions to be below 5% for both pollutants. For the one- year period between June 2007 and May 2008, data submit ted for the Blair Lakes Range Facility, a trainingFigure 1
Loc ation of Perm itted Facilities Outside of F airbanks North Star Borough Boundary

range located approximately 23 miles south of Fairbanks, showed emissions of 4.6 tons of PM 10 and 35 tons o f SO 2 . The range’s share of the totals presented in Table 1 is well below 1% for both pollutants. Additional information on winter training activity within both the Blair Lakes and Stewart Creek Ranges found that low level sorties (i.e., those most likely to impact ambient concentrations of PM 2.5 ) are flown at a rate of approximately one sortie every four days. Both facilities are located approximately 25 miles from Fairbanks.

A submission from Fort Wainwright ( to minimize the size of this document, the memorandum will be submitted in a separate zip file entitled “Wainwright Letter” ) provides information on winter activity within two training areas located to the south of the Tanana River: the Tanana Flats Training Area (TFTA) and the Yukon Training Are a (YTA). While no estimate of emissions is provided, the information demonstrates that winter activity within these facilities is extremely limited.

Summary – Source- specific emission estimates show that area and nonroad sources are responsible for 99% of directly emitted PM 2.5 and that point sources are responsible for 79% of the SO 2 and 56% of the NOx emitted in Fairbanks. A summary of major permitted facilities showed that two facilities are not located within the Fairbanks North Star Borough or EPA’s proposed nonattainment area. Data presented for Eielson AirForce B ase showed that it is responsible for less than 5% of the NOx and SO 2 emitted within the Borough. Data provided for military training ranges located to the south of Fairbanks showed ver y limited activity during winter months.



### Factor 2: Air Quality Data

ADEC has prepared several analyses of the PM 2.5 monitoring data collected in Fairbanks ; this information was referenced in the State’s nonattainment recommendations to EPA

. Th e analysi s documented temporal trends (i.e., summer versus winter) between 1999 and 2007, relations between PM 2.5 and individual chemical species , and used Positive Matrix Factorization (PMF) to assess source significance. All of the insight , however, was based

on data collected at a single monitoring site in downtown Fairbanks. Recently, three sources of data were obtained that provide the first insight into the spatial extent of elevated concentrations :

**•** Data from a monitoring program conducted at Eielson Air Fo rce Base between June 2004 and September 2005 6 ;

**•** Data from a monitoring program conducted at Fort Wainwright between February 2003 and January 2004 7 ; and

**•** Monitoring data collected by the Borough this past winter at multiple sites within Fairbanks.

Presen ted below is a brief summary of findings from each new data source.

The Eielson monitoring program collected measurements of SO 2 , NO 2 , CO, ozone PM 10 , and PM 2.5 , as well as meteorological data on base, between June 2004 and September 2005. The 24-hour PM measurements were collected on a 1

- in -6-day schedule with R&P Partisol 2000 filter samplers using a size

- selective inlet. A comparison between the winter values collected at the base and FRM values from the Fairbanks downtown monitor on the sa me dates is presented in Table 3 . It shows that on the days sampled between December 2004 and February 2005, all recorded concentrations were in the single digits, except for February 3, 2005, when values ranged between 11.1 and
11.3 μg/m 3 . More importantly, on day s when exceedances were recorded at the downtown monitoring site (highlighted in red ), the values recorded at Eielson remained uniformly low. Based on these measurements, it appears that the emission levels at Eielson are insufficient to cause an exceedance of the ambient PM 2.5 standard even on days when high concentrations were recorded in downtown Fairbanks.

6 Eielson Air Force Base Air Monitoring Program Annual Data Report, June 2004
– September 2005, prepared for the U.S. Air Force & Army Corps of Engineers by Hoefler Consulting Group, March 2006.

7 Data Report for the Fort Wainwright Air Monitoring Network, Reporting Period, February 2003
– January 2004, prepared for Commander U.S. Army Center for Health Promotion and Preventive Medicine

Field Office Alaska by Battelle Eastern Science and T echnology Center.Table 3 Comparison Between Eielson and Downtown Fairbanks PM 2.5 Monitor Values
Recorded During the 2004/2005 Winter (ug/m 3 )

Date Eielson Moni tors
Downtown FRM Difference (downtown

- main) Main Co

- located

12/05/04 3.7 Invalid 21.1 17.4
12/11/04 4.1 Invalid 38.1 34.0
12/17/04 4.7 7.8 14.4 9.7
12/23/04 2.9 1.8 4.1 1.2
12/29/04 Invalid 7.4 31.9 24.5 *

1/4/05 5.8 5.7 4.7

- 1.1
1/10/05 6.9 9.5 28.9 22.0
1/16/05 5.0 7.9 40.6 35.6
1/22/05 6.1 6.6 32.7 26.6
1/28/05 8.8 8.8 29.2 20.4
2/3/05 11.3 11.1 60 48.7
2/9/05 7.9 7.8 23.8 15.9
2/15/05 4.6 5 15.7 11.1
2/21/05 6.9 6.7 34 27.1
2/27/05 3.7 3.3 6.1 2.4

* Downtown minus co

- located

The For t Wainwright monitoring program collected measurements of SO 2 , NO 2 , CO,
PM 10 , and meteorological data on base between February 2003 and January 2004. Measurements were collected at two locations —north and south of the primary source of emissions on the in stallation, which is a single coal -fired central heat and power plant (CHPP). The 24- hour PM measurements were collected on a 1

- in -3-day schedule using a Tisch Environmental Model TE-6070 PM 10 High Volume Air Sampler with a size selective inlet. A compar ison between the winter values collected at the base and FRM values from the downtown monitor on the same dates is presented in Table 4.

While the values collected on base represent PM 10 concentrations, which could be biased high for the purposes of PM 2 .5 , they are considered to be representative of PM 2.5 levels because the primary source of larger particles, fugitive dust, is not a contributor when the ground is frozen and covered with ice and snow. A review of the data shows that no exceedances of the ambient PM 2.5 standard were recorded during the winter months represented. It also shows that when an exceedance was recorded at the downtown monitor, the values at the base were almost 40 μg/m 3 lower. The data show that although concentrations are elev ated relative to those observed at Eielson (for different dates), they are well below the ambient PM 2.5 standard. Thus, it appears that emissions on the base are insufficient to produce concentrations exceeding the ambient PM 2.5 standard even under condit ions that cause exceedances at the downtown Fairbanks monitor.Table 4 Comparison Between PM 10 Measurements at Fort Wainwright and PM 2.5 Measurements at Downtown Fairbanks Between February 2003 and January 2004 (ug/m 3 )

Date Fort Wainwright Monitors
Do wntown FRM Difference * North South

2/2/03 25.86 24.60 32.5 7.27
2/5/03 4.62 5.86 9.2 3.96
2/8/03 13.16 12.99 15.2 2.13
2/11/03 4.37 0.50 6.2 3.77
2/14/03 3.68 3.84 6.7 2.94
2/17/03 3.32 9.15 13.2 6.97
2/20/03 18.49 16.18 18.3 0.97
2/23/03 20.44 33.05 22.4

- 4.35
2/26/03 22.36 21.75 22.8 0.75
12/05/03 9.76 11.34 30.1 19.55
12/11/03 13.15 12.83 21 8.01
12/17/03 8.62 6.93 8.7 0.93
12/23/03 6.09 8.34 20 12.79
12/29/03 5.17 4.99 9.7 4.62
1/04/04 3.87 3.92 14.6 10.71
1/10/04 7.43 7.83 14.4 6.77
1/16/04 14.40 14.30 54.2 39.85
1/22/04 5.87 3.67 11.1 6.33
1/28/04 24.85 24.68 25.5 0.73

* Based on Downtown minus the mean of the north & south values

.

The Borough placed PM 2.5 monitors at several fixed locations last winter and used a trailer equ ipped with a PM 2.5 monitor to collect data for 1 -2 week periods at a number of locations. While equipment problems corrupted some of the measurements, good data

were collected at three separate locations during an episode last winter:

**•** State office b uilding, the long- term d owntown monitor ing site ;

**•** Borough Transportation Department at Peger Rd. located approximately 2 miles to the southwest of the downtown monitor in a commercial/industrial area; and

**•** In a residential neighborhood located about 8 miles to the southeast of downtown.

A comparison of the hourly values recorded at those sites is presented in Figure 2. It shows that, despite the large distances between the monitors and the large differences in the localized source mix impacting the monitors, th e concentrations recorded during theFigure 2
Three -S ite Comparison of Hourly BAM Measurements of PM 2.5 Downtown, Peger Road and North Pole Sites, 1/25/08 thru 1/27/08

onset of the inversion (between hours 12 and 24) at ea ch monitor were strikingly similar, but lagged. After the inversion set up, the concentrations remained high, but were more discordant with each other. The key point seen in this chart is that elevated concentrations were recorded at multiple locations t hroughout the Borough during an episode. Because of the limited duration of the data collected, no insight is available into either the causes or the frequency of the occurrence.

Summary
– Prior to last winter , the only source of PM 2.5 monitoring data wa s from the SLAMS monitor at the state office building in downtown Fairbanks. New monitoring data from other locations paint an inconsistent picture. The Eielson Air Force Base concentrations from an earlier winter remained well below the 24 -hour PM 2.5 st andard for an entire winter season and comparisons showed there were large differences between values recorded on base and those recorded at the downtown monitor. The Fort Wainwright values from an earlier winter show that

, despite its close proximity to the downtown area, the values recorded over an entire winter season never exceeded the standard. The differences between the values recorded on base and those recorded at the downtown monitor, however, were much smaller. Data collected during an episode this past winter showed high concentrations at multiple locations. The military values suggest that concentrations throughout the region are not uniform and the data collected last winter duri ng one episode show there maybe additional areas with higher

co ncentrations. Clearly, the data do not support a conclusion and suggest the need for an intensive monitoring program, which is what ADEC and Borough are planning for thecoming wint er. A description of that program was included in a recent letter from th e Borough to EPA 8



### Factor 3: Population Density and Degree of Urbanization (to minimize the size of this document, this letter and its attachments are included in the zip file entitled “Fairbanks Resolutions”).

A review of the proposed nonattainment boundary found that large portions of unpopulated areas are included within the proposed nonattainment area. To illu strate the extent of the discrepancy , the Borough’s Department of Community Planning prepared a chart of population density using 2000 censu s data. The chart, presented in Figure 3, shows most of the Borough is either unpopulated or has a density of fewer than 10 people per square mile. More importantly, the chart shows large areas to the south

, east

, northeast, and west that are unpopulated, but included within EPA’s proposed nonattainment boundary. Information submitted by the military confirms that while a limited number of permanent facilities are located on the training ranges , no one resides in them, there are no paved roads, and operations during winter months occur infrequently.

Summary – Population density cannot be used to support the expansive nonattainment boundaries proposed by EPA. Large unpopulated areas are included within the proposed nonattainment boundaries in all directions except directly to the north.



### Factor 4: Traffic and Commuting Patterns

The annual VMT estimate reported by EPA for Fairbanks is significantly lower than values reported by the Northern Region of the Alaska Department of Transportation and Public F acilities (ADOT&PF). EPA reports a Borough wide value of 321 million miles in 2005; discussions with ADOT&PF 9 reported 723 million miles of travel in 2006. Roughly 58% of the travel (i.e., 418.7 million miles) occurred within the FMATS area. According to comments submitted by the ADOT&PF 10

With regard to commuting there are only three routes into/out of Fairbanks. The Parks Highway to the east (roughly 30 miles to the Borough border and an additional 10 miles to the nearest population center at Nenana), the Elliot Highway to the north (a distance of roughly 25+ miles to the EPA’s recommended boundary and no obvious popu lation center) and the Richardson Highway to the southeast (roughly 60 miles to the Borough , EPA only reported VMT for a single category of roads (i.e., collectors) and failed to report travel for the rest of the road system.

8 Letter from Jim Whitaker, Major of Fairbanks to Robert Myers, Principal Deputy Assistant Administrator, Office of Air and Radiation, Subject “PM 2.5 Boundary”, October 8, 2008

9 Email from Jennifer Eason, Traffic Data and Forecasting Man ager, Northern Region, ADOT&PF to Bob Dulla, Sierra Research, 10/15/2008.

10 Letter from Leo von Scheben, Commissioner, ADOT&PF submitted to EPA Docket No. EPA

- HQ

OAR

— 2007

- 0562, dated October 2, 2008Figure 3 Fairbanks North Star Borough Population Density, 2000 Censusborder and an additional 25 miles to Delta Junction). These distances combined with mountainous terrain and relatively low population of the nearest outside communities ensure that external commutes are not contributing to PM 2.5 concentrations reported in Fairbanks.

Summary – Despite the error in EPA’s estimate of travel within the Borough, the conclusion with regard to potential impacts of commuter’s is correct. The long distances to the Borough borders and low overall population density of the region ensures that external commutes are not contributing to elevated PM 2.5 concentrations in Fairbanks.



### Factor 5: Growth

Long

- ter m population growth in the Borough has been relatively stable at about 1% per year. As shown in Table 5 , year

- to -year variations can be quite significant, ranging from -3.2% to +4.0%. Data are shown for the entire B orough because EPA’s proposed boundary includes most of the populated areas within the Borough, yet its analysis of growth focused only on data from the City of Fairbanks and North Pole. Given the limited area for growth within the City of Fairbanks, most of the growth in recent years has occurred in outside areas, as demonstrated in the difference between growth rates seen in the City of Fairbanks and North Pole (i.e., 3% versus 16% between 2000 -2006).

Ta ble 5 Trends in Fairbanks North Star Borough Population
B etween 1996 and 2007

Year a Population Year

- to

- Year Change Relative to 1996

1996 81,883

- 1997 82,064 0.2%

1998 83,045 1.2%

1999 83,773 0.9%

2000 b 82,840

- 1.1%

2001 83,261 0.5%

2002 84,749 1.8%

2003 82,160

- 3.2%

2004 85,453 4.0%

2005 8 7,704 2.7%

2006 87,766 0.1%

2007 90,963 3.9%

a Alaska Department of Labor and Workforce Development

b U.S. Census BureauThe data presented in Table 5 demonstrate that despite the differences seen between these two areas, the long

- term growth rate thr oughout the populated areas of the Borough has been stable on a long-term basis, roughly 1% per year, but erratic on a year- to

- year basis.

As noted in the discussion of traffic and commuting patterns, the VMT values presented for Fairbanks are incorrect a nd only represent that portion of travel from one category of roads (i.e., collectors). Thus, the data presented are not representative of overall travel trends within either the FMATS area or within the Borough. Discussions with ADOT&PF staff responsible for travel forecasts within Fairbanks indicate that Borough wide estimates are not usually broken out within the northern region. Similarly, trends in estimates of FMATS values are complicated by expansions in the boundary over time. Thus, at present n o uniform set of travel data is available to track trends over time. Despite this limitation, the population growth data provides insight into growth rates that have occurred within the Borough.

Summary
– The data presented above demonstrate that the long- term growth rate throughout the populated areas of the Borough has been stable on a long- term basis, roughly 1% per year, but erratic on a year- to -year basis. This insight confirms there is no need to expand the nonattainment boundaries to ensure that e missions from projected growth within the Borough are captured and controlled.



### Factor 6: Meteorology

The continuous Beta Attenuation Monitor (BAM) PM 2.5 monitor located in downtown Fairbanks, Alaska (Figure 4 ) measured exceedances of the current daily PM 2.5 standard (35 μg/m 3 ) on 11 days *

1. Fairbanks International Airport (Airport) – surface and upper

- air data ; during a 21-day period between January 23, 2008, and February 12, 2008. During the same period, a moveable trailer equipped with a BAM recorded two exceedances of the 24 -hour PM 2.5 standard while it was located in Nor th Pole. Meteorological data for the entire period were collected from the following three locations shown in Figure 4:

2. Fort Wainwright Army Air Field (Fort Wainwright )
– surface data, available only on weekdays between 6 a.m. and 10 p.m. ; and
3. Eielson Air Force Base (Eielson)
– surface data

.

The time series data from the above meteorological stations , as well as PM 2.5 data from the two monitors mentioned above, are shown in Figures 5 through 7.

The 21-day period began with temperatures ranging from 10-20° Fahrenheit (F) and

west -northwesterly winds between 10-20 knots across the three meteorological stations

* A recent correlation analysis between data collected by the BAM and adjacent FRM values found a 32% bias in the BAM values. At this time the data has not been corrected to assess the impact of this bias on reported exceedances. Therefore, it is possible that exceedances are over

- reported in this document.evaluat ed, and the 24- hour average PM 2.5 concentration in downtown Fairbank s was low, about 10 μg/m 3 . However, abrupt surface temperature cooling across the region on January 23–24 and again on January 25–26, as evidenced by the dark blue line in Figures 5–7, led to increased residential heating and associated emissions and the formation of a strong low-level temperature inversion that trapped emissions near the surface. Also, wind speeds, shown in red on each of the graphs, became calm (< 3 knots or 3.5 miles per hour) at all three meteorological monitoring locations, producin g stagnant conditions. The winds did no t increase until February 10, fifteen days later and after eleven PM 2.5 24-hour ambient standard exceedances had been recorded. On several of the high PM 2.5 days, the Airport and Eielson sites did measure brief periods of noncalm winds; however, the winds remained less than 5 knots and did not produce any significant pollutant transport due to their short duration and infrequent nature.

The most dominant meteorological parameter during the PM 2.5 episode was the sur face air temperature, which had a minimum of -40°F or less on all but two of the exceedance days. On the remaining two exceedance days, January 29 and 30, temperatures still dropped to between -20°F and -25°F at all three stations. However, on the days when the temperature increased (January 25, 28, and 31, and February 1, 2, 11, and 12), irrespective of the typical diurnal heating seen during the daylight hours, PM 2.5 concentrations dropped below the ambient PM 2.5 standard threshold, even with the winds remaining calm, due to increased vertical mixing in the boundary layer. The combination of continuous, extended periods of very cold temperatures and calm winds, especially from February 4 through the 10, produced the ideal meteorological conditions for h igh
PM 2.5 concentrations.

Surface wind patterns during the 21-day period (excluding the times when the winds were calm) could be split into two main categories : (1) synoptically driven winds out of the west -northwest, shown by the thin green line in Figu res 5-7 at the beginning and end of the analysis period and depicted by the higher speed, lower frequency wind classes on the left side of the wind roses in Figures 8-12 ; and (2 ) mesoscale drainage flows, mainly due to cold air descending down off the mountains surrounding the region on the western, northern, and eastern sides. Local, mesoscale air flows were also characterized by flow along the Tanana River, which was southeasterly (moving from the southeast to the northwest) near Eielson AFB (Figure 8 ); east

- northeaster ly near Fort Wainwright (Figure 9); and north- northeasterly near the Airport (Figure 10). The resulting counterclockwise flow along the river could have transported air and pollutants across the region; however, any air over the river remained there and did not drift into the neighboring cities due to the prevailing land drainage flow that descended toward and merged into the river channel air flow.

To further understand air flow within the region, data from the upper-air soundings launched from FIA were evaluated at the surface and at a height of 200 –300 meters, or the closest height available. The data plotted in Figures 11 and 12 are slightly different from the other wind roses because, instead of hourly data, they show data collected by the twice -daily upper-air soundings sent up at approximately 3 a.m. and 3 p.m. Alaska Standard Time (AKST). The surface level plot (Figure 11 ) is similar to the plot from the Airport surface station shown in Figure 10 . Differences between the two can beattributed to the sampling frequency and duration, where the surface station data are hourly and averaged over two minutes and the sounding data are twice

- daily and instantaneous, due to the rapid ascent of the balloon. The aloft data (Figure 12 ) are f rom 200–300 meters (656–984 feet) above ground level and give an indication of the air flow above the shallow, nocturnal temperature inversion. As expected, the winds are stronger at the higher elevations, but, like at the surface, the dominant wind direc tion is northeasterly. In addition, the winds were calm over 40% of the time and those periods coincided with the high PM 2.5 concentration days, indicating that little or no pollution transport occurred in aloft layers up to 1,000 feet, supporting a conclusion that only local emission sources are contributing to the exceedances.

Another feature of the surface and upper-air wind roses is that four out of the five do not show any significant amount of southerly winds during the PM 2.5 episode, indicating tha t emissions from activities on the military range to the south of Fairbanks and the Tanana River could not have been transported into the metropolitan area or affected PM 2.5 concentrations. The only exception is the wind rose for Eielson AFB, which indica ted occasional, short-duration periods of south-southeasterly winds; however, because it is on the eastern side of the region, the winds there have no bearing on the potential transport of air from the range.

Summary
– High PM 2.5 days in Fairbanks are the result of very cold surface temperatures and shallow temperature inversions, calm winds creating stagnant conditions and inhibiting the transport and/or dispersion of pollutants, and local emissions in each community simultaneously producing localized air pollution increases and PM 2.5 concentrations high enough to exceed the standard in some areas. These factors indicate that the emission sources contributing to high pollution concentrations in Fairbanks are fairly localized and that the non attainment bou ndary should be constrained to the populated areas where elevated concentrations occur. The large distances between the military ranges and the populated areas of Fairbanks , combined with an absence of southerly winds during PM 2.5 episodes, demonstrate that the limited emissions from these facilities do not contribute to exceedances recorded in Fairbanks. Similarly, data collected at Eielson show there is no transport of its emissions into Fairbanks prior to or during episodes except for brief periods of southeasterly flow that is shown to be part of drainage flow along the Tanana. Data collected at Fairbanks International Airport demonstrate that the dominant flow prior to and during episodes is from the northeast and there is little evidence of any flow from the west. These findings demonstrate that EPA’s expansive boundaries are overly conservative and unwarranted and provide a basis for redefining the boundaries to the south, east, and west.Figure 4 Map of Fairbanks Meteorological and PM 2.5 Monitor ing SitesFigure 5 Meteorological and PM 2.5 data for Fairbanks International AirportFigure 6 Meteorological and PM 2.5 data for Fort Wainwright Army Air FieldFigure 7 Meteorological and PM 2.5 data for Eielson Air Force BaseFigure 8 Wind Rose for the Surface Meteorological Station at the Eielson AFBFigure 9 Wind Rose for the Surface Meteorological S tation at the Fort Wainwright AAFFigure 10 Wind R ose for the Surface Meteoro logical Station at the Fairbanks International AirportFigur e 11 Wi nd Rose for the Surface Level of the F airbanks International Airport Upper

- Air S oundingFigure 12 Wind Rose for the 200–300 M eter L evel of the F airbanks International Airport
U pper - Air S ounding

### Factor 7: Geography and Topography

Fairbanks, Alaska is located at an elevation of approximately 440 feet above sea level (ASL) and is bordered on the west, north, and east by mountain ridges, such as Ester Dome and Cranberry Ridge (Figure 1 3), ranging in height from 1,000 feet to nearly 2,500 feet; on the south, it is bordered by the Tanana River Flat. The mountains create a clear barrier between the Fairbanks area and neighboring valleys, limiting the extent to which emissions in those valleys could impact Fairbanks. This fact is especially relevan t under strong, low- level temperature inversion conditions that limit the vertical mixing of air to hundreds of feet, well below the nearest ridge heights. However, because of its low elevation relative to its surroundings, Fairbanks is the pooling area for some of the drainage flows coming down out of the mountainous regions, as indicated by the red lines in Figure 1 3. As a result, some valleys to the west and north of Fairbanks, namely Ester Valley and Goldstream Valley, could have an impact on Fairbanks. Valleys beyond Ester and Goldstream, though, are separated by ridges of at least 1,500 feet, which are more than sufficient to prevent air flow between those distant valleys and the valleys proximate to Fairbanks that drain into its basin.

Another type of drainage flow shown in Figure 13 is that along the Tanana River. Due to gradual descent in elevation from the east toward the west, air above the river will tend to flow in the same direction as the river and draw air from the adjacent land.

The w ind flow arrows shown in Figure 13 are a depiction of typical flows that develop under strong high pressure patterns, when large-scale, synoptically forced winds are not a factor and wintertime PM 2.5 concentrations are most likely to increase. It is important to note that even with the drainage flows, winds in the predominately flat areas of Fairbanks and areas to its east can be calm to light and variable. As a result, the drainage flows can be limited to the valleys and mountain faces and may not extend much beyond the base of the mountains.

Summary – The mountains to the west, north, and east of Fairbanks create clear barriers from neighboring valleys which limit the exchange of emissions. However, because of its low elevation relative to the valleys located to the west and the north, it is likely that drainage flows coming out of those valleys could have an impact on Fairbanks. Conversely, drainage flow from mountainous areas to the east of Fairbanks are not likely

to have much of an impact on Fairba nks because emissions in those areas are minimal to zero and the winds commonly decrease to calm once the flows exit the valleys and spread out across the flat, open areas.Figure 13 Topography and Drainage Flows in Fairbanks Area

### Factor 8: Jurisdict ional Boundaries

The Fairbanks North Star Borough is located in the heart of Interior Alask a at approximately 64.833330° North Latitude and -147.716670° West Longitude. The area

encompasses 7,361.0 sq. miles of land and 77.8 sq. miles of water (an area larger than either Delaware or Rhode Island) . T he Borough seat is located in the city of Fairbanks. A less densely urbanized area extends from Fairbanks along the Richardson Highway corridor through the city of North Pole to the southeast. The Borough also contains other smaller outlying residential areas (i.e., Ester, Fox, etc.) as well as two military bases (Fort Wainwright and Eielson Air Force Base). Fairbanks has a metropolitan planning organization, FMATS (Fairbanks Metropolitan Area Transportation System) , whose boundary includes both Fairbanks and North Pole and extends further into population areas within the vicinity of both communities.

Figures 14 through 16 are maps of the borough, cities, and FMATS boundaries. Information submitted by the military show s that it has jurisdiction over the large training facilities located to the south and east of Fairbanks.

Figure 14 Fairbanks North Star BoroughFigur e 15 C ity Boundaries within the Fairbanks North Star Borough

Figure 16 FMATS Boundar ySummary
– The nonattainment boundaries proposed by EPA encompass several distinct jurisdictions, including FMATS; the cities of Fairbanks, North Pole, Ester, and Fox; the military bases ; and the military training facilities. Many of these locations are not currently subject to existing Borough emission control measures.



### Factor 9: Level of Control of Emissions Sources

While no Fairbanks area sources have been specifically targeted for control of fine particulates at this time, there are s ome exis ting controls in place, as summarized below.

**•** Major stationary sources are controlled through the Alaska Department of Environmental Conservation’s permitting program. With regard to particulate matter, it should be noted that the coal-fired power plants in Fairbanks a re controlled with bag houses.

**•** Mobile sources are controlled by federal fuel and emission rules that limit particulate matter and pre -cursor pollutants. It is not known how effective these controls are at the extreme cold temperatures foun d in Fairbanks, but improvements should continue to be made as the vehicle fleet turns over.

**•** Fairbanks has an extensive network of electrical plug -ins powered at 20 **°** F that allow s citizens to use engine block heaters to keep their motor vehicle engines

wa rm during cold temperatures. This program significantly reduces CO emissions from cold starting vehicles, but it is not known how much benefit may exist for fine particulate emissions from the use of engine pre -heating.

**•** The Fairbanks North Star Borough operates a transit program that provides some benefits through reduced VMT from mobile sources.

**•** A local wood-burning control program exists under the carbon monoxide maintenance plan. To the extent that high PM 2.5 days occur on days with high CO

concentra tions, this control program could provide some benefit. It is more likely that a different program will be needed to fully address PM 2.5 emissions from wood-burning stoves.

**•** Open burning is prohibited from November 1 through the end of February within the areas of the Borough designated as Urban, Urban preferred commercial, Light or Heavy Industrial, or Perimeter area, with camp fires being an exception.

**•** Prescribed fire for burns over 40 acres is managed by the Alaska Department of Environmental Conservation through a permitting process and a smoke management plan.

**•** The Alaska Railroad switched to ultra low sulfur Diesel fuel in 2007, 5 years in advance of EPA’s 2012 mandate.Summary
– Fairbanks, ADEC

, and the military have implemented controls targeted at other pollutants that provide reductions in PM 2.5 emissions.



### Overall Summary and Recommendations

The local information used in the nine- factor analysis presented above contradicts much of the evidence EPA used to expand the boundary proposed by the St ate. Presented below is a summary of why EPA’s proposed boundary should be changed; it is organized by direction.

**•** North – The region between the FMATS boundary and EPA’s proposed boundary contain areas of relatively high population density (up to 500 peo ple per acre). No point sources however are located in this region. Meteorological data shows winds to be predominantly out of the east- northeast that are impacting Fairbanks prior to and during PM 2.5 episodes. The topographic data shows drainable flow from the Goldstream Valley could impact Fairbanks. While this information largely supports the northern boundary recommended by EPA, revisions are needed to address the location of specific neighborhoods.

**•** South – The entire region between the proposed southern boundary and the Tanana River is unpopulated. There are no paved roads in this region; no point sources are located in this region. Emissions data provided for the Blair Lakes facility, which is located approximately 23 miles south of Fairbanks re presents a insignificant fraction of the NOx and SO 2 inventory. Data provided for the other ranges shows activity during winter months is limited and sporadic. Meteorological data show that winds prior to and during an episode are never from the south. In summary, there is no evidence supporting the southern boundary recommended by EPA. The data suggest the need for a substantial revision of the boundary to the north.

**•** East – Large areas of the region are unpopulated. Eielson is the only area east of North Pole with any population density and it is shown to be less than 150 people per acre. Monitoring data collected at Eielson showed winter PM 2.5 concentrations consistently in the single digits and significantly below concentrations recorded in downtown Fairbanks. Emissions data show the base’s share of the NOx and SO 2 inventory to be below 5%. Surface meteorological data show there is no transport of base emissions into either North Pole or Fairbanks prior to or during episodes except for brief period s of southeasterly flow which is shown to be part of drainage flow along the Tanana River. Data on winds aloft is limited to soundings at Fairbanks International Airport, which shows winds to be predominantly out of the east- northeast with little flow fro m the southeast. Thus, the available data do not show an impact from Eielson’s power plant emissions. Collectively, these data do not support the eastern boundary proposed by EPA. Instead, the data support a substantial revision of the boundary to the w est.**•** West
– Large areas north of the Tanana and west of Fairbanks located within EPA’s proposed nonattainment boundary are unpopulated. No point sources are located in the area between the western boundary of the FMATS region and western boundary propose d by EPA. Meteorological data collected at Fairbanks International Airport shows the dominant flow prior to and during episodes is from the northeast with little evidence of flow from the west. Higher density populated areas, however are located outside of the western FMATS boundary. Topographical data suggests drainage flow from Ester Valley could impact Fairbanks. Overall, the data provide no support for EPA’s recommended western boundary and suggest the need for a substantial revision of the boundary to the

east.

In light of the information, presented above, the State in concert with the Borough developed a recommended nonattainment boundary. The starting point for these recommendations was the FMATS area. Revisions to that boundary are primarily based on consideration of population density, meteorology, terrain, emissions and the lack of growth. Figure 17 displays the recommended nonattainment boundary. It presents both the FMATS boundary and the proposed revisions. As can be seen the bulk of t he revisions are to the west and north, with limited changes to the east and no changes to the south. To simplify the review and discussion of the basis for the proposed boundaries, Figure 18 presents the final recommended boundary without the FMATS distinction. Also, included in Figure 18 are the names of specific landmarks impacting the selection of the boundary. Both figures also include information on terrain.

In addition to the factors noted above, care was taken to ensure the boundary is consisten t with ownership (i.e., lots were not split) and that entire neighborhoods were included within the proposed nonattainment area unless they were divided by geographical features (e.g., ridgeline) that distinguished their potential to impact Fairbanks.

Starting with the south, the proposed boundary is consistent with the FMATS boundary, which is located just to the north of the Tanana River. The eastern edge follows the FMATS boundary, which excludes Eielson, but is expanded to include populated areas adjacent to Chena Lakes, east of Nordale Road and north of Badger Road. The areas excluded to the east include undeveloped areas and swamp land. Some of the excluded areas also appear to include populated areas, however, a discussion with the Borough demographer indicated that these were artifacts of arbitrary census boundaries and in fact no one lived in those locations (because the density reflects the average of the area represented, not the location of where people lived). The northern end of the eastern boundary is selected to incorporate the higher density valley to the west of Gilmore Dome but to exclude communities farther to the east. The low population density of these communities and distance from the higher density areas of Fairbanks and North
Po le is seen to limit their potential impacts despite the predominant northeast wind flow.

Recognizing the potential of Goldstream Valley to impact Fairbanks, the FMATS boundary was expanded well to the north to include all areas with the potential to contribute to the drainage flow. The northern boundary is not located at the top of theridge sepa rating the Chatinika Valley from the Goldstream Valley as recommended by EPA. Instead the northern edge of the populated areas was selected, hence the jog in the middle of the northern boundary. To the west, the FMATS boundary was expanded to include the higher population density areas with the potential to contribute drainage to Goldstream Valley. This includes the area to the east of Ester Dome. The areas alo ng Murphy Dome Road further to the west were excluded because of the combination of low population density, distance from the higher density populated areas and prevailing meteorology. The southwestern FMATS boundary was expanded to include Ester Valley. This area, located to the south of Ester Dome and East of Chena Ridge is seen as having the potential to contribute to drainage into Fairbanks.

Fairbanks residents will be concerned about the size of the proposed nonattainment area. Many of the propose d areas are low density and located a considerable distance from downtown Fairbanks. These areas will be perceived as having no air quality problems since there is no monitoring data documenting violations of the 24-hour PM 2.5 standard. Communities that w ill have this perspective include Chena Ridge, Ester, Ester Valley, Fox, Goldstream Valley, and North Pole. Despite the lack of monitoring data, insight gained from the review of the nine-factors (particularly, the combination of population density, emissi ons sources, meteorology and terrain) indicates that it would be prudent to include these areas within the proposed nonattainment area. The recommended nonattainment area is therefore considered to be conservative and protective of public health.Figu re 1 7 Com bined FMATS and Proposed PM 10 Nonattainment BoundaryFigure 18 Proposed Fairbanks PM 2.5 Nonattainment Boundary

## Attachment AA-1 Fairbanks North Star Borough

Emission Category 2005 Emissions, TPY

VOC NOx SO 2 PM 10 _PRI PM 2.5 _PRI NH 3 CO

Point 67 5829 4565 460 NA NA 1087

Area 4473 1872 1055 7523 6444 337 76433

Mobile - Onroad 1160 2218 161 71 56 55 14510

Mobile - Nonroad 1241 543 34 19245 3398 0 6144

Total Emissions 6941 10462 5815 27299 9898 392 98174

Fairbanks North Star Borough

Facility 2005 Emissions (TPY)

VOC NOx SO 2 PM 10 _PRI CO
Aurora Energy LLC Chena Power Plant 0 629 248 353 459 Flint Hills Resources Alaska, LLC North Pole Refinery 35 215 13 15 33 Golden Valley Electric Association North Pole Power Plant 2 3604 3019 50 14 Golden Valley Electric Associat ion Zehnder Facility 1 28 24 0 1

US Air Force Eielson Air Force Base 21 367 281 8 125 US Army Fort Wainwright 6 471 697 14 262 University of Alaska Fairbanks Campus Power Plant 2 509 280 7 187 Wilder Construction Company Asphalt Plant 0 6 3 13 6

Total Emissions 67 5829 4565 460 1087A-2Fairbanks North StarBorough - Area SourcesSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2103006000 Stationary Source Fuel Combustion Commercial/Institutional Natural Gas Total: Boilers and IC Engines 0 0 0 0 0 0 02104004000 Stationary Source Fuel Combustion Residential Distillate Oil Total: All Combustor Types 9 229 605 5 5 0 642104005000 Stationary Source Fuel Combustion Residential Residual Oil Total:All Combustor Types 0 2 5 0 0 0 12104006010 Stationary Source Fuel Combustion Residential Natural Gas Residential Furnaces0 7 0 00 0 22104007000 Stationary Source Fuel CombustionResidential Liquified Petroleum Gas (LPG)Total: All Combustor Types 0 4 0 0 0 0 12104008000 Stationary Source Fuel Combustion Residential Wood Total: Woodstovesand Fireplaces509 19 3 183 183 0 13252306010000 Industrial Processes Petroleum Refining: SIC 29 Asphalt Paving/Roofing Materials Total 0 1 1 40 2 0 42401001000 Solvent Utilization Surface Coating ArchitecturalCoatings Total: All Solvent Types 241 0 0 0 0 0 02461020000 Solvent Utilization Miscellaneous Non-industrial: Commercial Asphalt Application: All Processes Total: All Solvent Types 1 0 0 0 0 0 02501000120 Storage and Transport Petroleum and Petroleum Product Storage All Storage Types: Breathing Loss Gasoline15 0 0 000 02501060102 Storage and Transport Petroleum andPetroleum Product Storage Gasoline ServiceStations Stage 2: Displacement Loss/Controlled 150 0 0 0 0 0 02501060103 Storage and Transport Petroleum and Petroleum Product Storage Gasoline Service Stations Stage 2: Spillage 8 0 0 0 00 02501995120 Storage and Transport Petroleum and Petroleum Product Storage All Storage Types: Working Loss Gasoline 8 0 0 0 0 0 02810001000 Miscellaneous Area Sources Other Combustion Forest Wildfires Total 3529 1609 441 7292 6254 337 749972810030000 Miscellaneous Area Sources Other Combustion Structure Fires Total 3 1 0 3 0 0 392810035000 Miscellaneous Area Sources Other Combustion Firefighting Training Total 0 0 0 0 0 0 0Total Area Source Emissions4473 1872 1055 7523 6444 337 76433Fairbanks North Star Borough - OnRoad Mobile SourcesSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2201001000 Mobile Sources Highway Vehicles -Gasoline Light Duty Gasoline Vehicles (LDGV) Total: All Road Types 308 173 7 5 2 18 41012201020000 Mobile Sources Highway Vehicles - Gasoline Light Duty Gasoline Trucks 1 & 2 (M6) = LDGT1 (M5) Total: All Road Types396 236 9 6 3 19 56582201040000 Mobile Sources Highway Vehicles - Gasoline Light Duty Gasoline Trucks 3 & 4 (M6) = LDGT2 (M5) Total: All Road Types304 194 8 4 2 13 37112201070000 Mobile Sources Highway Vehicles - Gasoline Heavy Duty Gasoline Vehicles 2B thru 8B & Buses (HDGV) Total: All Road Types 91 240 5 5 4 2 7172201080000 Mobile Sources Highway Vehicles - Gasoline Motorcycles (MC) Total: All Road Types 7 5 0 0 0 0 392230001000 Mobile Sources Highway Vehicles -Diesel Light Duty Diesel Vehicles (LDDV) Total: All Road Types 0 1 0 0 0 0 12230060000 Mobile Sources Highway Vehicles - Diesel Light Duty Diesel Trucks 1 thru 4 (M6) (LDDT) Total: All Road Types 2 3 1 00 0 32230070000 Mobile Sources Highway Vehicles - Diesel All HDDV including Buses (use subdivisions -071 thru -075 if possible) Total: AllRoad Types52 1366 131 51 45 3 280Total On-Road Emissions1160 2218 161 71 56 55 14510A-3Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2260001010 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Recreational Equipment Motorcycles: Off-road 40 0 0 1 1 0 552260001020 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Recreational Equipment Snowmobiles 829 6 0 18 17 0 20212260001030 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Recreational Equipment All Terrain Vehicles 25 0 0 1 1 0 842260001060 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Recreational Equipment Specialty Vehicles/Carts 0 0 0 0 0 0 42260002006 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Construction andMining Equipment Tampers/Rammers 1 0 0 0 0 042260002009 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Construction andMining Equipment Plate Compactors 0 0 0 0 0 002260002021 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Construction andMining Equipment Paving Equipment 0 0 0 0 0 002260002027 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Construction and Mining Equipment Signal Boards/Light Plants 00 0 0 0 0 02260002039 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Construction andMining Equipment Concrete/Industrial Saws 2 00 0 0 0 122260002054 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Construction and Mining Equipment Crushing/Processing Equipment 0 0 0 0 0 0 02260003030 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Industrial Equipment Sweepers/Scrubbers 0 0 0 0 0 0 02260003040 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Industrial Equipment Other General Industrial Equipment 0 0 00 0 0 02260004015 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Rotary Tillers < 6 HP (Residential)0 0 0 0 0 0 12260004016 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Rotary Tillers < 6 HP (Commercial) 00 0 0 0 0 02260004020 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Chain Saws < 6 HP (Residential) 1 00 0 0 0 52260004021 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Chain Saws < 6 HP (Commercial) 0 0 00 0 0 12260004025 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Trimmers/Edgers/Brush Cutters(Residential)2 0 0 0 0 0 122260004026 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Trimmers/Edgers/Brush Cutters(Commercial)0 0 0 0 0 0 12260004030 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Lawn and GardenEquipment Leafblowers/Vacuums (Residential) 20 0 0 0 0 82260004031 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Leafblowers/Vacuums (Commercial) 0 00 0 0 0 12260004035 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Lawn and GardenEquipment Snowblowers (Residential) 0 0 0 0 00 02260004036 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Snowblowers (Commercial) 0 0 0 0 0 002260004071 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Lawn and Garden Equipment Turf Equipment (Commercial) 0 0 0 00 0 02260005035 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Agricultural Equipment Sprayers 0 0 0 0 0 0 02260006005 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Commercial Equipment Generator Sets 0 0 0 0 0 0 12260006010 Mobile Sources Off-highwayVehicle Gasoline, 2-Stroke Commercial Equipment Pumps 1 0 0 0 0 0 42260006015 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Commercial Equipment Air Compressors 0 0 0 0 0 0 02260006035 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Mobile Sources :Off-highway Vehicle Gasoline, 2-Stroke:Commercial Equipment Mobile Sources :Off-highway Vehicle Gasoline, 2-Stroke:Commercial Equipment : Hydro-power Units0 0 0 0 0 0 02260007005 Mobile Sources Off-highway Vehicle Gasoline, 2-Stroke Logging Equipment Chain Saws > 6 HP 1 0 0 0 0 0 62265001010 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Recreational Equipment Motorcycles: Off-road 2 0 0 0 0 0 202265001030 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Recreational Equipment All Terrain Vehicles 21 2 0 0 0 0 267A-4Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2265001050 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Recreational Equipment Golf Carts 2 1 0 0 0 0 1412265001060 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Recreational Equipment Specialty Vehicles/Carts 0 0 0 0 0 0 32265002003 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction andMining Equipment Pavers 0 0 0 0 0 0 52265002006 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Tampers/Rammers 0 0 0 0 0 002265002009 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Plate Compactors 0 0 0 0 0 092265002015 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction andMining Equipment Rollers 0 0 0 0 0 0 92265002021 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Paving Equipment 0 0 0 0 0 0182265002024 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Surfacing Equipment 0 0 0 00 0 82265002027 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction and Mining Equipment Signal Boards/Light Plants 00 0 0 0 0 02265002030 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Trenchers 0 0 0 0 0 0 142265002033 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Bore/Drill Rigs0 0 0 00 042265002039 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Concrete/Industrial Saws 0 00 0 0 0 372265002042 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction and Mining Equipment Cement and Mortar Mixers 0 00 0 0 0 162265002045 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction andMining Equipment Cranes 0 0 0 0 0 0 02265002054 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Crushing/Processing Equipment 0 0 0 0 0 0 22265002057 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Rough Terrain Forklifts 0 00 0 0 0 02265002060 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Rubber Tire Loaders 0 0 0 00 0 02265002066 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Construction and Mining Equipment Tractors/Loaders/Backhoes 00 0 0 0 0 122265002072 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Skid Steer Loaders 0 0 0 0 00 42265002078 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Dumpers/Tenders 0 0 0 0 0 022265002081 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Construction andMining Equipment Other Construction Equipment0 0 0 0 0 0 02265003010 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Industrial Equipment Aerial Lifts 0 0 0 0 0 0 12265003020 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Industrial Equipment Forklifts 0 0 0 0 0 0 22265003030 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Industrial Equipment Sweepers/Scrubbers 0 0 0 0 0 0 12265003040 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Industrial Equipment Other General Industrial Equipment 0 0 00 0 0 32265003050 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Industrial Equipment Other Material Handling Equipment 0 0 0 00 0 02265003060 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Industrial Equipment AC\Refrigeration 0 0 0 0 0 0 02265003070 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Industrial Equipment Terminal Tractors 0 0 0 0 0 0 02265004010 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Lawn Mowers (Residential) 7 1 0 0 00 2222265004011 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Lawn Mowers (Commercial) 0 0 0 0 0 062265004015 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Rotary Tillers < 6 HP (Residential)1 0 0 0 0 0 192265004016 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Rotary Tillers < 6 HP (Commercial) 00 0 0 0 0 32265004025 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Trimmers/Edgers/Brush Cutters(Residential)0 0 0 0 0 0 12265004026 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Trimmers/Edgers/Brush Cutters(Commercial)0 0 0 0 0 0 0A-5Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2265004030 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Lawn and GardenEquipment Leafblowers/Vacuums (Residential) 00 0 0 0 0 22265004031 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Leafblowers/Vacuums (Commercial) 0 00 0 0 0 62265004035 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Lawn and GardenEquipment Snowblowers (Residential) 0 0 0 0 00 02265004036 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Snowblowers (Commercial) 0 0 0 0 0 002265004040 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Rear Engine Riding Mowers (Residential) 1 0 0 0 0 0 572265004041 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Rear Engine Riding Mowers (Commercial) 0 0 0 0 0 0 12265004046 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Front Mowers (Commercial) 0 0 0 0 00 12265004051 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Shredders < 6 HP (Commercial) 0 0 00 0 0 02265004055 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Lawn and GardenEquipment Lawn and Garden Tractors (Residential) 12 4 0 0 0 0 7642265004056 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Lawn and Garden Tractors (Commercial) 0 0 0 0 0 0 112265004066 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Chippers/Stump Grinders (Commercial)0 0 0 0 0 0 12265004071 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Lawn and Garden Equipment Turf Equipment (Commercial) 0 0 0 00 0 332265004075 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Lawn and GardenEquipment Other Lawn and Garden Equipment(Residential)1 0 0 0 0 0 232265004076 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Lawn and GardenEquipment Other Lawn and Garden Equipment(Commercial)0 0 0 0 0 0 12265005010 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment 2-Wheel Tractors 0 0 0 0 0 0 02265005015 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Agricultural Tractors 0 0 0 0 0 0 02265005020 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Combines 0 0 0 0 0 0 02265005025 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Balers 0 0 0 0 0 0 02265005030 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Agricultural Mowers 0 0 0 0 0 0 02265005035 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Sprayers 0 0 0 0 0 0 22265005040 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Tillers > 6 HP 0 0 0 0 0 0 62265005045 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Swathers 0 0 0 0 0 0 02265005055 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Agricultural Equipment Other Agricultural Equipment 0 0 0 0 00 12265005060 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Agricultural Equipment Irrigation Sets 0 0 0 0 0 0 02265006005 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Commercial Equipment Generator Sets 6 1 0 0 0 0 2972265006010 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Commercial Equipment Pumps 1 0 0 0 0 0 652265006015 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Commercial Equipment Air Compressors 1 1 0 0 0 0 522265006025 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Commercial Equipment Welders 1 0 0 0 0 0 822265006030 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Commercial Equipment Pressure Washers 3 1 0 0 0 0 1292265006035 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Mobile Sources :Off-highway Vehicle Gasoline, 4-Stroke:Commercial Equipment Mobile Sources :Off-highway Vehicle Gasoline, 4-Stroke:Commercial Equipment : Hydro-power Units0 0 0 0 0 0 72265007010 Mobile Sources Off-highway Vehicle Gasoline, 4-Stroke Logging Equipment Shredders > 6 HP 0 0 0 0 0 0 182265007015 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Logging EquipmentForest Eqp - Feller/Bunch/Skidder 0 0 0 0 00 0A-6Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2265010010 Mobile Sources Off-highwayVehicle Gasoline, 4-Stroke Industrial Equipment Other Oil Field Equipment 0 0 0 0 0 0 272267001060 Mobile Sources LPG Recreational Equipment Specialty Vehicles/Carts 0 0 0 0 0 0 02267002003 Mobile Sources LPG Construction and Mining Equipment Pavers 0 0 0 0 0 0 02267002015 Mobile Sources LPG Construction and Mining Equipment Rollers 0 0 0 0 0 0 02267002021 Mobile Sources LPG Construction and Mining Equipment Paving Equipment 0 0 0 0 0 0 02267002024 Mobile Sources LPG Construction and Mining Equipment Surfacing Equipment 0 0 0 0 0 0 02267002030 Mobile Sources LPG Construction andMining Equipment Trenchers 0 0 0 0 0 0 02267002033 Mobile Sources LPG Construction and Mining Equipment Bore/Drill Rigs 0 0 0 0 0 0 02267002039 Mobile Sources LPG Construction and MiningEquipment Concrete/Industrial Saws 0 0 0 0 0 0 02267002045 Mobile Sources LPG Construction and Mining Equipment Cranes 0 0 0 0 0 0 02267002054 Mobile Sources LPG Construction and Mining Equipment Crushing/Processing Equipment 0 0 0 0 0 0 02267002057 Mobile Sources LPG Construction and MiningEquipment Rough Terrain Forklifts 0 0 0 0 0 0 02267002060 Mobile Sources LPG Construction and Mining Equipment Rubber Tire Loaders 0 0 0 0 0 0 02267002066 Mobile Sources LPG Construction and Mining Equipment Tractors/Loaders/Backhoes0 0 0 00 0 02267002072 Mobile Sources LPG Construction and Mining Equipment Skid Steer Loaders 0 0 0 0 0 0 02267002081 Mobile Sources LPG Construction and Mining Equipment Other Construction Equipment 0 0 0 0 0 0 02267003010 Mobile Sources LPG Industrial Equipment Aerial Lifts0 0 0 0 0 0 02267003020 Mobile Sources LPG Industrial Equipment Forklifts1 5 0 0 0 0 242267003030 Mobile Sources LPG Industrial Equipment Sweepers/Scrubbers0 0 0 00 0 02267003040 Mobile Sources LPG Industrial Equipment Other General Industrial Equipment 0 0 0 0 0 0 02267003050 Mobile Sources LPG Industrial Equipment Other Material Handling Equipment 0 0 0 0 0 0 02267003070 Mobile Sources LPG Industrial Equipment Terminal Tractors0 0 0 00 0 02267004066 Mobile Sources LPG Lawn and Garden EquipmentChippers/Stump Grinders (Commercial) 0 0 0 0 0 0 02267005055 Mobile Sources LPG Agricultural Equipment Other Agricultural Equipment0 0 0 00 0 02267005060 Mobile Sources LPG Agricultural Equipment Irrigation Sets0 0 0 00 0 02267006005 Mobile Sources LPG Commercial Equipment Generator Sets 0 0 0 0 0 0 22267006010 Mobile Sources LPG Commercial Equipment Pumps0 0 0 0 0 0 02267006015 Mobile Sources LPG Commercial Equipment Air Compressors 0 0 0 0 0 0 12267006025 Mobile Sources LPG Commercial Equipment Welders0 0 0 0 0 0 02267006030 Mobile Sources LPG Commercial Equipment Pressure Washers 0 0 0 0 0 0 02267006035 Mobile Sources LPG Mobile Sources : LPG:Commercial Equipment Mobile Sources : LPG:Commercial Equipment : Hydro-power Units0 0 0 0 0 0 02268002081 Mobile Sources CNG Construction and Mining Equipment Other Construction Equipment 0 0 0 0 0 0 02268003020 Mobile Sources CNG Industrial Equipment Forklifts0 0 0 0 0 0 22268003030 Mobile Sources CNG Industrial Equipment Sweepers/Scrubbers0 0 0 00 0 0A-7Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2268003040 Mobile Sources CNG Industrial Equipment Other General Industrial Equipment 0 0 0 0 0 0 02268003060 Mobile Sources CNG Industrial Equipment AC\Refrigeration0 0 0 00 0 02268003070 Mobile Sources CNG Industrial Equipment Terminal Tractors0 0 0 00 0 02268005055 Mobile Sources CNG Agricultural Equipment Other Agricultural Equipment0 0 0 00 0 02268005060 Mobile Sources CNG Agricultural Equipment Irrigation Sets0 0 0 00 0 02268006005 Mobile Sources CNG Commercial Equipment Generator Sets 0 0 0 0 0 0 12268006010 Mobile Sources CNG Commercial Equipment Pumps0 0 0 0 0 0 02268006015 Mobile Sources CNG Commercial Equipment Air Compressors0 0 0 00 0 02268006020 Mobile Sources CNG Commercial Equipment Gas Compressors0 0 0 00 0 32268006035 Mobile Sources CNG Mobile Sources : CNG:Commercial Equipment Mobile Sources : CNG:Commercial Equipment : Hydro-power Units0 0 0 0 0 0 02268010010 Mobile Sources CNG Industrial Equipment Other Oil Field Equipment0 0 0 00 0 02270001060 Mobile Sources Off-highway Vehicle Diesel Recreational Equipment Specialty Vehicles/Carts 0 0 0 0 0 0 02270002003 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Pavers 0 1 0 0 0 0 02270002006 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Tampers/Rammers 0 0 0 0 0 0 02270002009 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Plate Compactors 0 0 0 0 0 0 02270002015 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Rollers 0 2 0 0 0 0 12270002018 Mobile Sources Off-highway Vehicle Diesel Construction and MiningEquipment Scrapers 0 2 0 0 0 0 12270002021 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Paving Equipment 0 0 0 0 0 0 02270002024 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Surfacing Equipment 0 0 0 0 0 0 02270002027 Mobile Sources Off-highwayVehicle Diesel Construction and Mining Equipment Signal Boards/Light Plants 0 1 0 0 0 0 02270002030 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Trenchers 0 2 0 0 0 0 12270002033 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Bore/Drill Rigs 0 2 0 0 0 0 12270002036 Mobile Sources Off-highway Vehicle Diesel Construction and MiningEquipment Excavators 1 6 0 0 0 0 22270002039 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Concrete/Industrial Saws 0 0 0 0 0 0 02270002042 Mobile Sources Off-highwayVehicle Diesel Construction and Mining Equipment Cement and Mortar Mixers 0 0 0 0 0 0 02270002045 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Cranes 0 2 0 0 0 0 12270002048 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Graders 0 1 0 0 0 0 12270002051 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Off-highway Trucks 1 8 0 0 0 0 12270002054 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Crushing/Processing Equipment 0 0 0 0 00 02270002057 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Rough Terrain Forklifts 0 3 0 0 0 0 22270002060 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Rubber Tire Loaders1 11 0 11 0 42270002066 Mobile Sources Off-highwayVehicle Diesel Construction and Mining Equipment Tractors/Loaders/Backhoes 2 10 0 1 1 0 92270002069 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Crawler Tractor/Dozers1 8 0 00 0 32270002072 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Skid Steer Loaders 2 8 0 1 1 0 8A-8Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2270002075 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Off-highway Tractors 0 1 0 0 0 0 02270002078 Mobile Sources Off-highway Vehicle Diesel Construction and Mining Equipment Dumpers/Tenders 0 0 0 0 0 0 02270002081 Mobile Sources Off-highwayVehicle Diesel Construction and Mining Equipment Other Construction Equipment 0 1 0 0 0 012270003010 Mobile Sources Off-highwayVehicle Diesel Industrial Equipment Aerial Lifts 0 0 0 0 0 0 02270003020 Mobile Sources Off-highway Vehicle DieselIndustrial Equipment Forklifts 0 1 0 0 0 0 02270003030 Mobile Sources Off-highwayVehicle Diesel Industrial Equipment Sweepers/Scrubbers 0 0 0 0 0 0 02270003040 Mobile Sources Off-highway Vehicle Diesel Industrial Equipment Other General Industrial Equipment 0 0 0 0 0 0 02270003050 Mobile Sources Off-highway Vehicle Diesel Industrial Equipment Other Material Handling Equipment0 0 0 00 0 02270003060 Mobile Sources Off-highwayVehicle Diesel Industrial Equipment AC\Refrigeration 0 5 0 0 0 0 22270003070 Mobile Sources Off-highway Vehicle Diesel Industrial Equipment Terminal Tractors 0 0 0 0 0 0 02270004031 Mobile Sources Off-highwayVehicle Diesel Lawn and Garden Equipment Leafblowers/Vacuums (Commercial) 0 0 0 0 0 0 02270004036 Mobile Sources Off-highway Vehicle Diesel Lawn and Garden Equipment Snowblowers (Commercial) 0 0 0 0 0 0 02270004046 Mobile Sources Off-highway Vehicle Diesel Lawn and Garden Equipment Front Mowers (Commercial) 0 0 0 0 0 0 02270004056 Mobile Sources Off-highway Vehicle Diesel Lawn and Garden Equipment Lawn and Garden Tractors (Commercial) 0 0 0 0 00 02270004066 Mobile Sources Off-highway Vehicle Diesel Lawn and Garden Equipment Chippers/Stump Grinders (Commercial) 0 0 0 0 0 002270004071 Mobile Sources Off-highwayVehicle Diesel Lawn and Garden EquipmentTurf Equipment (Commercial) 0 0 0 0 0 0 02270004076 Mobile Sources Off-highway Vehicle Diesel Lawn and Garden Equipment Other Lawnand Garden Equipment (Commercial) 0 00 0 0 0 02270005010 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment 2-Wheel Tractors 0 0 0 0 0 0 02270005015 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment Agricultural Tractors 1 10 0 1 1 0 42270005020 Mobile Sources Off-highway Vehicle DieselAgricultural Equipment Combines 0 1 0 0 0 0 02270005025 Mobile Sources Off-highway Vehicle DieselAgricultural Equipment Balers 0 0 0 0 0 0 02270005030 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment Agricultural Mowers 0 0 0 0 0 0 02270005035 Mobile Sources Off-highway Vehicle DieselAgricultural Equipment Sprayers 0 0 0 0 0 0 02270005040 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment Tillers > 6 HP0 0 0 00 0 02270005045 Mobile Sources Off-highway Vehicle DieselAgricultural Equipment Swathers 0 0 0 0 0 0 02270005055 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment Other Agricultural Equipment 0 0 0 0 0 0 02270005060 Mobile Sources Off-highway Vehicle Diesel Agricultural Equipment Irrigation Sets 0 0 0 0 0 0 02270006005 Mobile Sources Off-highwayVehicle Diesel Commercial Equipment Generator Sets0 3 0 00 0 12270006010 Mobile Sources Off-highway Vehicle Diesel Commercial Equipment Pumps 0 1 0 0 0 0 02270006015 Mobile Sources Off-highwayVehicle Diesel Commercial Equipment Air Compressors 0 3 0 0 0 0 12270006020 Mobile Sources Off-highwayVehicle Diesel Commercial Equipment Gas Compressors 0 0 0 0 0 0 02270006025 Mobile Sources Off-highway Vehicle DieselCommercial Equipment Welders 0 1 0 0 0 0 12270006030 Mobile Sources Off-highway Vehicle Diesel Commercial Equipment Pressure Washers 0 0 0 0 0 0 02270006035 Mobile Sources Off-highwayVehicle Diesel Mobile Sources : Off-highwayVehicle Diesel: Commercial Equipment MobileSources : Off-highway Vehicle Diesel:Commercial Equipment : Hydro-power Units0 0 0 0 0 0 0A-9Fairbanks North Star Borough- NonRoad Mobile EmissionsSource Classification Code2005 Emissions, TPYVOC NOx SO2PM10_PRI PM2.5_PRI NH3CO2270007010 Mobile Sources Off-highwayVehicle Diesel Logging Equipment Shredders > 6 HP 0 0 0 0 0 0 02270007015 Mobile Sources Off-highway Vehicle Diesel Logging Equipment Forest Eqp - Feller/Bunch/Skidder 0 1 0 0 0 0 02270009010 Mobile Sources Off-highway Vehicle Diesel Underground Mining Equipment Other Underground Mining Equipment 0 0 0 0 00 02270010010 Mobile Sources Off-highway Vehicle Diesel Industrial Equipment Other Oil Field Equipment 0 1 0 0 0 0 02280002030 Mobile Sources Marine Vessels, Commercial Diesel Fishing Vessels 0 2 1 0 0 0 02280004030 Mobile Sources Marine Vessels, Commercial Gasoline Fishing Vessels 0 0 0 0 0 0 42282005010 Mobile Sources Pleasure Craft Gasoline 2-Stroke Outboard 4 0 0 0 0 0 132282005015 Mobile Sources Pleasure Craft Gasoline2-Stroke Personal Water Craft 1 0 0 0 0 0 52282010005 Mobile Sources Pleasure Craft Gasoline 4-Stroke Inboard/Sterndrive 1 1 0 0 0 0 82282020005 Mobile Sources Pleasure Craft Diesel Inboard/Sterndrive 0 1 0 0 0 0 02282020010 Mobile Sources Pleasure Craft Diesel Outboard0 0 0 0 0 0 02285002015 Mobile Sources Railroad EquipmentDiesel Railway Maintenance0 1 0 00 0 12285004015 Mobile Sources Railroad Equipment Gasoline, 4-Stroke Railway Maintenance 0 0 0 0 0 0 22285006015 Mobile Sources Railroad Equipment LPG Railway Maintenance 0 0 0 0 0 0 02294000000 Mobile Sources PavedRoads All Paved Roads Total: Fugitives 0 0 0 5507 1312 0 02296000000 Mobile Sources UnpavedRoads All Unpaved Roads Total: Fugitives 0 0 0 13626 2042 0 02275001000202 155 18 61 0 329227502000033 82 7 16 16 0 405227505000017 5 1 7 0 64222750600000 0 0 0 0 0 022850020009 179 7 5 5 0 22Total NonRoad Emissions1241 543 34 19245 3398 0 6144

## Attachment BBy: Karl Kassel 1 Introduced: 03/26/2015 2 Adopted: 03/26/2015 3
4 FAIRBANKS NORTH STAR BOROUGH 5
6 RESOLUTION NO. 2015 – 12 7 8 A RESOLUTION TO CONFIRM THE EXACT BOUNDARIES OF THE AIR QUALITY 9 CONTROL ZONE SET FORTH IN ORDINANCE NO. 2015

- 01 AND ADOPTED ON 10 FEBRUARY 27, 2015 11
12
WHEREAS, O n February 27, 2015 the Fairbanks North Star Borough 13 Assembly adopted Ordinance No. 2015

- 01 relating to Air Quality; and 14 15 WHEREAS, W ithin Ordinance No. 2015

- 01, an Air Quality Control Zone 16 was created using the EPA’s non

- att ainment area’s southern, western, and eastern 17 boundaries, and defining a new northern boundary; and 18 19 WHEREAS, the new northern boundary used geographic landmarks such 20 as “Farmers Loop Ridge” and “ridge crest across Nottingham Drive” that bisect 21 individua l lots; and 22
23 WHEREAS, it is undesirable to have a portion of a lot contained within the 24 Air Quality Control Zone; and 25
26 WHEREAS, FNSB Staff administratively completed the northern boundary 27 of the Air Quality Control Zone us ing public right

- of

- way, subdivision boundaries, and 28 individual lot boundaries, while following the intended geographic features as closely as 29 possible; and 30
31 WHEREAS, I t is necessary to confirm the exact northern boundary o f the 32 Air Quality Control Zone; 33

NOW THEREFORE BE IT RESOLVED

, That t he boundary description 34 (Attachment A) and map (Attachment B) accurately reflect the adopted Air Quality 35 Control Zone in Ordinance No. 2015

- 01. 36

37

38

39PASSED AND APPROVED T HIS 26 TH DAY OF MARCH, 2015. 40

41

_____________________________ 42 Karl Kassel 43 Presiding Officer 44 45
46
47 ATTEST: 48 49 50

___________________________ 51 Nanci Ashford

- Bingham, MMC 52 Borough Clerk 53
54 55 Ayes: Golub, Sattley, Hutchison, Lawrence, Dodge, Quist, Davies, Kassel 56 Noes: None 57 Excused: Roberts 58 59

## ATTACHMENT “A"

RESOLUTION NO. 2015- 12
“Air Quality Control Zone” means the area of the Borough currently contained in the EPA designated non-attainment area, which uses the non-attainm ent area’s southern,
western and eastern boundaries as modified by their respective intersection with the following northern boundary

as described:

-Beginning at the intersection of the western boundary of Section 20, T1S, R2W, FM and Isberg Road on the western boundary of the EPA designated non-attainment area - Continuing easterly on Isberg Road to Chena Ridge Road - Then northeasterly on Chena Ridge Road to Chena Pump Road - Continuing northeasterly on Chena Pump Road to the Parks Highway - Then northerly on the Parks Highway to Sheep Creek Road -Continuing northerly on Sheep Creek Road to the western boundary of Section 36, T1N, R2W, FM - Then northerly along the western boundary of Section 36 to the southern boundary of Section 25, T1N, R2W, FM - Then easterly along the southern boundary of Section 25 to the SW corner of the Maggofin Highlands Subdivision {{FRD Plat No. 2008-016, rec. 3/12/2008}}

- Then northerly along the western boundary of the Maggofin Highlands Subdivision to the SW corner of TL-2539, Section 25, T1N, R2W, FM {{FRD Inst No. 2011-021111-0, rec. 10/26/2011}} - Continuing northerly along its western boundary to its NW corner - Then easterly along its northern boundary to a point on the western boundary of TL-2509, Section 25, T1N, R2W, FM

{{FRD Inst. No. 2008-016977-0, rec. 08/21/2008}}

- Then northerly along western boundary of TL-2509 to its NW corner -Then easterly along its northern boundary to the NW corner of TL-2504, Section 25, T1N, R2W, FM {{FRD Book 1136, Page 891, rec. 4/28/1999}} -Continuing easterly along the northern boundary of TL-2504 to the NW corner of TL-2512, Section 25, T1N, R2W, FM

{{FRD Book 01201, Page 0792, rec. 6/12/2000}} -Continuing easterly along the northern boundary of TL-2512 to the SW corner of TL-2518, Section 25, T1N, R2W, FM

{{FRD Book 117, Page 792, rec. 8/5/1978}}

1 of 6

## - Then northerly along the western boundary of TL-2518 to its NW corner

-Then easterly along its northern boundary to the SW corner of TL-2547, Section 25, T1N, R2W, FM {{FRD Inst. No. 2014-012678-0, rec. 9/5/2014}}

- Then northerly along the western boundary of TL-2547 to its NW corner -Then easterly along its northern boundary to the NW corner of TL-2546, Section 25, T1N, R2W, FM {{FRD Inst. No. 2005-021943-0, rec. 10/11/2005}} -Continuing easterly along the northern boundary of TL-2546 to the SW corner of TL-2527, Section 25, T1N, R2W, FM

{{FRD Book 258, Page 293, rec. 6/7/1971}} - Then northerly along the western boundary of TL-2527 to its NW corner -Then easterly along its northern boundary to the NW corner of TL-2528, Section 25, T1N, R2W, FM {{FRD Inst. No. 2002-025194-0, rec 12/12/2002}} - Continuing easterly along the northern boundary of TL-2528 to its NE corner - Then northeasterly across Dalton Trail to the NW corner of Lot 24 of the College Hills Estates Subdivision {{FRD Plat No. 1981-111, rec. 7/22/1981}} where Dalton Trail meets Goldfinch Road -Then following Goldfinch Road to the northern most corner of Lot 25 of the College Hills Estates Subdivision where Goldfinch Trail meets Kingfisher Drive -Then across Kingfisher Drive to the west corner of Lot 56 of the College Hills Estates Subdivision, 1st Addition {{FRD Plat No. 1981-135, rec. 9/4/1981}} - Continuing on Goldfinch Road to the NE corner of Lot 69 of the College Hills Estates Subdivision, 1st Addition where Goldfinch Road meets Ballaine Road
- Then across Ballaine Road to the NW corner of Tract B of the Pearl Creek Subdivision {{FRD Plat No. 1984-199, rec. 9/5/1984}} - Then northerly on Ballaine Road to the corner of Lot 1, Block 2 of the Musk Ox Subdivision {{FRD Plat No. 63-8456, rec 12/4/1963}} where Red Fox Drive meets Eldorado Road -Then northeasterly on Eldorado Road to the corner of Lot 6, Block 2 of the Musk Ox Subdivision where Eldorado Road Moose Trail - Then easterly on Moose Trail to NW corner of Lot 1, Block 7 of the Musk Ox Subdivision, 1st Addition {{FRD Plat No. 1964-7557, rec. 10/20/1964}}

- Continuing easterly along the northern boundary of Lot 1 to a point on the western boundary of Lot 1 of the Aspen Grove Subdivision {{FRD Plat No. 1971-9495, rec 9/2/1971}} - Then northerly along the western boundary of Lot 1 of the Aspen Grove Subdivision to its NW corner, which is a point on the northern boundary of Section 20, T1N, R1W, FM

2 of 6

## - Then easterly along the northern boundary of Section 20 to the SW Section corner of Section

16, T1N, R1W, FM -Then northerly along the western boundary of Section 16 to the SW corner of TL-1602, Section 16, T1N, R1W, FM

{{FRD Book 655, Page 0997, rec. 3/7/1990}}

- Then easterly along the southern boundary of TL-1602 to its SE corner - Then northerly along its eastern boundary to its NE corner, which is common to the southern boundary of Tract A {{ FRD Inst. No. 2011-017496-0, rec. 9/14/2011}} - Then easterly along the southern boundary of Tract A to a point on the western boundary of Section 15, T1N, 1W, FM -Then northerly along the western boundary of Section 15 to Noel Drive within Ridgetop Subdivision, 2nd Addition {{FRD Plat No. 1978-142, rec. 9/13/1978}} -Then easterly on Noel Drive to the SE corner Lot 1, Block 1 of the Ridgetop Subdivision, 1st Addition {{FRD Plat No. 1978-099, rec. 6/9/1978}} where Noel Drive meets Cranberry Ridge Road - Continuing easterly on Cranberry Ridge Drive (formally Eaton Drive) along Ridgetop
Subdivision {{FRD Plat No. 1977-226, rec 12/27/1977}}, Cache Estates Subdivision {{ FRD Plat No. 1980-049, rec. 3/21/1980}} and Motts Subdivision {{FRD Plat No. 1992-025, rec. 2/20/1992}} to the NW corner of Lot 7, Block 2 of the Foxridge Heights Subdivision {{FRD Plat No. 2001-079, rec. 8/13/2001}} where Cranberry Ridge Drive transitions to Crestline
Drive - Continuing easterly along Crestline Drive to the NW corner of Lot 9 of the Summer Ridge Subdivision {{FRD Plat No. 1981-115, rec. 7/22/1981}} where Crestline Drive meets Skyline Drive (formally Skyridge Drive) -Then southeasterly on Skyline Drive to the NW corner TL-1418, Section 14, T1N, R1W, FM {{FRD Inst. No. 2014-001625-0, rec. 2/15/2014}} -Then southeasterly along the northern boundary of TL-1418 to the NW corner of TL-1436, Section 14, T1N, R1W, FM

{{FRD Inst. No. 2017-020226-0, rec. 8/29/2007}}-Continuing southeasterly along the northern boundary of TL-1436 to the NW corner of TL1416, Section 14, T1N, R1W, FM {{FRD Book 133, Page 0453, rec. 12/19/1978}}-Continuing southeasterly along the northern boundary of TL-1416 to the NW corner of TL1438, Section 14, T1N, R1W, FM {{FRD Inst. No. 2010-023684-0, rec. 12/9/2010}}-Continuing southeasterly along the northern boundary of TL-1438 to the NW corner of TL1439, Section 14, T1N, R1W, FM {{FRD Inst. No. 2013-010209-0, rec. 6/7/2013}}

3 of 6

## -Continuing southeasterly along the northern boundary of TL-1439 to the NW corner of TL1407, Section 14, T1N, R1W, FM {{FRD Book 1229, Page 663, rec. 11/27/2000}}-Continuing southeasterly along the northern boundary of TL-1407 to the NW corner of TL1431, Section 14, T1N, R1W, FM {{FRD Inst. No. 1988-011042-0, rec. 5/31/1988}} - Continuing southeasterly along the northern boundary of TL-1431 to its SE corner, which is a point on Skyline Drive - Continuing easterly on Skyline Drive through the Fiess Subdivision {{FRD Plat No. 1986-088, rec. 7/3/1986}}

to the NE corner of Lot 1, Block 1 of the Skylane Panorama Subdivision {{FRD Plat No. 1974-103, rec. 9/26/1974}} where Skyline Drive transitions to Linda Lou Lane -Then southerly on Linda Lou Lane through the Skylane Panorama Subdivision to the NE corner of TL-1409, Section 14, T1N, R1W, FM {{FRD Inst. No. 1987-027626-0, rec. 12/18/1987}} -Continuing southerly along the eastern boundary of TL-1409 to the NE corner of TL-1452, Section 14, T1N, R1W, FM

{{FRD Inst. No. 1987-027626-0, rec. 12/18/1987}}

- Continuing southerly along the eastern boundary of TL-1452 to the NW corner of Lot 2 of the Wood Chopper Heights Subdivision, 1st Addition {{ FRD Plat No. 2012-061, rec. 8/20/2012}} -Then easterly along the northern boundary of the Wood Chopper Heights Subdivision, 1st Addition to the NW corner of TL-1309, Section 13, T1N, R1W, FM {{FRD Book 01246, Page 0161, rec. 3/27/2001}} -Continuing easterly along the northern boundary of TL-1309 to the NW corner of TL-1312, Section 13, T1N, R1W, FM

{{FRD Book 1067, Page 527, rec. 5/18/1998}}

- Continuing easterly along the northern boundary of TL-1312 to the NW corner of Lot 1, Block G of the Sun Valley Estates Subdivision, 2nd Addition {{FRD Plat No. 1983-120, rec. 7/18/1983}}

- Continuing easterly along the northern boundary of the Sun Valley Estates Subdivision, 2nd Addition to the SE corner of Lot 329 of the McGrath Estates Subdivision, Portion 3 & 3A {{FRD Plat No. 1982-053, rec. 4/16/1982}} which is a point on Hawk Road. -Then northeasterly on Hawk Road to the SW corner of Lot 205 of the McGrath Estates Subdivision, Portion 2 {{FRD Plat No. 1977-016, rec. 2/8/1977}} -Then northerly along the western boundary of the McGrath Estates Subdivision, Portion 2 to the NW corner of Lot 202 of the McGrath Estates Subdivision, Portion 2

4 of 6

## - Then easterly along the northern boundary of the McGrath Estates Subdivision, Portion 2 to

the NW corner of Lot 1, Block C of the McGrath Estates Subdivision {{FRD Plat No. 1976­ 031, rec. 4/29/1976}}

- Continuing easterly along the northern boundary of the McGrath Estates Subdivision to the NW corner of TL-1314, Section 13, T1N, R1W, FM {{FRD Book 1256, Page 137, rec. 5/11/2001}} -Continuing easterly along the northern boundary of TL-1314 to the NW corner of Lot 1A-1, Block 5 of the Sunny Hills Terrace Subdivision, 2nd Addition {{FRD Plat No. 2013-063, rec. 6/27/2013}} -Continuing easterly along the northern boundary of Lot 1A-1 to the NW corner of Lot 3A, Block 5 of the Sunny Hills Terrace Subdivision, 2nd Addition {{FRD Plat No. 2009-020, rec. 2/18/2009}} - Continuing easterly along the northern boundary of Lot 3A to the NW corner of Lot 4, Block 5 of the Sunny Hills Terrace Subdivision, 2nd Addition {{FRD Plat No. 1965-6678, rec. 9/9/1968}}

- Continuing easterly along the northern boundary of the Sunny Hills Terrace Subdivision, 2nd Addition to Broadview Drive. - Then southerly on Broadview Drive to McGrath Road. -Then northeasterly on McGrath Road to the intersection of Old Steese Highway and Hagelbarger Avenue. - Continuing easterly on Hagelbarger Avenue through the Blueberry Ridge Subdivision {{FRD Plat No. 1968-1771, rec. 3/1/1968}}, the Grandview Subdivision {{FRD Plat No. 1968-5868, rec. 6/27/1968}},

the Cottonwood Hill Subdivision {{FRD Plat No. 2014-043, rec. 4/10/2014 }}, the Gackstetter Subdivision {{FRD Plat No. 1980-054, rec 4/1/1980}} and the Karelia Subdivision {{FRD Plat No. 1980-101, rec. 4/18/1980}} to the intersection of the Steese Hwy
and Bennett Rd - Then southeasterly on Bennett Road to Steele Creek Road -Then easterly on Steele Creek Road to a point on the southern boundary of TL-2029, T1N, R1E, FM {{FRD Book 463, Page 188, rec. 1/10/1986}} -Then easterly along the southern boundary of TL-2029 to its NE corner, which is a point on the southern boundary of Section 17, T1N, R1E, FM -Then easterly along the southern boundary of Section 17 to the SW corner of Section 16, T1N, R1E, FM

5 of 6

## Then northerly along the western boundary of Section 16 to a point on Steele Creek Road

Then easterly on Steele Creek Road to Chena Hot Springs Road Then easterly on Chena Hot Springs Road to the eastern boundary of the EPA designated non-attainment area.

6 of 6

# Alaska Department of Environmental Conservation

Amendments to: Stat e Air Quality Control Plan

Vol. II I : A ppendix III.D.5. 12

{Appendix to Volume II. Analysis of Problems , Control Actions; Section III. Area- wide Pollutant Control Program; D. Particulate

Matter; 5. Fairbanks North Star Borough PM2.5 Control Plan }

Adopted

Septe mber 7, 201 6

Bill Walker Governor

Larry Hartig Commissioner( This page serves as a placeholder for two

- sided copying)

## Appendix III.D.5. 12

FNSB A ir

Qu ality Ordinances.

ADEC & FNSB MOU January 2010.

MOA f or t he Se lectio n & F unding o f P rojects Funded by C MAQ within the F NSB P M2.5

Nonattainment Area.( This page serves as a placeholder for two

- sided copying)

### Title 8 HEALTH AND SAFETY

Chapters:

8.01 Emergency Medical Service

8.02 Health and Social Services

8.03 Emergency Communication Services

8.04 

### Repealed

8.05 Carbon Monoxide Emergency Episode Prevention Plan

8.06 Oxygenated Fuel

8.07 Curfew for Minors

8.08 Fireworks

8.10 Solid Waste Collection District

8.12 Garbage and Solid Waste

8.14 Abandoned Vehicles

8.16 

### Repealed

8.18 

### Repealed

8.20 Vehicle Plug-In Program

8.21 PM 2.5 Air Quality Control Program

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 1 of 49

### Chapter 8.01

EMERGENCY MEDICAL SERVICE

Sections:

8.01.010 Creation of powers.

8.01.020 Emergency medical service – Intent.

8.01.030 Emergency medical services (EMS) boards.

8.01.040 

### Repealed.

8.01.050 Functions and duties.

8.01.060 Organization.

8.01.070 Definitions.

8.01.010 Creation of powers.
There is established a nonareawide service within the borough designated “Fairbanks North Star Borough Emergency Medical and Facilities Service” within the area outside of the cities of Fairbanks and North Pole, as shown on the corresponding map in the clerk’s office. The Fairbanks North Star Borough Emergency Medical Service area shall have emergency medical services and facilities, including ambulance powers. (Ord. 83-154 § 2, 1983)

8.01.020 Emergency medical service – Intent.

The borough shall exercise the power to provide emergency medical service as approved by the electorate to promote efficiency and performance of emergency medical services throughout the borough. (Ord. 83-154 § 2, 1983)

8.01.030 Emergency medical services (EMS) boards.
A. EMS Advisory Board. There is created an emergency medical services board, which shall consist of members appointed by the mayor with assembly concurrence. The composition of

the board shall be as follows:

1. Three citizens-at-large;

2. Three service unit representatives (nominations to be elected by all EMS service units collectively);

3. One medical board representative;

4. One Fairbanks Memorial Hospital representative;

5. One regional EMS planning agency representative;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 2 of 49

### 6. One Fairbanks North Star Borough EMS coordinator (ex officio, nonvoting);

7. One Fairbanks North Star Borough assembly member (ex officio, nonvoting).

The EMS advisory board shall contain no more than nine voting members.

B. Medical Board. There is created a medical board which shall consist of members appointed by the mayor with assembly concurrence. The composition of the medical board shall be as

follows:

1. Seven physicians, to include at least one emergency room physician and one physician-at-large (non-EMS related);

2. One ambulance service unit representative (to be selected by provider groups);

3. One nonambulance EMS service unit representative (to be selected by provider groups);

4. One Fairbanks North Star Borough EMS coordinator (ex officio, nonvoting).

The medical board shall contain no more than nine voting members. (Ord. 87-034 § 2, 1987; Ord. 83-154 § 2, 1983)

8.01.040 Board compensation.


### Repealed by Ord. 87-034. (Ord. 83-154 § 2, 1983)

8.01.050 Functions and duties.
A. The EMS advisory board shall act as an emergency medical service advisory board for the area outside of the cities of Fairbanks and North Pole to the mayor, including making studies, holding public hearings, and making recommendations to the mayor in conjunction with medical board recommendations, on areas which may include, but are not limited to, the following:

1. Levels of EMS service;

2. Capital improvement projects;

3. The annual operational budget of service units;

4. Emergency medical service policies and procedures;

5. Emergency medical services training units;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 3 of 49

### 6. Appropriate equipment for service units;

7. Service unit personnel qualifications;

8. Service unit backup equipment;

9. New emergency medical service unit areas and locations;

10. Fees to be charged for ambulance service;

11. Mutual aid and support agreements with ambulance services of other jurisdictions and with private ambulance services;

12. The EMS policy manual;

13. 

### Repealed by Ord. 87-034;

14. The proposed annual budget for emergency medical services within the Fairbanks North Star Borough;

15. Capital improvement needs for each service unit;

16. Ordinances and actions to be taken by the mayor;

17. Consultations with other advisory bodies, such as the planning commission, medical board, and any other medical, health, or public safety organizations.

Each service unit shall coordinate directly with the EMS advisory board in regard to its budget and all other matters for which the board is responsible.

B. The medical board shall perform the following functions and duties:

1. Create and supervise standing orders;

2. Establish medical communication protocols;

3. Establish medical criteria for new and current levels of service, to include:

a. Desirable response times;

b. Personnel qualifications and levels of training;

c. Medical equipment needs for designated levels of service;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 4 of 49

### d. Response area boundaries, medical facilities, and changes to existing service

areas;

4. Approve all medical equipment and training requests that require borough funding. (Ord. 87-034 § 2, 1987; Ord. 83-154 § 2, 1983)

8.01.060 Organization.
All matters of administration shall be the responsibility of the emergency medical services (EMS) coordinator. (Ord. 87-034 § 2, 1987; Ord. 83-154 § 2, 1983)

8.01.070 Definitions.
As used herein, “service unit” means a geographically defined area to which a certain emergency medical service group is assigned. (Ord. 87-034 § 2, 1987; Ord. 83-154 § 2, 1983)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 5 of 49

### Chapter 8.02 HEALTH AND SOCIAL SERVICES

Sections:

8.02.010 Definitions.

8.02.010 Definitions.
“Health and social services” means programs that are essential to the maintenance of life or focus primarily on prevention such as health screening, preventive services and referral. (Ord. 93-039 § 3, 1993)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 6 of 49

### Chapter 8.03

EMERGENCY COMMUNICATION SERVICES

Sections:

8.03.010 Enhanced 911 emergency reporting system.

8.03.020 Definitions.

8.03.030 Enhanced emergency reporting systems.

8.03.040 

### Repealed.

8.03.010 Enhanced 911 emergency reporting system.
A. Pursuant to AS 29.35, any 

### local exchange telephone company providing service within the 

### borough shall cooperate in the establishment of an enhanced 911 emergency reporting
system.

B. The area served by the 

### enhanced 911 system shall be the entire Fairbanks North Star Borough, excluding Eielson Air Force Base. (Ord. 2014-29 § 3, 2014; Ord. 2013-64 § 3, 2013; Ord. 93-057 § 2, 1993)

8.03.020 Definitions.
In this chapter and Chapter 3.60 FNSBC, the following definitions apply:

“ 

### 911 PSAP selective router demarcation point ” is the physical point at which the public network of a telecommunications company ends and the private network of the 

### borough ’s 911 system begins.

“ 

### 911 service area ” or “ 

### enhanced 911 service area ” means the area within the 

### borough that has been designated to receive enhanced 911 service; the area designated to receive an 

### enhanced 911 system is not a “service area” under Article X, Section 5 of the Alaska

Constitution.

“ 

### Borough ” means the Fairbanks North Star Borough.

“ 

### Enhanced 911 equipment

” means any equipment dedicated to the operation of, or use in, the establishment, operation or maintenance of an 

### enhanced 911 system , including customer premises equipment, automatic number identification or automatic location identification controllers and display units, printers, recorders, software and other essential communication equipment.

“ 

### Enhanced 911 system ” or “ 

### system ” means a telephone system consisting of network,

database and 

### enhanced 911 equipment

that uses the single three-digit number, 911, for

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 7 of 49

### reporting a medical, fire, police, or other emergency situation, and which enables the users of a public telephone system to reach a 

### public safety answering point and includes the personnel required to acquire, install, operate and maintain the system.

“ 

### Local exchange access line ” means a telephone line that connects a 

### local exchange

service customer to the 

### local exchange telephone company switching office and has the capability of reaching local public safety agencies, but does not include a line used by a carrier to provide interexchange services.

“ 

### Local exchange service ” means the transmission of two-way interactive switched voice communications furnished by a 

### local exchange telephone company within the Fairbanks North Star Borough, including access to 

### enhanced 911 systems

.

“ 

### Local exchange telephone company

” means a telephone utility certified by the Alaska Public Utilities Commission to provide 

### local exchange service in the Fairbanks North Star Borough.

“ 

### Public safety answering point

” means a 24-hour local communications facility that receives 911 service calls and directly dispatches emergency response services or that relays calls to the appropriate public or private safety agency. (Ord. 2013-64 § 4, 2013; Ord. 2010-59 § 3, 2011; Ord. 93-057 § 2, 1993)

8.03.030 Enhanced emergency reporting systems.

A. The 

### borough may purchase, lease or contract for any 

### enhanced 911 equipment or services required to establish or maintain an 

### enhanced 911 system at 

### public safety answering points from a 

### local exchange telephone company

or other qualified vendor of an 

### enhanced 911 system

.

B. If the 

### enhanced 911 system is to be provided for an area that is included in more than one telephone company service area, the 

### borough may enter into such agreements as are necessary to establish and operate the 

### system

.

C. The 

### borough hereby designates both 911 Cushman Street and 800 William C Leary Lane

in Fairbanks as the two 

### 911 PSAP selective router demarcation points solely for the purposes of 911 call delivery by telecommunications carriers. (Ord. 2013-64 § 5, 2013; Ord. 93-057 § 2, 1993)

8.03.040 Enhanced 911 advisory committee.


### Repealed by Ord. 2014-13. (Ord. 2010-59 § 4, 2011; Ord. 94-010 § 2, 1993)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 8 of 49

### Chapter 8.04 AIR POLLUTION

(Repealed by Ord. 2013-07)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 9 of 49

### Chapter 8.05

CARBON MONOXIDE EMERGENCY EPISODE PREVENTION PLAN

Sections:

8.05.010 Purpose.

8.05.020 Episode criteria.

8.05.010 Purpose.

The Fairbanks area emergency episode prevention plan is designed to prevent carbon monoxide concentrations within the borough from reaching levels which endanger the public health. Primary responsibility for implementation of this plan rests with the borough’s air quality division of the department of transportation. (Amended during 1993 republication; Ord. 85-065 § 2, 1985)

8.05.020 Episode criteria.
A. During the winter months of November through February the borough shall review daily carbon monoxide data. When the CO concentration reaches the onset level for an episode and is expected to remain at that level for 12 hours, an alert will be declared.

B. The following definitions are adopted:

“Alert” means when the FNSB air quality division determines, using available data, that a violation of the nine parts per million for an eight-hour average will likely occur.

“Episode” means when conditions reach alert status.

“Forecast” means a description of the current dispersion conditions described as good, fair orpoor and including the expected CO concentrations expressed in parts per million for an eighthour average.

“Maintenance area” means:

1. The Fairbanks/Fort Wainwright subarea, including Township 1 South, Range 1 West, Sections 2 through 23, the portion of Section 1 west of the Fort Wainwright military reservation boundary, and the portions of Section 24 north of the Old Richardson Highway and west of the military reservation boundary;

2. Township 1 South, Range 2 West, Sections 13 and 24, the portion of Section 12 southwest of Chena Pump Road, and the portions of Sections 14 and 23 southeast of
the Chena River;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 10 of 49

### 3. Township 1 South, Range 1 East, Sections 7, 8 and 18, and the portions of Section 19

north of the Richardson Highway; and

4. The North Pole subarea, including Township 2 South, Range 2 East, and the portions of Section 9 and 10 southwest of the Richardson Highway.

C. Carbon Monoxide Control Measures. FNSB air quality division will notify local media to

ensure the declared alert is broadcast. Information within the notification will contain the CO forecast and procedures to reduce sources of CO, e.g., use of public transportation, use of engine preheating, elimination of unnecessary use of motor vehicles. (Ord. 2013-07 § 3, 2013; Ord. 2004-61 § 2, 2004; Ord. 2003-71 § 2, 2003; amended during 1993 republication; Ord. 91-044 § 2, 1991; Ord. 85-065 § 2, 1985)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 11 of 49

### Chapter 8.06 OXYGENATED FUEL

Sections:

8.06.010 Purpose.

8.06.020 Definitions.

8.06.030 Unlawful acts.

8.06.040 Penalty for violations.

8.06.010 Purpose.
The purpose of this chapter is the protection of health and safety of the residents of the Fairbanks North Star Borough from problems caused by the use of oxygenated fuel.

It establishes a zero tolerance local ambient air quality standard as provided for by 42 USC 7545(M)(3). (Ord. 94-018 § 2, 1994)

8.06.020 Definitions.
“Borough” means the Fairbanks North Star Borough.

“Mandate” includes, but is not limited to, cases where sanctions of any kind are proposed for failure to adopt an oxygenated fuel program.

“Oxygenated fuel” means a fuel that:

1. Contains an average of 2.7 percent oxygen by weight for the control period; and

2. Contains at least 2.0 percent oxygen by weight. (Ord. 94-018 § 2, 1994)

8.06.030 Unlawful acts.
A. No public official or government entity may cause or enforce mandatory sales and use of oxygenated fuel within the borough.

B. This chapter shall remain in effect until such time that the federal, state and borough governments certify, in conjunction with independent peer-reviewed scholarly confirmation, that the oxygenated fuel to be used in the Fairbanks North Star Borough is not harmful to the health and safety of borough residents and their environment. (Ord. 94-018 § 2, 1994)

8.06.040 Penalty for violations.
A. Nothing in this chapter shall prohibit the Fairbanks North Star Borough from taking civil action for violations of any provisions of this chapter.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 12 of 49

### B. Nothing in this chapter shall prohibit individuals from taking civil action for violations of their rights or for the compromising of their health and safety. (Ord. 94-018 § 2, 1994)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 13 of 49

### Chapter 8.07 CURFEW FOR MINORS

Sections:

8.07.010 Definitions.

8.07.020 Offenses.

8.07.030 Exceptions.

8.07.040 

### Repealed.

8.07.010 Definitions.

In this chapter:

“Curfew hours” means:

1. September through May:

a. 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day; and

b. 1:00 a.m. on any Saturday and Sunday until 5:00 a.m. of the same day.

2. June through August: 1:00 a.m. on any day until 5:00 a.m. of the same day.

“Emergency” means an unforeseen combination of circumstances or the resulting state that
calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, automobile accident, or any situation requiring immediate action to prevent physical injury or

loss of life.

“Establishment” means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

“Guardian” means:

1. A person who, under court order, is the guardian of the minor; or

2. Public or private agency with whom a minor has been placed by a court.

“Knowingly” means, with respect to conduct or to a circumstance described by a provision of law defining an offense, that a person is aware that his or her conduct is of that nature or that the circumstance exists; when knowledge of the existence of a particular fact is an element of an offense, that knowledge is established if a person is aware of a substantial probability of its existence, unless the person actually believes it does not exist.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 14 of 49

### “Minor” means any person under the age of 18 years.

“Operator” means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

“Parent” means a person who is:

1. A natural parent, adoptive parent, or stepparent of another person; or

2. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

“Physical injury” means a physical pain or an impairment of physical condition.

“Public place” means any place to which the public or a substantial group of the public has access, and includes but is not limited to streets, highways, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

“Remain” means to:

1. Linger or stay; or

2. Fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises. (Ord. 98-043 § 2, 1998)

8.07.020 Offenses.
A. A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Fairbanks North Star Borough during curfew hours.

B. A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Fairbanks North Star Borough during curfew hours in violation of this chapter. Indifference as to the activities or whereabouts of the minor shall be prima facie

evidence of insufficient control.

C. The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. (Ord. 98-043 § 2, 1998)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 15 of 49

### 8.07.030 Exceptions.
A. It is an exception to prosecution under FNSBC 8.07.020 (A) and (B) if the minor was:

1. Accompanied by his or her parent or guardian;

2. On an errand at the written direction of his or her parent or guardian, without any detour or stop (written direction must be signed, timed, and dated by the parent or guardian and must indicate the specific errand);

3. Involved in an emergency;

4. Engaged in an employment activity, or going to or returning from an employment activity, without detour or stop;

5. On the public right-of-way immediately abutting the minor’s residence or immediately abutting the residence of a next door neighbor, if the neighbor did not complain to the police department about the minor’s presence;

6. Attending, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Fairbanks North Star Borough, Fairbanks North Star Borough School District, a civic organization, or another similar entity that takes responsibility for the minor;

7. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

8. Married or had disabilities of minority removed in accordance with AS 9.55.

B. It is an exception to prosecution under FNSBC 8.07.020 (C) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (Ord. 98-043 § 2, 1998)

8.07.040 Penalties.


### Repealed by Ord. 2013-26. (Ord. 2012-66 § 4, 2013; Ord. 98-043 § 2, 1998)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 16 of 49

### Chapter 8.08
FIREWORKS 1



### Sections:

8.08.010 Defined.

8.08.020 Sale prohibited.

8.08.030 Use restricted.

8.08.040 Displays – Permit required.

8.08.050 Authorized sale and use.

8.08.060 Penalty for violations.

8.08.010 Defined.

“ 

### Fireworks ” means and includes any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of nonmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance, except that the term “ 

### fireworks ” shall not include auto flares, ammunition, paper caps, containing not in excess of an average of 0.25 of a grain of explosive content per cap manufactured in accordance with the Interstate Commerce Commission regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns, or other devices for use of such caps, and sale and use of which shall be permitted at all times. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.010)

8.08.020 Sale prohibited.

The sale of 

### fireworks

is prohibited. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.020)

8.08.030 Use restricted.
Except as provided in FNSBC 8.08.040 and 8.08.050 , no person shall, except on real property owned by him, under his control or with permission granted by the owner, use or explode 

### fireworks . The mayor may, in times of extreme fire danger, prohibit all use or explosion of 

### fireworks

in the Fairbanks North Star Borough within the areas outside the cities of Fairbanks and North Pole. (Ord. 2014-16 § 2, 2014; Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.030)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 17 of 49

### 8.08.040 Displays – Permit required.

A. 

### Fireworks may be used for public displays by municipalities, fair associations, amusement parks and other organizations or groups of individuals, under the following conditions:

1. A permit is obtained from the borough mayor or his authorized representative after approval of the local fire authorities;

2. In determining whether to issue or deny a permit for the use of 

### fireworks at a public display, the borough mayor or his designee shall consider the following:

a. The location of the proposed display and the surrounding property;

b. The type of 

### fireworks

and the length of the proposed display;

c. The danger of the proposed display to persons and property; and

d. The experience and the competency in handling 

### fireworks of the person in charge of the proposed display;

3. A bond is filed with the borough, in the amount of at least $1,000 to ensure payment of all damages to persons or property caused by the display. The bond requirement will not be operative if the holder of the permit has in effect an insurance policy which accomplished the same purpose as the bond.

B. No permit is transferable.

C. Any 

### fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of 

### fireworks remaining. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.040)

8.08.050 Authorized sale and use.

Nothing in this chapter shall be construed to prohibit any resident wholesaler, dealer or jobber

to sell at wholesale such 

### fireworks

as are not herein prohibited; or the sale of any kind of



### fireworks provided the same are to be shipped directly out of the borough, in accordance with the Interstate Commerce Commission regulations covering the transportation of explosives and other dangerous articles by motor, rail, and water; or the use of 

### fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. This chapter does not pertain to those explosives or devices

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 18 of 491 

### used in construction, logging or mining and would not prohibit the use of these explosives or devices in such activities. (Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.050)

8.08.060 Penalty for violations.
Every person, firm, corporation, club, association or organization violating any of the provisions of this chapter is guilty of a violation punishable by a $1,000 fine. (Ord. 2013-65 § 17, 2013; Ord. 72-27, 1972; Ord. 72-5, 1972; Ord. 69-1, 1969; prior code § 32.05.060)

For statutory provisions authorizing municipalities to regulate the offering for sale, exposure for sale, sale, use or explosion of fireworks, see AS 29.35.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 19 of 49

### Chapter 8.10

SOLID WASTE COLLECTION DISTRICT

Sections:

8.10.010 Solid waste collection district.

8.10.010 Solid waste collection district.
A. There is hereby established the Fairbanks North Star Borough solid waste collection district. The district is not a service area. The district shall consist of the area lying within the boundaries of the city of North Pole and the area outside all the cities in the borough.

B. The assembly may levy taxes, charges, or assessments in the district to finance the collection of solid waste in the district. (Recodified during 2004 republication; Ord. 91-008 § 3, 1991. Formerly 1.02.160.)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 20 of 49

### Chapter 8.12
GARBAGE AND SOLID WASTE 1



### Sections:

8.12.011 Chapter purpose.

8.12.021 Definitions.

8.12.031 Solid waste disposal facilities.

8.12.033 Recycling of materials.

8.12.034 

### Recodified.

8.12.035 Approved recyclers.

8.12.036 

### Repealed.

8.12.041 General prohibition.

8.12.046 Landfill tipping fees.

8.12.051 Use of borough waste facilities.

8.12.055 Waiver of tipping fees.

8.12.061 Collection and transportation of solid waste.

8.12.071 Penalty for violations.

8.12.011 Chapter purpose.
The declared purpose of this chapter is the protection of the public health, safety and welfare of the people of the Fairbanks North Star Borough. The chapter and any regulations promulgated pursuant thereto are intended to:

A. Control dumping and disposal of solid waste at such place and in such manner that it will not be a detriment to the health, safety and welfare of the citizens of the borough;

B. Provide facilities for the proper disposal of solid waste at minimum cost;

C. Reduce litter and littering;

D. Promote resource recovery, recycling and reuse of solid waste;

E. Preserve and enhance the beauty and quality of our environment;

F. Promote responsible agricultural practices and encourage economic activity.

No section of this chapter should be interpreted as prohibiting residents from reusing articles from the waste stream discarded at a borough transfer site. (Ord. 2009-39 § 2, 2009; Ord. 84- 29 § 2, 1984)

8.12.021 Definitions.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 21 of 49

### In this chapter unless the context requires otherwise:

“Avoided costs” means the savings realized by the solid waste collection district or solid waste disposal funds of the borough if recyclables are diverted from the landfill or separated from the waste stream prior to being deposited in the landfill or a transfer station. Avoided costs shall not include hauling costs avoided by the city of Fairbanks. Avoided hauling costs of the borough shall include avoided costs of hauling recyclables from outside the city of Fairbanks, tipping fees avoided by the taxpayers of the solid waste collection district, and calculated savings to the solid waste operation that result from a lower amount of refuse being handled at the landfill including avoided closure and post-closure costs. To determine avoided hauling costs and tipping fees, an approved recycler must have a method of weighing the recycled goods approved as accurate and verifiable by the Fairbanks North Star Borough. To determine avoided landfill costs, the methodology used will be the methodology used by the MacTech study, or other comparable study as selected at the sole discretion of the mayor, to calculate landfill costs, adjusted for the projected reduction in tonnage.

“Biomass” means a given quantity of organic material.

“Bulky wastes” are large items of refuse including but not limited to appliances, vehicles, furniture, large auto parts, tires, trees and branches, stumps and flotage.

“Commingled recyclables” means a mixture of several recyclable materials into one container.

“Curbside collection” means programs where recyclable materials are collected at the curb from special containers, to be brought to various processing facilities.

“Director” means the public works director, or his/her designee.

“Diversion rate” means a measure of the amount of recyclables diverted for recycling compared with the total amount that was previously landfilled.

“Documentation” means written proof that a quantity of recyclables has been recycled and will

not be landfilled.

“Drop-off center” means a method of collecting recyclable or compostable materials in which individuals take materials to collection sites and deposit them into designated containers.

“Garbage” means any putrescible solid and semisolid animal or vegetable wastes resulting from the production, handling, preparation, cooking, serving or consumption of food or food

materials.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 22 of 49

### “Hazardous waste” means a waste or combination of wastes that because of quantity, concentration or physical, chemical or infectious, pathological or radiological characteristics might cause, or significantly contribute to:

1. An increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or

2. A substantial present or potential hazard to human health or to the environment if improperly managed, treated, stored, transported or disposed of or otherwise managed.

“Industrial solid waste” means any waste substance or a combination thereof resulting from the operation of or from any process of industry, manufacturing, trade or business, or from the development of any agricultural or natural resources.

“Inert solid wastes” means wastes including but not limited to wood, glass, crockery, brick, plastics, rubber or other materials which have minimum potential for environmental degradation and leachate production.

“Infectious waste” means certain laboratory, surgical and hospital waste; surgical specimens including pathological specimens, tissues, blood elements, excreta and secretions obtained from patients; disposable materials that have been in contact with persons who have a suspected or diagnosed communicable disease; a substance that might harbor or transmit pathogenic organisms; disposable materials from outpatient areas, emergency rooms and rooms of patients with a suspected or diagnosed communicable disease that requires isolation; and certain equipment, including instruments, syringes and needles.

“Junk” means used materials which will not be further utilized unless collected and processed for reuse or recycling.

“Litter” means any discarded, used or unconsumed substance or waste material which has not been deposited in a suitable litter receptacle.

“Manual separation” means the separation of recyclable or compostable materials from waste by hand sorting.

“Materials recovery” means extraction of materials from the waste stream for reuse or recycling, including source separation, front-end recovery, in-plant recycling, post-combustion recovery, leaf composting, etc.

“Mechanical separation” means the separation of waste into various components using mechanical means, such as cyclones, trommels and screens.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 23 of 49

### “Putrescible waste” means material that can decompose and cause obnoxious odors.

“Recyclable metals” means copper, brass, bronze, aluminum, lead, zinc, and ferrous metals,

but does not include steel cans and those metals that are bonded or fused to other materials and cannot be readily separated.

“Recyclables” means materials that have useful physical or chemical properties after serving their original purpose and that can, therefore, be reused or remanufactured into additional products, including refuse derived fuel (RDF).

“Recycling” means the process by which a material that would otherwise be placed in the landfill is collected, reprocessed, or remanufactured, and then reused, or used for energy.

“Refuse” means any putrescible or nonputrescible solid waste, except human excreta.

“Resource recovery” means the processing of solid wastes in such a way as to produce materials or energy which may be used in manufacturing, agriculture, or other processes.

“Rubbish” means any solid waste except ashes and putrescible waste.

“Secured” means tied down or otherwise not subject to release.

“Sewage sludge” means the organic sludge generated by municipal or other wastewater collection and treatment activities, and may include primary, secondary and digested sludges, grit and screenings.

“Sludge” means any solid, semisolid or liquid waste which contains at least five percent solids by weight generated at a municipal, commercial or industrial wastewater treatment plant, septic tank, water supply treatment plant or air pollution control facility; “sludge” includes any similar material accumulated in and removed from a storage tank or surface impoundment containing oil, industrial liquid waste, acid, chemicals or other similar substances.

“Solid waste” means drilling wastes, garbage, refuse, sludge and other discarded material, including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial and agricultural operations, and from community activities. For the purposes of this chapter “solid waste” does not include:

1. Spoil and overburden from road construction, land clearing or mining operations;

2. Mining waste regulated by the Federal Surface Mining Control and Reclamation Act of 1977, as amended, and by the Alaska Surface Mining Control and Reclamation Act of

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 24 of 49

### 1982 (AS 27.21);

3. Domestic sewage and other wastes that are discharged into the pass through a sewer system to a publicly owned treatment works;

4. Industrial or mining wastes that are being collected, stored or treated in:

a. A wastewater treatment plant before discharge or removal, or

b. An industrial processing facility for continual reuse;

5. Industrial discharges that are point sources subject to permits under Section 402 of
the Federal Water Pollution Control Act, as amended;

6. Source, special nuclear, or byproduct material as defined by the Nuclear Waste Policy of 1982, as amended January 7, 1983, at Public Law 97-425.

“Source separation” means the segregation of specific materials at the point of generation for separate collection. Recyclables are source separated at residences as part of a recycling

program.

“Special solid waste” means hazardous wastes, infectious wastes, radioactive wastes, industrial wastes or sludges and sewage residues. (Ord. 2012-49 § 2, 2012; Ord. 2009-39 § 3, 2009; Ord. 2003-43 § 2, 2003; Ord. 94-045 §§ 2, 3, 1994; amended during 1993 republication; Ord. 89-038 § 2, 1989; Ord. 84-29 § 2, 1984)

8.12.031 Solid waste disposal facilities.
A. The borough may require any person dumping solid waste at the following areas to dump where specified, and may reject or impound any waste which is judged to be unacceptable. Impoundment implies that the waste and its container, but not the vehicle used to transport the waste, may be impounded. The following facilities are designated for the disposal of all types of solid waste, with the exception of special solid waste:

1. South Cushman baler and landfill;

2. Other borough-owned or borough-operated landfills.

B. Collection and transfer sites provided as part of the borough’s solid waste collection district are designated solely for the disposal of residential solid waste by residents of the borough residing outside the city of Fairbanks.

C. The following facilities are for the disposal of solid waste as approved by the owners of

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 25 of 49

### such facilities. Only persons with the prior approval of the owners may dump solid waste at

these facilities:

1. Military landfills;

2. Other containers which will be dumped at the South Cushman baler and landfill, including private dumpsters located at apartment complexes, mobile home parks and other locations. For the purposes of this paragraph, in the case of leased private dumpsters, the lessee shall be considered the owner;

3. Other locations, as approved and permitted by the state, subject to the conditions of such permits.

D. Any administrative decisions of the director or the solid waste superintendent pursuant to this chapter may be appealed to the pollution control commission. In all actions under the provisions of this chapter, the name of the complainant will be a matter of public information. (Ord. 94-056 § 2, 1994; amended during 1993 republication; Ord. 89-038 § 3, 1989; Ord. 84- 29 § 2, 1984)

8.12.033 Recycling of materials.
A. The borough shall ensure that, at all borough-owned or operated landfills and primary collection and transfer sites, separate locations or containers are provided to receive and hold recyclable materials. These may include but are not limited to:

1. Glass;

2. Aluminum cans;

3. Corrugated cardboard, flattened;

4. Computer paper;

5. Office paper;

6. Scrap metal:

a. Aluminum,

b. Copper,

c. Iron,

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 26 of 49

### d. Brass,

e. Stainless steel;

7. Car radiators;

8. Plastic;

9. Biomass material;

10. Other materials selected by the borough.

B. The borough may provide for this separation by either:

1. Ensuring that borough-provided locations or containers are available; or

2. Contracting with a private firm to furnish and service such locations or containers.

C. If the borough provides for the deposit of such materials directly, periodically the borough shall sell to recycling firms the materials collected in these locations or containers.

D. Deposit of materials other than the appropriate, designated materials in any of the thusestablished locations or containers, or the removal of any such materials, except by prior written permission of the borough, is prohibited.

E. The borough shall waive in whole or in part the tipping fee to persons, businesses and entities which separate recyclable materials into lots designated by the borough which may include aluminum, glass, plastic, cardboard, mixed paper, newspaper, electronics or wood products in loads delivered to the landfill. A waiver may be granted for other materials, if recommended by the commission and approved by the mayor with notification to the assembly. The waiver shall be no greater than 100 percent of the tipping fee. Nonseparated loads of recyclables shall not receive a waiver. The mayor is authorized to establish a rate

schedule for such waivers.

F. It is the policy of the Fairbanks North Star Borough to encourage reduction, reuse and recycling of solid wastes generated in the borough. These efforts may include payment of a portion of actual avoided costs of hauling and land filling to approved recyclers/reusers not to exceed $175,000. Subject to appropriation, avoided costs, less a 25 percent reduction, may be paid to approved recyclers when documentation is provided to show that materials separated as recyclables have been removed from the waste stream by recycling within the current fiscal year. Twenty-five percent of avoided costs may be paid to a fund established to

maintain the efforts of the commission.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 27 of 49

### G. The borough may implement a program of designated burial of source separated recyclable materials that are not removed from the waste stream. (Ord. 2009-39 §§ 4, 5, 2009; Ord. 94-045 § 4, 1994; amended by voter approval 10/5/93; Ord. 91-035 § 2, 1991; Ord. 89-060 § 2, 1990)

8.12.034 Recycling commission.


### Recodified as Chapter 2.110 FNSBC by Ord. 2011-30. (Ord. 2009-39 § 7, 2009; Ord. 94- 045 § 5, 1994)

8.12.035 Approved recyclers.

A. The recycling commission shall recommend to the administration those recyclers authorized to remove recyclables for the purpose of reuse or remanufacture who will be eligible to receive payment for tonnage of materials that will not be placed in the landfill. The commission shall evaluate proposals from recyclers. The evaluation criteria will include the following:

1. Valid Alaska business license and city license if applicable;

2. Proof of financial resources in proportion to the business purpose;

3. Authorized site approval documentation by DEC and FNSB, if necessary;

4. Submission and approval of a business plan to show:

a. Type(s) of materials to be recycled or shipped;

b. Location of approved material sites including appropriate site zoning;

c. Estimated number of tons to be recycled each month;

d. Program start date for waste generated after specified date; and

e. Consistency with the borough’s overall recycling plan.

5. The overall impact on the goal of recycling and reduction of solid wastes generated in the borough.

B. Notwithstanding FNSBC 16.30.010 through 16.30.080, the mayor or his designee may enter into a contract with any or all recyclers recommended by the recycling commission and who demonstrate an ability to make a significant positive impact on the borough’s recycling plan goals sufficient to justify the cost of the contract. No funds shall be paid pursuant to

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 28 of 49

### FNSBC 8.12.033 (F) to a recycler until a contract has been agreed to and signed by the borough and recycler. The contract shall not exceed a term of 10 years. The contract must include a provision authorizing termination at will by the mayor. (Ord. 2009-39 § 8, 2009; Ord. 94-045 § 6, 1994)

8.12.036 Recycling promotion special revenue fund.


### Repealed by Ord. 2009-39. (Ord. 94-045 § 7, 1994)

8.12.041 General prohibition.
A. No person shall dispose of solid wastes, special solid wastes or sludge in any place except

those listed in FNSBC 8.12.031

.
B. No person shall dump, throw, drop or deposit any special solid waste in the Fairbanks North Star Borough except approved haulers at approved facilities.

C. No person shall allow the accumulation of garbage, solid waste, animal feces, etc., on property where he resides or which he owns or controls to impose a threat to public health. Nothing in this section shall be construed to restrict normal agricultural practices in the rural and agricultural or general use zones.

D. No person shall discard any litter into or on any water or land within the borough, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose.

E. No person shall dump solid waste in the borough’s public dumpsters collected from any location other than individual residences located in the borough outside the city of Fairbanks.

F. No solid waste shall be dropped, deposited, discarded or otherwise disposed at a public dumpster unless it remains within the public dumpster. Any disposal outside the container is a violation of subsection (D) of this section.

G. No person shall dump at the borough’s public dumpsters bulky wastes, dead animals, infectious wastes, demolition debris or special solid wastes. (Ord. 2013-07 § 4, 2013; Ord. 94-056 § 3, 1994; Ord. 89-038 § 4, 1989; Ord. 84-29 § 2, 1984)

8.12.046 Landfill tipping fees.
A. Except as otherwise provided in this chapter, any person disposing of solid waste at the borough landfill shall pay a tipping fee established in accordance with FNSBC 3.50.010.

B. The borough mayor may permit a commercial hauler regulated by the state of Alaska to

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 29 of 49

### dispose of residential solid waste collected solely from individual residences located in the solid waste collection district and delivered directly to the borough landfill without direct payment of a tipping fee. Such tipping fees shall be paid to the landfill by the solid waste collection district. (Ord. 2001-34 § 2, 2001)

8.12.051 Use of borough waste facilities.
A. Any person wishing to dispose of solid waste generated or collected from a location outside of the borough shall be charged a fee that reflects the actual costs of providing such services, including but not limited to current operational costs, probable operational and monitoring costs for the life of the landfill, and landfill closure and replacement costs.

B. Disposal of solid waste generated or collected from a location outside of the borough shall not be permitted unless the solid waste meets the conditions of the borough’s ADEC solid waste permit.

C. Disposal of more than 25 tons of solid waste per month from a source outside of the borough shall not be permitted unless the mayor determines that:

1. The solid waste can be safely and efficiently disposed of at the borough landfill;

2. The solid waste will not significantly impact the capacity of the borough landfill; and

3. There will be no harm to the borough or the borough landfill.

D. Disposal of solid waste from a source outside the borough for longer than 60 days shall also require concurrence of the borough assembly. (Ord. 97-036 § 2 1997; Ord. 84-29 § 2, 1984)

8.12.055 Waiver of tipping fees.
A. The borough will waive the tipping fee to residents of the borough who bring minor loads of nonhazardous solid waste to the landfill. For the purpose of this subsection, loads of nonhazardous waste brought to the landfill from a residence in a passenger vehicle, a pick-up truck, or a trailer with two wheels and a single axle will be considered minor loads if the vehicle is not registered in the name of a company or business or used for commercial purposes.

B. Any Internal Revenue Code Section 501(c)(3) or 501(d) nonprofit organization which accepts clothing, furniture or other items of personal property, on a year-round basis, and sells those items of personal property to raise funds for the organization’s services, or distributes those items of personal property to persons in need, shall be exempt from paying tipping fees on that personal property which is in such disrepair that it cannot be resold and must be

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 30 of 49

### transported to and disposed of in the landfill.

C. The borough mayor may waive tipping fees for materials to the landfill for borough recycling or hazardous waste disposal programs and for community cleanup activities. The mayor may waive tipping fees for debris from private residences in the borough damaged by fire if there is no reimbursement for such waived fees from any other source. The mayor, when there is a direct and primary benefit to the public, may waive tipping fees for materials removed from deteriorated property, as defined in FNSBC 3.11.070, during the course of rehabilitation, repair, construction, reconstruction, renovation, demolition, removal or replacement of any
structure on such property. 2



### D. All other loads will be considered commercial and will be charged the usual tipping fee on the entire load. (Ord. 2005-26 § 4, 2005; Ord. 99-006 § 2, 1999; Ord. 94-085 § 2, 1994; Ord. 94-074 §§ 2, 3, 1994; Ord. 93-002 § 3, 1993; Ord. 91-056 § 2, 1991)

8.12.061 Collection and transportation of solid waste.
A. The owner or occupant of any premises, business establishment, industrial establishment, or refuse collection service shall be responsible for the collection and transportation of all solid waste accumulated at a premises, business establishment or industrial establishment to an approved solid waste disposal facility in accordance with this chapter.

B. Garbage and similar putrescible wastes, or refuse containing such materials, shall be collected and transported in containers which are covered and leakproof.

C. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill therefrom. Where spillage does occur, it is the responsibility of the collector or transporter to pick up the material, return it to the vehicle or container, and properly clean the area. Any person collecting or transporting solid waste who permits the waste to fall, leak or spill from the vehicle or who fails to clean up waste which has fallen, leaked or spilled from his vehicle shall be subject to a civil penalty not to exceed $1,000 in addition to the cost of cleanup incurred by the borough or other public agency.

D. Any person who arrives at any borough-operated solid waste disposal facility, including the South Cushman balefill/landfill and any borough solid waste transfer station, with a vehicle or

container which is not covered or with a load which is not secured is in violation of this section. (Ord. 2003-43 § 3, 2003; Ord. 84-29 § 2, 1984)

8.12.071 Penalty for violations.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 31 of 491

2 

### This chapter does not affect the private right of any person to bring an action for damages or other relief because of injury caused by garbage or solid waste. (Ord. 2013-26 § 7, 2013; Ord. 2003-43 §§ 4, 5, 6, 2003; Ord. 89-038 § 5, 1989; Ord. 84-29 § 2, 1984)

For statutory provisions authorizing municipalities to regulate garbage and solid waste collection and disposal, see AS 29.35.

Code reviser’s note: Ordinance 2005-26, amending subsection (C) of this section, may be repealed by voters through referendum.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 32 of 49

### Chapter 8.14 ABANDONED VEHICLES

Sections:

8.14.010 Definitions.

8.14.015 Unlawful acts.

8.14.020 Removal of abandoned vehicles.

8.14.030 Notice of impoundment.

8.14.040 Disposition – Destruction.

8.14.050 Disposition – Sale.

8.14.060 Waiver of claims for damages.

8.14.010 Definitions.

“Abandoned vehicle” means a vehicle that is:

1. Registered or titled as required under AS 28.10 that has been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 48 hours;

2. Registered or titled as required under AS 28.10 that reasonably appears to have been left standing or parked on private property in excess of 24 hours or upon other public property for more than 30 days, without the consent of the owner or person in charge of the property;

3. A wrecked or junked vehicle that reasonably appears to have been left unattended, standing, parked upon or within 10 feet of the traveled portion of a highway or vehicular way or area in excess of 24 hours; or

4. A wrecked or junk vehicle that reasonably appears to have been left standing or parked on private property or other public property in excess of 24 hours and without the consent of the owner or person in charge of the property.

“Director” means the director of community planning, or his designee.

“Junk vehicle” means a vehicle that:

1. Is not currently registered, except for a vehicle used exclusively for competitive racing;

2. Is stripped, wrecked, or otherwise inoperable due to mechanical failure;

3. Has not been repaired because of mechanical difficulties or because the cost of

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 33 of 49

### repairs required to make it operable exceeds the fair market value of the vehicle; or

4. Is in a condition that exhibits more than one of the following: broken glass, missing wheels or tires, missing body panels or parts, or missing drive train parts.

“Wrecked vehicle” means a vehicle that is disabled and cannot be used as a vehicle without substantial repair or reconstruction.

These definitions are for the purpose of this chapter only and shall not be used as definitions for language used in other chapters. (Ord. 2001-71 § 2, 2001; Ord. 86-017 § 42, 1986; Ord. 82-41 § 2, 1982)

8.14.015 Unlawful acts.

A. A person may not abandon a vehicle upon a highway or vehicular way or area.

B. A person may not abandon a vehicle upon public property or upon private property without the consent of the owner or person in lawful possession or control of the property. (Ord. 2001- 71 § 8, 2001)

8.14.020 Removal of abandoned vehicles.

A. An abandoned vehicle may be impounded by the director or his designee in accord with this chapter.

B. Notwithstanding subsection (A) of this section, no vehicle may be removed from private property without the written request or consent of the property owner or occupant. (Ord. 2001- 71 § 3, 2001; Ord. 82-41 § 2, 1982)

8.14.030 Notice of impoundment.
A. Within 30 days of impoundment, notice shall be given to the registered owner of record (and lienholder of record, if any) of the abandoned vehicle. When the persons involved are known, adequate notice shall be by either certified mail or personal service. The giving of notice by mail is considered complete upon the return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. If such persons are not known or cannot be located the vehicle shall be impounded and notice shall be by publication in the manner prescribed in the rules of court for service of process by publication. The director shall attempt to ascertain ownership from the Department of Public Safety.

B. Notice under this section shall contain:

1. The description of the vehicle;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 34 of 49

### 2. The date, time, grounds and place of removal;

3. An itemized statement of amounts due the borough for towing and storage and stating that such fees must be paid prior to redemption of the vehicle;

4. A statement that the vehicle will be disposed of 15 days from the date notice was mailed or published unless the vehicle is redeemed and costs paid; and

5. A statement that the owner of the vehicle may, at any time within the 15-day period, request a hearing before the director concerning whether the vehicle was left for the period specified in FNSBC 8.14.010 or concerning the amount due. (Ord. 2001-71 § 4, 2001; Ord. 82-41 § 2, 1982)

8.14.040 Disposition – Destruction.

If the director determines that an abandoned vehicle impounded pursuant to this chapter has been scrapped, dismantled or destroyed beyond repair, or if he determines that because of the age and condition of the vehicle it is no longer of significant value, he may dispose of it by crushing or other means of destruction upon the expiration of the 15-day period required by

FNSBC 8.14.030

.
The borough may also dispose of junk vehicles at the written request of the registered owner of the vehicle or person in lawful possession or control of the vehicle. This written request shall be on a form prescribed by the borough. (Ord. 2001-71 § 5, 2001; Ord. 82-41 § 2, 1982)

8.14.050 Disposition – Sale.

A. The director may sell abandoned vehicles impounded in accord with this chapter at a public

auction.

B. The public auction shall be preceded by at least 20 days’ notice of public auction posted in a newspaper of general circulation in the borough.

C. The notice of public auction shall state the description of the vehicle, date, time and place of auction, the name of the owner if known and a statement that, subject to the provisions of subsection (E) of this section, the vehicle shall be sold to the highest spot cash bidder.

D. The owner of the vehicle, upon presenting satisfactory proof of ownership, may redeem an abandoned vehicle prior to the time of sale after paying the borough towing and storage costs and a pro rata share of the cost of the notice and other costs of impoundment and sale.

E. A certificate of sale shall be issued for all vehicles sold at the auction. The certificate shall

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 35 of 49

### stipulate that the vehicle must be titled with the Department of Public Safety before the vehicle is released to the purchaser. Upon a showing that certificate of title has been obtained the vehicle will be released to the purchaser. If no such showing has been made within a 20-day period the purchase price will be returned and the vehicle may be disposed of pursuant to this section. (Ord. 2001-71 § 6, 2001; Ord. 82-41 § 2, 1982)

8.14.060 Waiver of claims for damages.
A. An owner of an abandoned vehicle, by the act of abandonment, waives any claims he may have for damage to or loss of his vehicle which may result from actions taken pursuant to this chapter. Such damage or loss includes but is not limited to accidental damage or destruction occasioned by removal transport and storage, and acts of third parties.

B. Should a vehicle purchased at auction pursuant to FNSBC 8.14.050 be damaged or destroyed prior to release, the purchaser’s remedy is limited to a return of the purchase price. (Ord. 2001-71 § 7, 2001; Ord. 82-41 § 2, 1983)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 36 of 49

### Chapter 8.16 JUNKYARDS

(Repealed by Ord. 2005-29)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 37 of 49

### Chapter 8.18

VEHICLE INSPECTION AND MAINTENANCE PROGRAM

(Repealed by Ord. 2009-36)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 38 of 49

### Chapter 8.20 VEHICLE PLUG-IN PROGRAM

Sections:

8.20.010 Vehicle plug-in program.

8.20.010 Vehicle plug-in program.
A. Parking Lot Owner Responsibilities. Between November 1st of each year and March 31st of the subsequent year, each employer or business with a total of 275 or more parking spaces with outlets within the borough maintenance area shall supply electricity to outlets located in its parking lots for use by motorists in plugging in vehicles equipped with engine heaters. Electricity shall be supplied on days when temperatures fall below 21 degrees Fahrenheit, as measured by the National Weather Service at the Fairbanks International Airport.

1. Power Cycling. Power to parking lots may be cycled on and off every other hour during days when temperatures fall below the 21 degrees Fahrenheit threshold to conserve electricity use.

2. Record Keeping. Each employer or business subject to subsection (A) of this section shall maintain a logbook that documents the days on which power is supplied to electrical outlets located in its parking lots. Notations of special circumstances that prevent the supply of electricity to outlets shall be included. The logbooks shall be maintained for a five-year period and be available for inspection upon borough request.

3. New Parking Lots.

a. Employers and businesses subject to subsection (A) of this section shall provide outlets for any new parking spaces intended for use by a motorist for longer than two

hours.

b. Notwithstanding subsection (A) of this section, an employer or business shall provide outlets for new parking spaces when such spaces increase its number of spaces intended for use by a motorist for longer than two hours to 275 or more. The employer or business shall supply electricity to such outlets on days when temperatures fall below 21 degrees Fahrenheit, as measured by the National Weather Service at the Fairbanks International Airport in accordance with this chapter.

4. Maintenance of Outlets. Each employer or business subject to subsection (A) of this section shall maintain the electrical outlets in operable condition. No employer or

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 39 of 49

### business subject to subsection (A) of this section shall decrease the number of parking

spaces with outlets without prior approval of the I/M program administrator.

B. Implementing Policies and Procedures. Within six months of the effective date of the ordinance codified in this chapter, the borough shall develop administrative policies and procedures for implementing and enforcing this program.

C. Penalties for Violation.

1. The borough may institute a civil action against an employer or business that violates a provision of this chapter. In addition to injunctive and compensatory relief, the borough may obtain a civil penalty not to exceed $1,000 for each violation. The borough may bring an action to enjoin a violation or to recover a civil penalty notwithstanding the availability of any other remedy.

2. Each day that a violation of this chapter continues constitutes a separate violation.

D. Definitions.

“Employer” or “business” means all private and public sector entities, including state, local and federal agencies, departments, offices, boards, commissions, corporations and political subdivisions or other organizational units, including the University of Alaska and school district. The total number of parking spaces includes all agencies, divisions, subsidiaries and locations of the employer or business within the borough maintenance area.

“Maintenance area” means the area located within the borough that is set out and described by federal law (40 CFR 81.302) but excluding the city of North Pole. (Ord. 2004-61 § 3, 2004; Ord. 2001-17 § 3, 2001)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 40 of 49

### Chapter 8.21

PM2.5 AIR QUALITY CONTROL PROGRAM

Sections:

8.21.010 Definitions.

8.21.020 Borough listed appliances.

8.21.025 Prohibited acts.

8.21.030 

### Repealed.

8.21.035 Enhanced voluntary removal, replacement and repair program.

8.21.040 Forecasting exceedances and voluntary restrictions in the nonattainment area during an alert.

8.21.045 Voluntary burn cessation program.

8.21.050 

### Repealed.

8.21.060 

### Repealed.

8.21.010 Definitions.
In this chapter, the following definitions apply:

“ 

### Air quality alert ” means an advisory, 

### alert

or 

### episode concerning air quality whether issued by the Fairbanks North Star Borough or the state of Alaska.

“ 

### Alert ” means a notice issued by the FNSB air quality division when the 

### division determines, using available data, that a violation of the 35 micrograms per cubic meter will likely occur.

“ 

### Appliance ” means a device or apparatus that is manufactured and designed to utilize energy and which does not require a stationary source air quality permit from the state of Alaska under

18 AAC 50.

“ 

### Cook stove ” means a wood burning 

### appliance that is designed primarily for cooking food and that has the following characteristics:

1. An oven, with a volume of 0.028 cubic meters (one cubic foot) or greater, and an oven
rack;

2. A device for measuring oven temperatures;

3. A flame path that is routed around the oven;

4. A shaker grate;

5. An ash pan;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 41 of 49

### 6. An ash clean-out door below the oven; and

7. The absence of a fan or heat channels to dissipate heat from the device.

“ 

### Division ” means the Fairbanks North Star Borough air quality division.

“ 

### Episode ” means when conditions reach 

### alert status.

“ 

### Fireplace ” means an assembly consisting of a hearth and open fire chamber of noncombustible factory-built or masonry materials and provided with a chimney, for use with solid fuels, which cannot be operated with an air to fuel ratio of less than 35 to one.

“ 

### Fireplace insert ” means a 

### solid fuel burning appliance similar in function and performance to a freestanding wood burning stove, which is made from cast iron or steel designed to be installed in an existing masonry or prefabricated 

### fireplace

.

“ 

### Forecast ” means a description of the current dispersion conditions described as good, fair, or poor and including the expected 

### PM

2.5 concentrations expressed in micrograms per cubic

meter.

“ 

### Heating appliances ” means, but is not limited to: oil furnaces, gas furnaces, wood stoves,
coal stoves, wood-fired 

### hydronic heaters , wood-fired furnaces, coal-fired 

### hydronic heaters

, coal-fired furnaces, 

### masonry heaters

, 

### pellet stoves

, 

### cook stoves , and 

### fireplaces.

“ 

### Hydronic ” means having to do with a system moving heat from one location to another by means of the circulation of a heat transfer liquid through piping or tubing.

“ 

### Hydronic heater ” means a fuel burning 

### appliance designed to (1) burn wood or other solid fuels and (2) heat building space and/or domestic hot water via the distribution, typically through pipes, of a fluid heated in the 

### appliance

.

“ 

### Masonry heater ” means a wood burning 

### appliance that complies with the guidelines of
ASTM E1602-08, Standard Guide for Construction of 

### Masonry Heaters , and:

1. Is designed and intended for operation only in a closed combustion chamber configuration; and

2. Has enough thermal storage capacity to maintain no less than 50.0 percent of themaximum masonry-mass temperature for at least four hours after the maximum masonrymass temperature has been reached; and

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 42 of 49

### 3. The 

### masonry heater

design and installation has been confirmed and documented by a qualified person or entity approved by the borough.

“ 

### Nonattainment area ” is the area depicted on the map attached to the ordinance codified in this chapter and is further defined as follows:

Township Range Delineated Boundary for the Fairbanks 

### Nonattainment Area

MTRS F001N001 – All Sections, MTRS F001N001E – Sections 2-11, 14-23, 26-
34, MTRS F001N002 – Sections 1-5, 8-17, 20-29, 32-36, MTRS F001S001E –
Sections 1, 3-30, 32-36, MTRS F001S001W – Sections 1-30, MTRS F001S002E
– Sections 6-8, 17-20, 29-36, MTRS F001S002W – Sections 1-5, 8-17, 20-29, 32-
33, MTRS F001S003E – Sections 31-32, MTRS F002N001E – Sections 31-35,
MTRS F002N001 – Sections 28, 31-36, MTRS F002N002 – Sections 32-33, 36,
MTRS F002S001E – Sections 1-2, MTRS F002S002E – Sections 1-17, 21-24,
MTRS F002S003E – Sections 5-8, 18.

“ 

### Particulate matter

” or “ 

### PM ” means total particulate matter including PM 10 and PM 2.5 (condensable and noncondensable fraction) and is a complex airborne mixture of extremely small particles and liquid droplets that are made up of a number of components, including acids, organic chemicals, metals, soil, or dust.

“ 

### Pellet fuel burning appliance ” or “ 

### pellet stove ” means a closed combustion, vented pellet burning 

### appliance with automatic components creating an active air flow system, sold with the hopper and auger combination as integral parts, and designed, warranted, safety listed, and advertised by the manufacturer specifically to be fueled by pellets of sawdust, wood products and other biomass materials while prohibiting the use of cordwood.

“ 

### PM 2.5 ” means 

### particulate matter

comprised of particles that have diameters of two and onehalf microns or less.

“ 

### Sale ” means the transfer of ownership or control.

“ 

### Solid fuel burning appliance ” means any 

### appliance , unless specifically excluded from this definition, designed to produce heat by burning nongaseous and nonliquid fuels. This
definition includes, but is not limited to:

1. Wood stoves;

2. Coal stoves;

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 43 of 49

### 3. Wood-fired 

### hydronic heaters ;

4. Wood-fired furnaces;

5. Coal-fired 

### hydronic heaters ;

6. Coal-fired furnaces; and

7. 

### Fireplace inserts

.

The following 

### appliances

are specifically excluded from this definition:

1. 

### Masonry heaters ;

2. 

### Pellet fuel burning appliances ;

3. 

### Cook stoves ; and

4. 

### Fireplaces . (Ord. 2013-35 § 3, 2013; Ord. 2013-06 § 2, 2013; Ord. 2011-32 § 2, 2011; Ord. 2011-12 § 2, 2011; Ord. 2011-03 § 2, 2011; amended by citizen initiative 10/28/10; Ord. 2010-28 § 2, 2010)

8.21.020 Borough listed appliances.

An 

### appliance shall be listed by the borough if:

A. The 

### appliance is certified by the U.S. Environmental Protection Agency as meeting the federal emissions limit standard appropriate for that 

### appliance or in the case of 

### hydronic

heaters is at least phase II qualified. For purposes of this section, “certified” means that the

solid fuel 

### appliance meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by the EPA in 40 CFR 60 Subpart AAA; or

B. The 

### appliance is tested by an accredited independent laboratory, or other qualified person or entity approved by the borough, establishing that it meets the EPA emissions limit standard appropriate for that 

### appliance or an emissions limit standard equivalent to that of a listed 

### appliance in a similar category. (Ord. 2012-61 § 2, 2012)

8.21.025 Prohibited acts.
The borough shall not, in any way, regulate, prohibit, curtail, nor issue fines or fees associated

with the 

### sale , distribution, or operation of 

### heating appliances or any type of combustible fuel. (Ord. 2013-06 § 3, 2013)

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 44 of 49

### 8.21.030 Voluntary replacement and repair program.


### Repealed by Ord. 2014-10. (Ord. 2012-61 § 3, 2012; Ord. 2011-32 §§ 3 – 9, 2011; Ord. 2010-37 §§ 2 – 5, 2010; Ord. 2010-28 § 2, 2010)

8.21.035 Enhanced voluntary removal, replacement and repair program.
The Fairbanks North Star Borough shall, to the extent funds are available and appropriated by the assembly, offer an enhanced removal, replacement and repair program to help offset the costs of removing, replacing or repairing a 

### solid fuel burning appliance (SFBA) or 

### fireplace

. This program shall be subject to the following eligibility requirements, conditions, and criteria:

A. General Requirements.

1. Application. An application approved by the 

### division and signed by all property owner(s) must be submitted along with any documentation required by the 

### division

. Applicants must fully comply with the 

### division ’s inspection process which shall verify the existence of a qualifying SFBA or 

### fireplace

.

2. Priority Ranking. Applications may be prioritized and may be limited by the 

### division in its discretion based on geographical location, the overall air quality benefit and the type of

SFBA or 

### fireplace being removed, replaced or repaired.

3. Eligibility 1 

### . The program is limited to properties within the borough’s 

### PM 2.5


### nonattainment area boundary in which a qualifying SFBA or 

### fireplace is installed. If an application is approved for the program, the applicant will be given up to 90 days to meet all of the requirements. Applicants must have no delinquent property tax or penalty or interest owing at the time of application and at completion of the program requirements.

4. Additional Requirements. In addition to the general requirements set forth in this section, applicants must also meet the following requirements:

a. Fully comply with the inspection process required by the 

### division that shall ensure that the existence of the qualifying 

### appliance to be removed, replaced or repaired is properly documented.

b. Removal of 

### appliance

.

c. Delivery of 

### appliance to an authorized decommission station.

d. Certificate of destruction delivered to the 

### division , if applicable.

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 45 of 49

### e. Final installation of a qualified 

### appliance visually verified.

f. All aspects of this section may be performed by borough-approved personnel or a borough-approved vendor.

5. Payments. Applicants will be eligible for reimbursements or, at the option of the applicant, payment may be made directly to a borough-approved vendor. Reimbursements and payments shall be available as follows:

a. Replacement of an outdoor 

### hydronic heater : With either an EPA certified SFBA with an emission rate less than or equal to 2.5 grams/hour, an EPA Phase II qualified pellet burning 

### hydronic heater

with an emission rate equal to or less than 0.2 pounds/million BTUs, or an 

### appliance designed to use pellets, home heating oil (excluding waste oil), natural gas, propane, hot water district heat, electricity or a 

### masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation).

Appliance + Fuel Payment

Up to $10,000 for purchase and

installation of the 

### appliance plus fuel payment, if applicable.

b. Replacement of a non-EPA certified SFBA, 

### fireplace , or an EPA certified SFBA that has an emission rate greater than 2.5 grams/hour: With either an EPA certified SFBA with an emission rate equal to or less than 2.5 grams/hour and an emission rate 50 percent or less than the replaced heater, or an 

### appliance designed to use pellets, home heating oil (excluding waste oil), natural gas, propane, hot water district heat, electricity or a 

### masonry heater (including parts, labor and any costs associated with upgrading the chimney to the extent required by the manufacturer of the appliance for proper installation).

Appliance + Fuel Payment
Up to $4,000 for purchase and

installation of the 

### appliance plus fuel payment, if applicable.

c. Removal of a SFBA (limited to a one-time participation in this program per

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 46 of 49

### property).

Cash Payment
$2,000 – if removing outdoor 

### hydronic heater $1,000 – if removing other SFBAs

d. Fuel Payment. If a 

### pellet fuel burning appliance or a 

### pellet stove is purchased and installed under this program, the applicant is eligible to receive an additional $300.00 payment for the purchase of pellets manufactured in the Fairbanks North Star Borough. If a wood burning 

### appliance is purchased and installed under this program, the applicant is eligible to receive an additional $300.00 payment for borough-approved pressed wood energy logs manufactured in the Fairbanks North Star Borough.

e. Repair Program.

i. The repair program will pay for the:

(A) Replacement of a wood stove’s catalytic converter that has exceeded its life span through the one-time payment of up to $750.00.

(B) Replacement of any emissions-reducing component of an EPA-certified wood stove up to the maximum amount of $750.00.

ii. In addition to the general requirements set forth in this section, applicants must fully comply with any inspection process required by the 

### division , which may be performed by a borough-approved vendor. (Ord. 2014-10 § 3, 2014)

8.21.040 Forecasting exceedances and voluntary restrictions in the nonattainment area during an alert.
A. During the winter months of October through March, the borough shall issue a daily 

### PM

forecast at 4:30 p.m. Monday through Friday. When the 

### PM concentration reaches the onset

level for an 

### episode and is expected to remain at that level for 12 hours, an 

### alert will be

declared. Once an 

### alert

is declared, 

### PM control measures set forth in this section shall be implemented and continued until the 

### alert

is cancelled.

B. Voluntary Restrictions in the 

### Nonattainment Area During an 

### Alert

.

1. Residents shall be requested to voluntarily stop operation of 

### solid fuel burning

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 47 of 49

### appliances

, 

### pellet stoves , and 

### masonry heaters in the 

### nonattainment area

.

2. The 

### division will notify local media to ensure the declared 

### alert is broadcast.

Information within the notification will contain the 

### PM forecast and procedures to reduce

sources of 

### PM . (Ord. 2010-28 § 2, 2010)

8.21.045 Voluntary burn cessation program.
The Fairbanks North Star Borough will, to the extent funds are available and appropriated by the assembly, establish a program to encourage, incentivize, and facilitate the voluntary cessation of the use of wood burning 

### appliances (i.e., wood stoves, wood-fired 

### hydronic

heaters , wood-fired furnaces, 

### fireplaces

, 

### fireplace inserts

, 

### masonry heaters or 

### pellet fuel burning appliances ) in the 

### nonattainment area during 

### air quality alerts . It is recognized that it will be difficult or impossible for some households to participate in this program (e.g., those that heat solely with wood or for which wood is a necessary supplement during periods of cold weather). Therefore, this program is intended for households that are able to use space heating alternatives with significantly lower 

### PM 2.5 emissions, including those fueled by gas,
oil, electricity, propane or district heat, but not wood or 

### pellet stoves or other wood burning 

### appliances . This program will at a minimum consist of the following components:

A. The borough may contract with an agency that will provide services to promote the program. This agency must have the standing, experience, and capability to carry out a campaign to advertise, reach out, and attract a large number of participants in the 

### nonattainment area who are willing to cease the use of a wood burning 

### appliance during 

### air quality alerts

.

B. Incentives will be provided to households that participate in the program. These incentives may include the provision of (1) a sign-up bonus such as cash, a voucher, or goods and services useful to a household that heats with wood; (2) a thank-you letter, window or yard sign; or, (3) other form of public acknowledgment. The cost of this incentive to the borough shall not exceed $25.00 per household. These incentives may be provided or augmented by private

contributions.

C. Facilitation of this program by the borough will include, but not be limited to, the provision of

notice of 

### air quality alerts

to individual households by methods such as electronic mail messages, text messages, automated phone calls, notices to radio and television stations, and information posted on electronic reader or display boards located throughout the borough in locations best suited to notify residents of 

### air quality alerts

.

D. Private contributions, including goods and/or services, will be sought for all appropriate

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 48 of 491 

### elements of the program. In general this will focus on the provision of materials, equipment, and certain one-time services, but not to fund borough staff positions. (Ord. 2014-11 § 2, 2014)

8.21.050 Voluntary emissions standard and educational program.


### Repealed by Ord. 2012-09. (Ord. 2011-03 § 9, 2011)

8.21.060 Enhanced SFBA change out program.


### Repealed by Ord. 2014-10. (Ord. 2013-35 § 2, 2013)

Code reviser’s note: Section 4 of Ordinance 2014-10 provides: “This ordinance shall be effective at 5:00 p.m. of the first Borough business day following its adoption except that the amendment expanding the program outside the borough’s PM 2.5 nonattainment area by
deleting the geographically limiting eligibility language in FNSB 8.21.035 (3) is effective January 1, 2015.”

The Fairbanks North Star Borough Code is current through Ordinance 2014-47, and legislation passed through September 25, 2014. Fairbanks North Star Borough Code Title 8 HEALTH AND SAFETY Page 49 of 49By: John Davies 1 Kathryn Dodge 2 Janice Golub 3 Introduced: 01/15/2015 4 Advanced: 01/15/2015 5 Substituted: 02/12/2015 6 Amended: 02/12/2015 7 Amended: 02/26/2015 8 Amended: 02/27/2015 9 Adopted: 02/2 7 /2015 10 Immediate 11 Reconsideration Failed: 02/27/2015 12 Adopted: 02/27/2015 13

14 FAIRBANKS NORTH STAR BOROUGH 15

16 ORDINANCE NO 2015 - 01 17

18 AN ORDINANCE AMENDING CHAPTER 8.21 OF THE FNSB CODE OF 19 ORDINANCES REGARDING THE PM2.5 AIR QUALITY CONTROL PROGRAM, 20 AMENDING 2.48.120 REGARDING THE AIR POLLUTION CONTROL COMMISSION’S 21 DUTIES, AND AMENDING 1.04.050 REGARDING THE FINE SCHEDULE TO ADD 22 VIOLATIONS OF THE PM2.5 AIR QUALITY CONTROL PROGRAM 23

24 WHEREAS, EPA, on Decem ber 22, 2008, declared part of the Fairbanks 25 North Star Borough a non

- attainment area for fine particulate pollution (PM 2.5 ); and 26

27 WHEREAS, in the winter, PM 2.5 concentrations in the non

- attainment area 28 routinely exceed the allowable limit, thereby violating the federal health

- based 29 standards; and 30

31 WHEREAS, an excessive level of PM 2.5 impacts the health and well

- being 32 of borough residents; and 33

34 WHEREAS, air quality issues could impact large scale economic 35 development, including military expansion; and 36

37 WHE REAS, studies have identified wood burning as a significant 38 contributor of PM 2.5 , particularly wood with high moisture content; and 39

40 WHEREAS, the combined effort of an educational program concerning the 41 importance of burning only dry wood and an increase in the availability of dry wood 42 could significantly reduce Borough PM 2.5 levels; and 43

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 1 of 1144 WHEREAS, PM 2.5 emissions from solid fuel burning appliances can be 45 significantly reduced through the selection and proper use of modern, EPA rated 46 models designed to meet more stringent emissions standards and by operating in 47 accordance with “best practices”, including selection of appropriate fuel sources; and 48

49 WHEREAS, voluntary, incentive

- based programs coupled with 50 comprehensive education programs have been employed in other communities to help 51 reduce PM 2.5 emissions; and 52

53 WHEREAS, voluntary measures may enable the B orough to model 54 attainment, however, it is likely that they would take more than five years to reach this 55 goal and they would not address local neighborhood problems arising from one or two 56 significant polluters, neither of which is acceptable; and 57

58 WHEREA S, the State of Alaska, through a Memorandum of Agreement 59 with the Borough, has authorized the Fairbanks North Star Borough to establish and 60 administer an area

- wide local PM 2.5 air quality control program that will operate in lieu of 61 and consistent with the State’s air quality program; and 62

63 WHEREAS the State of Alaska Department of Environmental 64 Conservation has issued draft regulations intended to be part of the State 65 Implementation Plan (SIP) as required by the EPA; those regulations provide some new 66 rest rictions on the sale of solid fuel burning appliances and firewood, and authorize the 67 borough to take on additional regulatory responsibility related to the SIP; and 68

69 WHEREAS, at the recent “Town Hall” on the PM 2.5 problem, more than 50 70 citizens provided testimony indicating that our air quality was not acceptable and that 71 they expected the Assembly to act to put into place programs that will improve the air 72 quality in the borough. 73

74 WHEREAS, it is the intent of the Fairbanks North Star Borough Assembly 75 to respond to calls for regulations that will help improve the air quality within the 76 borough by adopting a program that balances the need for clean air with the needs for 77 economically heating our buildings; and 78

79 WHEREAS, in adopting this clean air program, it is the intent of the 80 Assembly that it be enforced by concentrating on the most significant sources of PM2.5 81 pollution first, both for attainment within the Non

- Attainment area and for significant local 82 sources of pollution that affect adjacent and nearby properties; and 83

84

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 2 of 11WHEREAS, in enforcing this clean air program, it is the intent of the 85 Assembly that the focus be on assisting violators to come into compliance through the 86 use of warning, education, and assistance provided through programs such as the 87 enhanced solid fuel burning device change

- out program. 88

89 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 90 North Star Borough: 91

92 Section 1. This ordinance is of a general and permanent nature and shall 93 be codified. 94

95 Section 2. The following definitions in FNSBC 8.21.010 Definitions are 96 amended or added as follows: 97 “Advisory” means a notice issued by the FNSB Air Quality division when the 98 division determines, using available data, that a PM2.5 concentration of 25 ug/m3 has, 99 or will likely occur. 100 “Air Quality Control Zone” means the area of the Borough currently contained in 101 the EPA designated non

- attainment area, which uses the non

- attainment area southern, 102 western and eastern boundaries as modified by their respective intersection with the 103 following northern boundary described as; beginning at the intersection of Isberg Road 104 with Chena Ridge Road on the western boundary of the EPA designated non

105 attainment area, then following Chena Ridge Road back to Chena Pump Road and 106 continuing north on the Parks Highway to Sheep Creek Road, then Sheep Creek Road 107 to Miller Hill Road, then north on Miller Hill Road, then east on Yankovich, then north 108 from Yankovich Road along the east boundary of the Large Animal Research Station to 109 a point just north of its intersection with Nottingham drive and follows the ridge crest 110 across Nottingham Estates to approximately the point where Swallow Drive inters ects 111 Dalton Trail to north on Dalton Trail to the crest of the Farmer’s Loop Ridge, then follow 112 the geographic crest of Farmer’s Loop Ridge to its intersection with the New Steese 113 Highway, then south east on Bennet Road, and along Steel Creek Road to the 114 i ntersection of Chena Hot Springs Road, and Chena Hot Springs Road to the eastern 115 boundary of the EPA designated non

- attainment area. 116 “Alert ” means a notice issued by the FNSB air quality division when the division 117 determines, using available data, that a PM 2.5 violation of the 35 [MICROGRAMS PER 118 CUBIC METER] ug/m 3 has, or will likely occur. 119 “Clean wood” means natural wood that has not been painted, varnished, or 120 coated with a similar material, has not been treated with preservatives, and does not 121 contain resins or glues as in plywood or other composite wood products. 122 “Construction and demolition debris” means a conglomeration of materials from 123 construction, repair, remodeling or demolition of buildings and structures containing any 124 prohibited fuels. 125

“ Episode ” means when conditions reach or are predicted to reach advisory or 126 alert status. 127

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 3 of 11“ Forecast ” means a description of the current dispersion conditions described as 128 good, fair, or poor and including the expected PM 2.5 concentrations expressed in 129 micrograms per cubic meter. 130 “Opacity” means the reduction in transmitted light through a column of smoke as 131 measured by an observer certified in using EPA Reference Method 9 as defined by 132 federal law. 133

134 Section 3. Section 8.21.020 Borough listed appliances shall be 135 amended as follows: 136 A[N] solid fuel burning appliance shall be listed by the borough if: 137 A. The solid fuel burning appliance is certified by the U.S. Environmental Protection 138 Agency as meeting the federal emissions [LIMIT STANDARD APPROPRIATE FOR 139 THAT APPLIANCE OR IN THE CASE OF HYDRONIC HEATERS IS AT LEAST 140 PHASE II QUALIFIED ] rate of 2.5 grams o f PM 2. 5 per hour or less or for hydronic 141 heaters, meets Phase II qualifications and has an annual average emission level rating 142 equal to or less than 2.5 grams of PM2.5 per hour

. For purposes of this section, 143 “certified” means that the solid fuel burning appliance meets emission performance 144 standards when tested by an accredited independent laboratory and labeled according 145 to procedures specified by the EPA in 40 CFR 60 Subpart AAA; or 146 B. The solid fuel burning appliance is tested

, including by use of a handheld or other 147 portable device, by an accredited independent laboratory, or other qualified person or 148 entity approved by the borough, establishing that it meets an [THE EPA] emissions 149 [LIMIT STANDARD APPROPRIATE FOR THAT APPLIANCE OR AN EMISSIONS 150 LIMIT STANDARD EQUIVALENT TO THAT OF A LISTED APPLIANCE IN A SIMILAR 151 CATEGORY] rate of 2.5 grams of PM 2.5 per hour or less or for hydronic heaters the 152 appliance has an annual average emission level rating equal to or less than 2.5 grams 153 of PM2. 5 per hour. 154

155 Section 4. Section 8.21.025 Prohibited acts shall be amended as 156 follows: 157 [THE BOROUGH SHALL NOT, IN ANY WAY, REGULATE, PROHIBIT, 158 CURTAIL, NOR ISSUE FINES OR FEES ASSOCIATED WITH THE SALE

, 159 DISTRIBUTION, OR OPERATION OF HEATING APPLIANCES OR ANY TYPE OF 160 COMBUSTIBLE FUEL.] 161 A. Installation of certain solid fuel burning appliances in the non

- attainment area. 162 Within the non

- attainment area no person shall install or allow the installation of a solid 163 fuel burning appliance unless it is listed by the Borough as qualifying under this chapter 164 and the installation complies with all other requirements imposed in this chapter. It is a 165 separate violation to fail to remove a solid fuel burning appliance installed in violation of 166 this chapter. 167 B. All persons owning and selling their property within the Air Quality Control Zone 168 with an unlisted installed solid fuel burning appliance that will not be removed before 169 sale must, if the solid fuel burning appliance was not listed by the Borough as qualifying 170

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 4 of 11at the time of installation, provide a written disclosure to the buyer and to the Division 171 prior to closing. 172 C. Visible Emissions Standard in the Air Qu ality Control Zone

. 173 1. Standard. No person shall cause, permit, or allow the emission from a 174 solid fuel burning appliance in the Air Quality Control Zone to create opacity greater 175 than 20 percent for a period or periods aggregating more than 10 minutes in any hour 176 except during the first 30 minutes after the initial firing of a cold unit when the opacity 177 limit shall be less than 50 percent. 178 2. Procedur es and Enforcement. When ambient weath er and light conditions 179 permit, m ethods and procedures specified by the EPA in 40 CFR 60 Appendix A 180 reference method 9 (Visual determination of the Opacity of Emissions From Stationary 181 Sources ), or an alternative technology that replaces method 9, when the technology is 182 available and the choice is feasible, upon request of the person being investigated, shall 183 be used to determine compliance with this section. Smoke visible from a chimney, flue 184 or exhaust duct in excess of the opacity standard for a period in excess of 30 minutes 185 shall constitute prima facie evidence of unlawful operation of an applicable solid fuel 186 burning appliance

. 187 D. PM 2.5 Emissions Crossing Property Lines. No person shall cause or permit 188 emissions from a solid fuel burning appliance to impact the resident(s) of a neighboring 189 property through the creation of an emissions plume that: 190 1. crosses a property line 191 2. is observable using EPA method 22 (40 CFR 60 Appendix A), and 192 3. is 25ug/m 3 greater than the surrounding immediate vicinity background 193 PM 2.5 level using methods defined by the Borough Division of Air Quality. For purposes 194 of this subsection, the surrounding “immediate vicinity” means land within an area 195 measured 1,200 feet in all directions from the boundaries of the emitting property. 196 E. Borough

- Wide Installation Requirements for Hydronic Heaters. 197 1. Setback. Unless permitted by a variance, installing an approved pellet 198 fuel burning appliance , or replacing an existing hydronic heater with a listed appliance, 199 no person shall install or allow the installation of a hydronic heater located less than : 200

a. 330 feet from the closest property line

, or 201 b. 660 feet from a school, clinic, hospital, or senior housing unit. 202 2. Any hydronic heater installed in violation of this section shall be 203 immediately remedied or made inoperable and removed as soon as practicable; 204 however, in no case shall the time of removal be longer than 180 days after notice from 205 the Division of a violation. 206 F. Prohibited Fuels. 207 No person shall burn in the Borough any fuel, except coal in an appliance 208 designed to use coal, which is not listed in the manufacturer’s owner’s manual as an 209

acce ptable fuel for that device or any of the following items in a solid fuel burning 210 appliance: 211 1. Any wood that does not meet the definition of clean wood or has more 212 than 20% moisture content, 213

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 5 of 112. Garbage, 214 3. Tires, 215 4. Materials containing plastic or rubbe r, 216 5. Waste petroleum products, 217 6. Paints and paint thinners, 218 7. Chemicals, 219 8. Glossy or colored papers, 220 9. Construction and demolition debris, 221 10. Plywood, 222 11. Particleboard, 223 12. Saltwater driftwood, 224 13. Manure, 225 14. Animal carcasses, 226 15. Asphalt products, 227 16. Flooring products. 228 G. Sales or Leasing of Solid Fuel Burning Appliances. 229 1. No person shall sell or lease a solid fuel burning appliance or barrel stove 230 kit in the borough that does not meet the emissions limits established in 8.21.020 A. 231 unless the buyer signs an affidavit, on a form prescribed by the Borough, that the 232 appliance will not be installed or used in the Air Quality Control Zone. This section does 233 not apply to appliances or stoves that transfer pursuant to a sale of property. 234 2. No person shall commercially sell or offer for sale or lease a solid fuel 235 burning appliance in the borough unless the commercial seller or dealer provides the 236 prospective buyer or lessee, prior to any sales or lease agreement, with a written notice, 237 prepared or a pproved by the Division, that includes, but is not limited to, the following: 238

a. The fuel restrictions imposed in this chapter; 239 b. Proper installation, property location, operation, and maintenance 240 of the appliance; 241

c. An advisory statement noting that operation of solid fuel burning 242 appliances may not be appropriate in some areas due to terrain, meteorological 243 conditions, or other relevant conditions that render the operation of the appliance a 244 public nuisance or health hazard even though it is otherwise legally installed and 245 operated, and 246 3. The written notice required in this section shall be signed and dated by the 247 prospective buyer or lessee prior to purchase or lease to indicate receipt of the 248 notification requirements of this section. 249 4. The commercial dealer or seller shall mail or otherwise provide a copy of 250 the notice, any required affidavit, to the Division within thirty days of the sale. All 251 commercial dealers or sellers shall also include with the notice documentation showing 252 whether the appliance sold or leased meets the Borough’s emissions standard. 253 H. Nuisance. No person within the Fairbanks North Star Borough shall cause or 254 allow emissions of a solid fuel or waste oil burning appliance that are injurious to human life 255 or to property or that unreasonably interfere with the comfortable enjoyment of life or 256

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 6 of 11property. No person within the Fairbanks North Star Borough shall operate a solid fuel or 257 waste oil burning appliance in a manner so as to create a public or private nuisance. A 258 violation of a provision of this chapter is hereby declared to be a nuisance. 259 I. Other laws. Nothing in this section precludes other local jurisdictions from having 260 more restricti ve codes. 261 J. Penalties. Upon first conviction of an offense in this chapter, the 262 penalty(ies)/fines(s) set forth in FNSBC Title 1 regarding violations of the PM2.5 air 263 quality control program may be satisfied by completion within 60 days of a borough 264 appro ved class covering PM2.5 health concerns, non

- attainment, importance of dry 265 wood and proper operation of solid fuel burning appliances. The borough may on its 266 own initiative file notice of satisfaction of attendance requirements with the court, or the 267 defe ndant may file a certificate of completion with the court within the applicable time 268 frame. 269

Section 5. Section 8.21.040, Forecasting exceedances and voluntary 270 restrictions in the non

- attainment area during an alert, shall be amended as follows: 271 8.21.040 Forecasting exceedances and [VOLUNTARY] restrictions in the Air 272 Quality Control Zone [NON

- ATTAINMENT AREA] during an alert 273 A. During the winter months of October through March, the Borough shall issue a 274 daily PM 2.5 forecast [at] by 4:30 p.m. [MONDAY THROUGH FRIDAY]. When the PM 2.5 275 concentration reaches the onset level for an episode and is expected to remain at that 276 level for 12 hours or more , an alert or advisory will be declared. An alert or advisory may 277 apply to the Air Quality Control Zone as a whole, or to one or more sub

- areas 278 designated by the division. Once an alert or advisory is declared, PM 2.5 control 279 measures set forth in this section shall be implemented and continued until the alert or 280 advisory is cancelled. There are three levels of episodes: Stage 1, 2 and 3. The 281 obligations imposed in this sub

- section do not require, absent specific funding for that 282 purpose, any actions to be taken outside of the borough’s normal business days and 283 hours of operation. 284 B. T he Division will notify local media to ensure the declared alert or advisory is 285 broadcast. The Division shall also use social media and methods of direct 286 communication such as text messages as feasible. Information within the notification 287 will contain th e PM 2.5 forecast, Stage level for areas, and actions required to reduce 288 sources of PM 2.5 . The obligations imposed in this sub

- section do not require, absent 289 specific funding for that purpose, any actions to be taken outside of the borough’s 290 normal business days and hours of operation. 291 [B] C. Stage 1: Voluntary Restrictions in the Air Quality Control Zone [NON

292 ATTAINMENT AREA] During an [ALERT] Advisory

. 293 1. A Stage 1 air advisory is implemented when concentrations exceed or are 294 forecasted to exceed 25ug/m 3

. 295 [1] 2. Residents shall be requested to voluntarily stop operation of solid fuel 296 [BURNING APPLIANCES], pellet [STOVES ] , and waste oil burning appliance s
, [AND] 297 as well as masonry heaters and all outdoor burning that includes recreational fires such 298

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 7 of 11as b onfires, campfires and the use of fire pits, non

- permitted incinerators and burn 299 barrels in the Air Quality Control Zone [NON

- ATTAINMENT AREA]. 300 [2. THE DIVISION WILL NOTIFY LOCAL MEDIA TO ENSURE THE 301 DECLARED ALERT IS BROADCAST. INFORMATION WITHIN THE NOTIFICATION 302 WILL CONTAIN THE PM FORECAST AND PROCEDURES TO REDUCE SOURCES 303 OF PM.] 304 D. Stage 2: Required Restrictions in the Air Quality Control Zone During an Alert 305 1. A Stage 2 air alert is implemented when concentrations exceed or are 306 forecasted to exceed 35 ug/m 3

. 307 2. Burning is permitted in all borough listed appliances. No fuel source may 308 be added to the combustions chamber or firebox of any non

- listed solid fuel burning 309 appliance or waste oil burning appliance. Residents should rely instead on their home’s 310 alternate, cleaner source of heat (such as a gas or fuel oil fired furnace or boiler or 311 electric baseboard heaters) until the Stage 2 air alert is cancelled. 312 3. If a building owner or other person with a property or managerial interest 313 in the building has an approved “No Other Adequate Source of Heat” designation, the 314 building owner is exempted from complying with the Stage 2 air alert restr ictions for that 315 building. 316 4. Outdoor burning is prohibited including non

- permitted incinerators and 317 burn barrels. This does not include recreational fires such as bonfires, campfires or 318 ceremonial fires and the use of fire pits

. 319 5. These restrictions shall not apply during a power failure. 320 E. Stage 3: Required Restrictions in the Air Quality Control Zone During an Alert. 321 1. A Stage 3 air alert is implemented when concentrations exceed or are 322 forecasted to exceed 55ug/m3. 323 2. No fuel source may be added to the combustions chamber or firebox of 324 any solid fuel burning appliances, masonry heaters, pellet fuel burning appliances, cook 325 stoves, fireplaces, or waste oil burning appliances. No waste oil may be added to a 326 waste oil burning appliance. Residents should rely instead on their home’s alternate, 327 cleaner source of heat (such as a furnace, boiler or electric baseboard heaters) the 328 Stage 3 air alert is cancelled. 329 3. If a building owner or other person with a property or managerial interest 330 in the buildin g has an approved “No Other Adequate Source of Heat” designation the 331 building owner is exempted from complying with the Stage 3 air alert restrictions for that 332 building. 333 4. Outdoor burning is prohibited including non

- permitted incinerators and 334 burn barrels. This does not include recreational fires such as bonfires, campfires or 335 ceremonial fires and the use of fire pits

. 336 5. These restrictions shall not apply during a power failure or to listed 337 appliances , masonry heaters or pellet fuel burning appliances when the temperature is 338 below

- 15 as recorded at the Fairbanks International Airport. 339 Section 6. FNSB 2.48.120 Powers and duties of the Air Pollution Control 340 Commission are amend ed as follows: 341

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 8 of 11F. The commission may [SHALL] develop or review comprehensive plans for the 342 prevention, abatement, and control of air pollution in the borough. Such plans may 343 include recommendations on subjects including, but not limited to, transportation control 344 measures, zoning, taxation, research, and public relations. 345 H. After a public hearing, the commission shall determine whether a person may 346 receive a variance from the installation requirements of FNSB 8.21.020 E allowing them 347 to install a hydronic heater. In determining whether to grant the variance, the 348 commission shall consider the proposed location of the appliance, impact on 349 surrounding neighborhood, emission levels of the appliance, terrain, meteorological 350 conditions, and other relevant conditions that may render the operation of the appliance 351 at that location a nuisance or a health hazard. 352

353 Section 7. A new section, Section 8.21.043, No other adequate source 354 of heat determination , shall be added as follows : 355 A. A building

- owner or other person with a property or managerial interest in the 356 building may obtain a “No Other Adequate Source of Heat” determination from the 357 Division if: 358 1. The building

- owner(s) or other person with a property or managerial 359 interest in the building applies with the Division on a form developed by the Division. 360 2. The building

- owner(s) or other person with a property or managerial 361 interest in the building files an affidavit with the application that the subject structure 362 must be heated and the structure has no adequate heating source without using a solid 363 fuel or waste oil burning appliance or that economic hardships require the applicant’s 364 use of a solid fuel or waste oil burning appliance or complying with a restriction would 365 result in damage to property including damage to the appliance itself and its heating 366 system components. 367 B. There shall be no fee for applying for or obtaining a determination. 368 C. It shall be a violation to submit a false affidavit for a “no other adequate source of 369 heat” determination. 370 D. If the “no other adequate source of heat” appliance does not meet the standards 371 set in this chapter, the Division shall provide the applicant with information concerning 372 the borough’s voluntary removal, replacement and repair program. 373 E. Applications denied by the division may be appealed to the Air Pollution Control 374 Commission. 375

376 Section 8

. FNSB 1.04.050 Fine schedule is amended to add the 377 following: 378

Code Section Offense Penalty/Fine Mandatory Warning Required

8.21.025(A) Installation of an unlisted appliance $500.00 No

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 9 of 118.21.025(A) Failure to remove an unlisted appliance $500.00 Yes

8.21.025(B) Failure to disclose an unlisted appliance before sale $500.00 No

8.21.025(C) Violation of visible emissions standard
1 st offense $100.00 Yes

8.21.025(C) Violation of visible emissions standard
2 nd offense $500.00 No

8.21.025(D) Emissions crossing property lines 1 st offense $500.00 Yes

8.21.025(D) Emissions crossing property lines 2 nd offense $1000.00 No

8.21.025(E) Illegal installation of hydronic heaters $500.00 No

8.21.025(E) Failure to remove hydronic heaters $500.00 No

8.21.025(F) Use of prohibited fuels

-- 1 st offense $100.00 Yes

8.21.025(F) Use of prohibited fuels

-- 2 nd offense $500.00 No

8.21.025(G) Violation of commercial sale requirements $500.00 No

8.21.040(D) Violation of a stage 2 air alert restriction $500.00 Yes

8.21.040(D) Violation of a stage 3 air alert restriction $1000.00 Yes

8.21.043 Filing a false affidavit $500.00 No

379 Section 9. Effective Date

. Except for FNSBC 8.21.025 G (Commercial 380 Sales) which shall be effective 30 days after adoption, and FNSBC 8.21.025 B (sale of 381 property) which shall be effective on May 1 st , 2015, and FNSBC 8.21.025(F)(1) 382 (requirement wood be 20% moisture content) which shall be effective on October 1, 383 2015 . T his ordinance shall be effective at 5:00 pm on the first Borough business day 384

AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 10 of 11following its adoption and shall have only prospective application, meaning no provision 385 shall apply to any act, including installation or purchase of a solid fuel appliance 386 completed prior to the effective date. 387

388 PASSED AND APPROVED THIS 27 TH DAY OF FEBRUARY , 2015. 389

390

391

392

______ _____________________ 393 Kar l Kassel 394 Pr esiding Officer 395

396 ATTEST: 397

398

399

_______________________________ 400 Nanci Ashford

- Bingham, MMC 401 Borough Clerk 402
403 Ayes: Golub

, Hutchison, Lawrence, Dodge, Quist, Davies, Kassel 404 Noes: Sattley, Roberts 405

AME NDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED & CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 01 Page 11 o f 11Richardson Highway 

### Parks Highway Steese Highway



### Chena Hot Springs Rd Goldstream Road



### Airport Way Badger Road Nordale Road 

### Murphy Dome Road

Chena Pump Road 

### Chena Ridge Road College Road



### 0 5 10 2.5

Miles Chena River

Tanana River

Note: The Approved Air Quality Control Zone is approximately 158.9 square miles 

# ® PM 2.5 Regulatory Area

Air Quality Control Zone (approved 2-26-15)



### Fairbanks North Star Borough ORD 2015-001 Approved Air Quality Control Zone

for Clerk's Office GIS Division, kpf March 2nd, 2015By: Lance Roberts 1 Introduced: 04/09/2015 2 Advanced: 04/09/2015 3 Amended: 04/23/2015 4 Adopted: 04/23/2015 5
6 FAIRBANKS NORTH STAR BOROUGH 7 8 ORDINANCE NO. 201 5 - 18 9 10 AN ORDINANCE AMENDING FNSBC 8.21.035 REGARDING THE ENHANCED 11 VOLUNTARY REMOVAL, REPLACEMENT AND REPAIR PROGRAM , REMOVING 12 THE ADDITIONAL FUEL PAYMENT FROM THE PROGRAM AND AMENDING FNSBC 13 8.21.045 REGARDING THE VOLUNTARY BURN CESSATION PROGRAM 14 15 WHEREAS, the Borough Assembly recently amended FNSBC 8.21.020 16 regarding borough listed solid fuel burning appliances so that the use of that defined 17 term can now be substituted for the current lengthier description of an acceptable solid 18 fuel burning appliance replacement for the enhanced voluntary removal, replacement 19 and repair program ;and 20
21 WHEREAS, in order to maximize the limited funds available for the 22 enhanced voluntary removal, replacement and repair program, it is necessary to 23 remove the additional payment for the purchase of fuel ; and 24 25 WHEREAS, the recently amended voluntary, removal, replacement and 26 repair program largely replaces the separate voluntary burn cessation program and any 27 funds intended to be spent on the cessation program could be more efficiently spent on 28 the removal, replacement and repair program

. 29
30 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 31 North Star Borough: 32
33 Section 1. This ordinance is of a general and permanent nature and shall 34 be codified. 35
36 Section 2. FNSBC 8.21.035, Enhanced voluntary removal, 37 replacement and repair program , is hereby amended as follows: 38 The Fairbanks North Star Borough shall, to the extent funds are available and 39 appropriated by the assembly, offer an enhanced removal, replacement and repair 40 program to help offset the costs of removing, replacing or repairing a solid fuel burning 41 appliance (SFBA) or fireplace

. This program shall be subject to the following eligibility 42 requirements, conditions, and criteria: 43
44

CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 20 15 - 18 Page 1 of 5A. General Requirements. 45 1. Application

. An application approved by the division and signed by all 46 property owner(s) must be submitted along with any documentation required by the 47 division

. Applicants must fully comply with the division ’s inspection process which shall 48 verify the existence of a qualifying SFBA or fireplace

. 49 2. Priority Ranking

. Applications may be prioritized and ma y be limited by 50 the division in its discretion based on geographical location, the overall air quality 51 benefit and the type of SFBA or fireplace being removed, replaced or repaired. 52 3. Eligibility

. The program is limited to properties within the borough 53 boundary in which a qualifying SFBA or fireplace is installed

. If an application is 54 approved for the program, the applicant will be given up to 90 days to meet all of the 55 requirements

. Applicants must have no delinquent property tax or penalty or interest 56 owing at the time of application and at completion of the program requirements. 57 4. Additional Requirements

. In addition to the general requirements set forth 58 in this section, applicants must also meet the following requirements: 59

a. Fully comply with the inspection process required by the division 60 that shall ensure that the existence of the qualifying appliance to be removed, replaced 61 or repaired is properly documented. 62 b. Removal of appliance

. 63

c. Delivery of appliance to an authorized decommission station. 64 d. Certificate of destruction delivered to the division , if applicable. 65

e. Final installation of a qualified appliance visually verified. 66 f. All aspects of this section may be performed by borough

- approved 67 personnel or a borough

- approved vendor. 68 5. Payments

. Applicants will be eligible for reimbursements or, at the option 69 of the applicant, payment may be made directly to a borough

- approved vendor

. 70 Reimbursements and payments shall be available as follows: 71

a. Replacement of an outdoor hydronic heater : With either a borough 72 listed solid fuel burning appliance [N EPA CERTIFIED SFBA WITH AN EMISSION 73 RATE LESS THAN OR EQUAL TO 2.5 GRAMS/HOUR, AN EPA PHASE II QUALIFIED 74 PELLET BURNING HYDRONIC HEATER WITH AN EMISSION RATE EQUAL TO OR 75 L ESS THAN 0.2 POUNDS/MILLION BTUS], or an appliance designed to use pellets, 76 home heating oil (excluding waste oil), natural gas, propane, hot water distri ct heat, 77 electricity or a masonry heater (including parts, labor and any costs associated with 78 upgrading the chimney to the extent required by the manufacturer of the appliance for 79 proper installation). 80

Appliance + F uel Payment Up to $10,000 for purchase and installation of the appliance plus fuel payment, if applicable.

81

CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 20 15 - 18 Page 2 of 5b. Replacement of a non

- borough listed [ EPA certified ] SFBA, or 82 fireplace [ , OR AN EPA CERTIFIED SFBA THAT HAS AN EMISSION RATE GREATER 83 THAN 2.5 GRAMS/HOUR ] : With either a borough listed solid fuel burning appliance [N 84 EP A CERTIFIED SFBA WITH AN EMISSION RATE EQUAL TO OR LESS THAN 2.5 85 GRAMS/HOUR AND ] that has an emission rate 50 percent or less than the replaced 86 heater, or an appliance designed to use pellets, home heating oil (excluding waste oil), 87 natural gas, propane, hot water district heat, electricity or a masonry heater (including 88 parts, labor and any costs associated with upgrading the chimney to the extent required 89 by the manufacturer of the appliance for proper installation ). Multiple non

- borough

90 listed solid fuel burning appliances or fireplaces, or combinations thereof, may be 91 replaced with a single heating device that meets the requirements above, except for 92 those that are fired by solid fuels. Payment will be based on the number of devices 93 removed, up to a maximum of three, and may not exceed the replacement cost. 94

Appliance + F uel Payment Up to $4,000 per device for purchase and installation of the appliance plus fuel payment, if applicable.

c. Removal of a SFBA (limited to a one

- time participation in this 95 program per property). 96

Cash Payment
$2,000

– if removing outdoor hydronic heater $1,000

– if removing other SFBAs

d. F uel Payment. [ IF A PELLET FUEL BURNING APPLIANCE OR A 97 PELLET STOVE IS P URCHASED AND INSTALLED UNDER THIS PROGRAM, THE 98 APPLICANT IS ELIGIBLE TO RECEIVE AN ADDITIONAL $300.00 PAYMENT FOR 99 THE PURCHASE OF PELLETS MANUFACTURED IN THE FAIRBANKS NORTH 100 STAR BOROUGH

. ] If a wood burning appliance is purchased and installed under this 101
p rogram, the applicant is eligible to receive an additional $300.00 payment for borough

102 approved pressed wood energy logs manufactured in the Fairbanks North Star 103 Borough. 104

e. Repair Program. 105 i. The repair program will pay for the: 106 (A) Replacement of a wood stove’s catalytic converter 107 that has exceeded its life span through the one

- time payment of up to $750.00. 108 (B) Replacement of any emissions

- reducing component 109 of an EPA

- certified wood stove up to the maximum amount of $750.00. 110 ii. In addition to the general requirements set forth in this 111 section, applicants must fully comply with any inspection process required by the 112 division , which may be performed by a borough

- approved vendor. 113

CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 20 15 - 18 Page 3 of 5114 Section 3. FNSBC 8.21.045, Voluntary burn cessation program , is 115 hereby amended : 116 8.21.045 V oluntary burn cessation program

. 117 T he F airbanks N orth S tar B orough will, to the extent funds are available and 118 appropriated by the assembly, establish a program to encourage, incentivize, and 119 facilitate the voluntary cessation of the use of wood burning appliances (i.e., wood 120 stoves, wood

- fired hydronic heaters , wood

- fired furnaces, fireplaces

, fireplace inserts

, 121 masonry heaters or pellet fuel burning appliances ) in the [ NONATTAINMENT AREA ] air 122 quality control zone during air quality alerts

. I t is recognized that it will be difficult or 123 impossible for some households to participate in this program (e.g., those that heat 124 solely with wood or for which wood is a necessary supplement during periods of cold 125 weather). T herefore, this program is intended for households that are able to use space 126 heating alternatives with significantly lower pm 2.5 emissions, including those fueled by 127 gas, oil, electricity, propane or district heat, but not wood or pellet stoves or other wood 128 burning appliances

. T his program will at a minimum consist of the following 129 components: 130 A. The borough may contract with an agency that will provide services to 131 promote the program. This agency must have the standing, experience, and capability 132 to carry out a campaign to advertise, reach out, and attract a large number of 133 participants in the nonattainment area who are willing to cease the use of a wood 134 burning appliance during air quality alerts

. 135 B. [ INCENTIVES WILL BE PROVIDED TO HOUSEHOLDS THAT 136 PARTICIPATE IN THE PROGRAM. THESE INCENTIVES MAY INCLUDE THE 137 PROVISION OF (1) A SIGN

- UP BONUS SUCH AS CASH, A VOUCHER, OR GOODS 138 AND SERVICES USEFUL TO A HOUSEHOLD THAT HEATS WITH WOOD ; (2) A 139 THANK

- YOU LETTER, WINDOW OR YARD SIGN; OR, (3) OTHER FORM OF PUBLIC 140 ACKNOWLEDGMENT. THE COST OF THIS INCENTIVE TO THE BOROUGH SHALL 141 NOT EXCEED $25.00 PER HOUSEHOLD. THESE INCENTIVES MAY BE PROVIDED 142 OR AUGM ENTED BY PRIVATE CONTRIBUTIONS. 143 C. ] Faci litation of this program by the borough will include, but not be limited 144 to, the provision of notice of air quality alerts to individual households by methods such 145 as electronic mail messages, text messages, automated phone calls, notices to radio 146 and television stations, and information posted on electronic reader or display boards 147 located throughout the borough in locations best suited to notify residents of air quality 148 alerts

. 149 [D ]C

. Private contributions, including goods and/or services, will be sought for all 150 appropriate elements of the program. In gen eral this will focus on the provision of 151 materials, equipment, and certain one

- time services, but not to fund borough staff 152 positions. 153
154 Section 4 . Effective Date. This ordinance shall be effective at 5:00 p.m. 155 of the first Borough business day following its adoption. 156
157

CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 20 15 - 18 Page 4 of 5PASSED AND APPROVED TH IS 23 RD DAY OF APRIL , 201 5. 158 159
160

___________________________ 161 Karl Kassel 162 Presiding Officer 163
164 ATTEST: 165
166
167

_______________________________ 168 Nanci Ashford

- Bingham, MMC 169 Borough Clerk 170 171 Ayes: Golub, Sattley, Hutchison, Roberts, Lawrence, Dodge, Quist, Davies, Kassel 172 Noes: None 173
174

CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fai rbanks North Star Borough, Alaska ORDINANCE NO. 20 15 - 18 Page 5 of 5CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 29 Page 1 of 4 By: Kathryn Dodge 1 Jo hn Davies 2 Introduced: 04/23/2015 3 Advanced: 04/23/2015 4 Substituted: 06/25/2015 5 Amended: 06/25/2015 6 Adopted: 06/25/2015 7

8

9
10 FAIRBANKS NORTH STAR BOROUGH 11

12 ORDINANCE NO. 2015 – 29 13

14 AN ORDINANCE AMENDING FNSBC 8.21.025.B TO PERMIT FILING OF PROPERTY 15 SALE WRITTEN DISCLOSURES WITH THE AIR QUALITY DIVISION AFTER THE 16 RECORDING OF THE SALE AND AMENDING FNSBC 8.21.040 CONCERNING USE 17 OF APPLIANCES THAT WERE BOROUGH LISTED AT THE TIME OF INST ALLATION 18 DURING A STAGE 2 & 3 AIR ALERT 19

20 WHEREAS, As part of the recently adopted PM 2.5 Air Quality Control 21 Program, borough code requires certain property sellers to provide written disclosures 22 to the buyer and to the borough’s Air Quality Division, prior to closing; and 23

24 WHEREAS, Although disclosure prior to closing serves to fully inform the 25 buyer prior to purchase, disclosure to the borough can wait until after closing; and 26

27 WHEREAS, Because property transactions sometimes fail to close for a 28 variety of reasons, waiting until after closing to provide a copy of the disclosures to the 29 borough will potentially avoid an unnecessary step and ensure that the Borough 30 receives accurate information. 31

32 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fai rbanks 33 North Star Borough: 34

35 Section 1. Classification. This ordinance is of a general and permanent 36 nature and shall be codified. 37

38 Section 2. Section 8.21.025.B, Prohibited acts , is amended as follows: 39

40CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 29 Page 2 of 4 B. All persons owning and selling their property within the Air Quality Control Zone 41 with an [UNLISTED SOLID FUEL BURNING APPLIANCE] installed non EPA certified 42 solid fuel burning appliance, or for hydronic heaters non EPA Phase II qualifications, 43 that will n ot be removed before sale must [, IF THE SOLID FUEL BURNING 44 APPLIANCE WAS NOT LISTED BY THE BOROUGH AS QUALIFYING AT THE TIME 45 OF INSTALLATION,] provide a written disclosure to the buyer [AND TO THE DIVISION] 46 prior to closing, and a copy to the d ivision no l ater than 10 days after the recording of 47 the sale. 48

49 Section 3. FNSBC 8.21.040, F orecasting exceedances and 50 restrictions in the air quality control zone during an alert , is amended as follows: 51

52 A. During the winter months of October through March, the borough shall issue a 53 daily PM 2.5 forecast by 4:30 p.m. When the PM 2.5 concentration reaches the onset level 54 for an episode and is expected to remain at that level for 12 hours or more, an alert or 55 advisory will be declared. An alert or advisory may apply to the air quality control zone 56 as a whole, or to one or more sub

- areas designated by the division . Once an alert or 57 advisory is declared, PM 2.5 control measures set forth in this section shall be 58 implemented and continued until the alert or advisory is cancelled. There are three 59 levels of episodes : Stage 1, 2 and 3. The obligations imposed in this subsection do not 60 require, absent specific funding for that purpose, any actions to be taken outside of the 61 borough’s normal business days and hours of operation. 62 B. The division will notify local media to ensure the declared alert or advisory is 63 b roadcast. The division shall also use social media and methods of direct 64 communication such as text messages as feasible. Information within the notific ation 65 will contain the PM 2.5 forecast , stage level for areas, and actions required to reduce 66 sources of PM 2.5 . The obligations imposed in this subsection do not require, absent 67 specific funding for that purpose, any actions to be taken outside of the borough’s 68 normal business days and hours of operation. 69 C. Stage 1: Voluntary Restrictions in the Air Quality Control Zone During an 70 Advisory

. 71 1. A Stage 1 air advisory is implemented when concentrations exceed or are 72 forecasted to exceed 25 μg/m 3

. 73 2. Residents shall be requested to voluntarily stop operation of solid fuel, 74 pellet, and waste oil burning appliances , as well as masonry heaters and al l outdoo r 75 burning that includes recreational fires such as bonfires, campfires and the use of fire 76 pits, nonpermitted incinerators and burn barrels in the air qu ality control zone

. 77 D. Stage 2: Required Restrictions in the Air Quality Control Zone During an Alert

. 78 1. A Stage 2 air alert is implemented when concentrations exceed or are 79 forecasted to exceed 35 μg/m 3

. 80
81CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 29 Page 3 of 4 2. Burning is permitted in all [BOROUGH LISTED APPLIANCES ] EPA 82 certified solid fuel burning appliances, and EPA Phase II Qualified hydronic heaters with 83 an annual average emission rating of 2.5 grams or less, masonry heaters, pellet fuel 84 burning appliances, cook stoves, and fireplaces. No fuel source may be added to the 85 combustions chamber or firebox of any [NONLISTED] solid fuel burning appliance or 86 waste oil burning appliance not listed above. Residents should rely instead on their 87 home’s alternate, cleaner source of heat (such as a gas or fuel oil fired furnace or boiler 88 or electric baseboard heaters) until the Stage 2 air alert is cancelled. 89 3. If a building owner or other person with a property or managerial interest 90 in the building has an approved “no other adequate source of heat” designation, the 91 building owner is exempted from complying with the Stage 2 air alert restrictions for that 92 building. 93 4. Outdoor burning is prohibited including nonpermitted incinerators and burn 94 barrels. This does not include recreational fires such as bonfires, campfires or 95 ceremonial fires and the use of fire pits. 96 5. These restrictions shall not apply during a power failure. 97 E. Stage 3: Required Restrictions in the Air Quality Control Zone During an Alert

. 98 1. A Stage 3 air alert is implemented when concentrations exceed or are 99 forecasted to exceed 55 μg/m 3

. 100 2. No fuel source may be added to the combustions chamber or firebox of 101 any solid fuel burning appliances

, masonry heaters

, pellet fuel burning appliances

, cook 102 stoves

, fireplaces , or waste oil burning appliances . No waste oil may be added to a 103 wast e oil burning appliance . Residents should rely instead on their home’s alternate, 104 cleaner source of heat (such as a furnace, boiler or electric baseboard heaters) until the 105 Stage 3 air alert is cancelled. 106 3. If a building owner or other person with a property or managerial interest 107 in the building has an approved “no other adequate source of heat” designation the 108 building owner is exempted from complying with the Stage 3 air alert restrictions for that 109 bui lding. 110 4. Outdoor burning is prohibited including nonpermitted incinerators and burn 111 barrels. This does not include recreational fires such as bonfires, campfires or 112 ceremonial fires and the use of fire pits. 113 5. These restrictions shall not apply during a power failure or to [LISTED 114 APPLIANCES ] EPA certified solid fuel burning appliances, EPA Phase II Qualified 115 hydronic heaters with an annual average emission rating of 2.5 grams or less, masonry 116 heaters or pellet fuel burning appliances when the temperature is below

- 15 Fahrenheit 117 as recorded at the Fairbanks International Airport. 118

119 Section 4. This ordinance is effective at 5:00 p.m. on the first Borough 120 business day following its adoption except that Section 2 shall apply retroactively with 121 an effective date of May 1st, 2015. 122
123CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 29 Page 4 of 4 PASSED AND APPROVED THIS 25 TH DAY OF JUNE , 2015. 124
125
126

______ _____________________ 127 Kar l Kassel 128 Pr esiding Officer 129

130 ATTEST: 131

132

133

_______________________________ 134 Nanci Ashford

- Bingham, MMC 135 Borough Clerk 136
137 Ayes: Quist, Sattley, Hutchison, Lawrence, Dodge, Davies, Kassel 138 Noes: Roberts 139 Excused: Golub 140CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Page 1 of 6 By: Karl W. Kassel, Mayor 1 Introduced: 12/10/2015 2 Advanced: 12/10/2015 3 Amended: 01/14/2016 4 Adopted: 01/14/2016 5
6
7 FAIRBANKS NORTH STAR BOROUGH 8
9 ORDINANCE NO. 2015

- 73 10
11 AN ORDINANCE AMENDING CHAPTER 8.21 OF THE FAIRBANKS NORTH STAR 12 BOROUGH CODE OF ORDINANCES REGARDING THE PM2.5 AIR QUALITY CONTROL 13 PROGRAM 14 15 WHEREAS, FNSB code of ordinances requires realty disclosures for all 16 residences sold where an unlisted solid fuel burning device is installed, a requirement 17 that to date has only produced two disclosures with zero solid fuel burning device 18 change outs; and 19
20 WHEREAS, FNSB code of ordinances limits air quality complaint 21 response to emissions from solid fuel burning appliances only; and 22
23 WHEREAS, In adopting a clean air program that is enforced by 24

con centrating on the most significant sources of PM2.5 pollution, both for attainment 25 within the Non

- Attainment area and for significant local sources of pollution that affect 26 nearby properties, the complaint response program would be better suited to all types of 27 high particulate emitting sources; and 28 29 WHEREAS, On February 27 th , 2015 the assembly adopted ordinance 30 2015

- 01 which created an Air Quality Control Zone, an area designated to refocus the 31 FNSB woodsmoke mitigation efforts ; and 32
33 WHEREAS, The current code of ordinances dictates that the Enhanced 34 Voluntary Removal, Replacement, and Repair Program be made available to all 35 residences within the FNSB, an area larger than the non

- attainment boundary and the 36 Air Quality Control Zone; and 37
38 WHEREAS, The FNSB has made $500,000 of general fund balance 39 money available for the woodstove change out program and the greatest air quality 40 improvement can be achieved by applying it within designated hot spot areas; and 41
42 WHEREAS, The FNSB assembly and the State of Alaska has adopted a 43 20% moisture content requirement for cordwood as part of ordinance 2015

- 01; and 44CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Page 2 of 6 45 WHEREAS, Dirigo Laboratories conducted a series of tests detailing the 46 benefits and limitations of mixing Superior Pellet Fuels energy logs with local cor dwood, 47 the largest benefits to stove emissions reductions were with wet wood which is now 48 illegal within the borough; and 49 50 WHEREAS, The price of heating fuel has dropped to a 8 year low making 51 it a more economical and cleaner to heat with oil instead of energy logs; and 52
53 WHEREAS, FNSB code allows a one

- time cash payment for the removal 54 of a solid fuel burning appliance, a benefit which could see larger participation with a 55 higher incentive. 56
57 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 58 No rth Star Borough: 59
60 Section 1. Classification . This ordinance is of a general and permanent 61 nature and shall be codified. 62
63 Section 2. FNSB 8.21.020, Borough listed appliances , is amended as 64 follows: 65 A solid fuel burning appliance shall be listed by the borough if: 66 A. The solid fuel burning appliance is certified by the U.S. Environmental Protection 67 Agency as meeting the federal emissions rate of 2.5 grams of PM2.5 per hour or less or 68 for hydronic heaters, meets Phase II qualifications and has [AN ANNUAL AVERAGE 69 EMISSION LEVEL RATING EQUAL TO OR LESS THAN 2.5 GRAMS OF PM2.5 PER 70 HOUR] an emission rating of 0.10 pounds per million BTU or less. For purposes of this 71 section, “certified” means that the solid fuel burning appliance meets emission 72 performance standards when tested by an accredited independent laboratory and 73 labeled according to procedures specified by the EPA in 40 CFR 60 Subpart AAA; or 74 B. The solid fuel burning appliance is tested, including by use of a handheld or other 75 portable device, by an accredited independent laboratory, or other qualified person or 76 entity approved by the borough, establishing that it meets an emissions rate of 2.5 77 grams of PM2.5 per hour or less or for hydronic heaters the appliance has [AN ANNUAL 78 AVERAGE EMISSION LEVE L RATING EQUAL TO OR LESS THAN 2.5 GRAMS OF 79 PM2.5 PER HOUR] an emission rating of 0.10 pounds per million BTU or less. 80
81 Section 3. FNSB 8.21.025 C. 1. regarding the visible emissions standard 82 is amended as follows: 83 1. Standard. No person shall cause, permit, or allow [THE] particulate 84 emission s [FROM A SOLID FUEL BURNING APPLIANCE] from a non

- mobile source in 85 the air quality control zone to create opacity greater than 20 percent for a period or 86 periods aggregating more than 10 minutes in any hour except during the first 30 87CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Page 3 of 6 minutes after the initial firing [OF A COLD UNIT] when the opacity limit shall be less 88 than 50 percent. 89 90 Section 4. FNSB 8.21.025 D. is amended as follows: 91 D. PM2.5 Emissions Crossing Property Lines. No person shall cause or permi t 92 particulate emissions [FROM A SOLID FUEL BURNING APPLIANCE] from a non

93 mobile source to impact the resident(s) of a neighboring property through the creation of 94 an emissions plume that: 95 1. Crosses a property line; 96 2. Is observable using EPA Method 22 (40 CFR 60 Appendix A); and 97 3. Is 25 μg/m3 greater than the surrounding immediate vicinity background 98 PM2.5 level using methods defined by the borough division of air quality. For purposes 99 of this subsection, the surrounding “immediate vicinity” means land within an area 100 measured 1,200 feet in all directions from the boundaries of the emitting property. 101
102 Section 5. FNSB 8.21.025 H. is amended as follows: 103 H. Nuisance. No person within the Fairbanks North Star Borough shall cause or 104 allow particulate emissions [OF A SOLID FUEL OR WASTE OIL BURNING 105 APPLIANCE] from a non

- mobile source that are injurious to human life or to property or 106 that unreasonably interfere with the comfortable enjoyment of life or property. No 107 person within the Fairbanks North Star Borough shall operate a solid fuel or waste oil 108 burning appliance in a manner so as to create a public or private nuisance. A violation 109 of a provision of this chapter is hereby declared to be a nuisance. 110
111 Section 6 . FNSB 8.21.035 A. 1. Regarding applications for the enhanced 112 voluntary removal, replacement and repair program is amended as follows: 113 1. Application. An application approved by the division and signed by all 114 property owner(s) must be submitted along with any documentation required by the 115 division

. Applications for either the removal of a solid fuel burning appliance or 116 replacement with an appliance designed to use natural gas, propane or home heating 117 oil shall include a signed recordable document restricting future installations of solid fuel 118 burning appliances and requiring appropriate notice to purchasers in the seller’s 119 disclosure statement. Applicants must fully comply with the division ’s inspection 120 process which shall verify the existence of a qualifying SFBA or fireplace

. 121
122 Section 7 . FNSB 8.21 .035 A. 3., regarding eligibility for the enhanced 123 voluntary removal, replacement and repair program is amended as follows: 124 3. Eligibility. The program is limited to properties within the [BOROUGH] air 125 quality control zone boundary in which a qualifying SFBA or fireplace is installed. If an 126 application is approved for the program, the applicant will be given up to 90 days to 127 meet all of the requirements. Applicants must have no delinquent property tax or 128 penalty or interest owing at the time of application and at completion of the program 129 requirements. 130
131CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Page 4 of 6 Section 8. FNSB 8.21.035 A. 5., regarding payments for the enhanced 132 voluntary removal, replacement and repair program is amended as follows: 133 5. Payments. Applicants will be eligible for reimbursement s or, at the option 134 of the applicant, payment may be made directly to a borough

- approved vendor. 135 Reimbursements and payments shall be available as follows: 136

a. Replacement of an [OUTDOOR] hydronic heater : 137 i. With either a n [BOROUGH LISTED SOLID FUEL BURNING 138 APPLIANCE , OR AN APPLIANCE DESIGNED TO USE PELLETS] EPA certified wood 139 or pellet stove with an emission rate less than or equal to 2.0 grams of PM2.5 per hour, 140 or an EPA phase II certified pellet burning hydronic heater with an emission rate equal 141 to or less than 0.1 pounds per million BTU

, up to $10,000 for purchase and installation 142 of the appliance. 143 ii. With an appliance designed to use home heating oil 144 (excluding waste oil) or a masonry heater (including parts, labor and any costs 145 associated with upgrading the chimney to the extent required by the manufacturer of the 146 appliance for proper installation)

, up to $12,000 for purchase and installation of the 147 appliance. 148

iii. With an appliance designed to use natural gas, propane, hot 149 water district heat, or electricity up to $14,000 for purchase and installation of the 150 appliance. [OR A MASONRY HEATER (INCLUDING PARTS, LABOR AND ANY 151 COSTS ASSOCIATED WITH UPGRADING THE CHIMNEY TO THE EXTENT 152 REQUIRED BY THE MANUFACTURER OF THE APPLIANCE FOR PROPER 153 INSTALLATION). 154
155
APPLIANCE + FUEL PAYMENT
UP TO $10,000 FOR PURCHASE AND INSTALLATION OF THE APPLIANCE PLUS FUEL PAYMENT, IF APPLICABLE ] 156 b. Replacement of a non

- borough

- listed SFBA or fireplace : 157 i. With either an [BOROUGH LISTED SOLID FUEL BURNING 158 APPLIANCE ] EPA certified wood stove, or fireplace insert that has an emission rate 159 less than or equal to 2.0 grams of PM2.5 per hour, or in the case of an EPA certified 160 wood stove, PM2.5 emissions must be reduced by 50 percent an d emit 2.0 grams of 161 PM2.5 per hour or less [THAN THE REPLACED HEATER]

, up to $4,000 for purchase 162 and in stallation of the appliance

. 163 ii. With[ or ]an appliance designed to use pellets, - up to $5,000 164 for purchase and installation of the appliance. 165 iii. With an appliance designed to use home heating oil 166 (excluding waste oil)

, hot water district heat, electricity, or a masonry heater (including 167 parts, labor and any costs associated with upgrading the chimney to the extent required 168 by the manufacturer of the appliance for proper installation) up to $6,000 for the 169 purchase and installation of the appliance. 170CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Page 5 of 6 iv. With an appliance desi gned to use natural gas[,] or propane 171 up to $10,000 per purchase and installation of the appliance. [, HOT WATER DISTRICT 172 HEAT, ELECTRICITY OR A MASONRY HEATER (INCLUDING PARTS, LABOR AND 173 ANY COSTS ASSOCIATED WITH UPGRADING THE CHIMNEY TO THE EXTENT 174 REQUIR ED BY THE MANUFACTURER OF THE APPLIANCE FOR PROPER 175 INSTALLATION).] Multiple non

- borough

- listed solid fuel burning appliances or 176 fireplaces , or combinations thereof, may be replaced with a single heating device that 177 meets the requirements above, except for those that are fired by solid fuels. Payment 178 will be based on the number of devices removed, up to a maximum of three, and may 179 not exceed the replacement cost. 180

181 [APPLIANCE + FUEL PAYMENT
UP TO $4,000 PER DEVICE FOR PURCHASE AND INSTALLATION OF THE APPLIANCE PLUS FUEL PAYMENT, IF APPLICABLE.]

182

c. Removal of a SFBA (limited to a one

- time participation in this 183 program per property). 184

185 Cash Payment
$5,000 [$2,000]

– if removing [OUTDOOR] hydronic heater $2,000 [$1,000]

– if removing other SFBAs

186 [D. FUEL PAYMENT. IF A WOOD BURNING APPLIANCE IS 187 PURCHASED AND INSTALLED UNDER THIS PROGRAM, THE APPLICANT IS 188 ELIGIBLE TO RECEIVE AN ADDITIONAL $300.00 PAYMENT FOR BOROUGH 189 APPROVED PRESSED WOOD ENERGY LOGS MANUFACTURED IN THE 190 FAIRBANKS NORTH STAR BOROUGH. ] 191 192 Section 9 . Effective Date . This ordinance is effective at 5:00 p.m. on the 193 first Borough business day following its adoption. 194 195CODE AMENDMENTS ARE SHOWN IN LEGISLATIVE FORMAT Text to be added is underlined Text to be deleted is [BRACKETED AND CAPITALIZED]

Fairbanks North Star Borough, Alaska ORDINANCE NO. 2015

- 73 Pag e 6 of 6 PASSED AND APPROVED THIS 14 TH DAY OF JANUARY , 201 6. 196 197 198

___________________________ 199 John Davies 200 Presiding Officer 201
202 ATTEST: 203
204 205

_______________________________ 206 Nanci Ashford

- Bingham, MMC 207 Borough Clerk 208 209 Ayes: Cooper, Golub , Lawrence, Dodge, Quist, Davies 210 Noes: Roberts 211 Excused: Sattley, Hutchison 212Fairbanks North Star Borough, Alaska ORDINANC E NO. 2016

- 20

- 1A Page 1 of 2 By: Karl W. Kassel , Mayor 1 Kathryn Dodge 2 John Davies 3 Introduced: 07/28/2016 4 Advanced: 07/28/2016 5 Adopted: 08/11/2016 6
7 FAIRBANKS NORTH STAR BOROUGH 8
9 ORDINANCE NO. 201 6- 20

- 1A 10
11 A N ORDINANCE AMENDING THE FY 201 6-17 BUDGET BY APPROPRIATING 12 $290,400 FROM THE GENERAL FUND FUND BALANCE TO THE TRANSIT 13 ENTERPRISE PROJECTS FUND TO DESIGN AND OPERATE A N AIR QUALITY 14 MONITORING NETWORK 15
16 WHEREAS, I n 2009 the E nvironmental P rotection A gency (EPA) 17 designated Fairbanks a “PM2.5 Non

- Attainment ” area; and 18 19 WHEREAS

, T he Fairbanks North Star Borough ( FNSB ) returned 20 regulatory air quality monitoring responsibilities to the State of Alaska in FY 2017; and 21
22 WHEREAS, T he FNSB has design ed a community based Air Quality 23 Monitoring Plan that will enhance real

- time decision making and provide actionable 24 inputs for improved air quality ; and 25
26 WHEREAS, T he FNSB Air Quality Division will integrate several different 27 monitor types to identify

, in real

- time

, high PM2.5 emissions sources, resulting in 28 targeted and increased community engagement actions; and 29
30 WHEREAS, T he last comprehensive Air Quality speciation study was 31 conducted by the FNSB in 2013 ; and 32
33 WHEREAS, T his funding will be used for, but not limited to, the purchase 34 of a variety of monitor types, a maintenance and deployment contract, equipment 35 hosting contracts, equipment operating supplies, and a speciation study; and 36
37 WHEREAS, Th is Community

- Based Air Quality Monitoring P rogram i s 38 estimated to last three years and funding in subsequent fiscal years for operating the 39 program (FY18 and FY19) are intended to be included in the Mayor’s recom mended 40 budgets for those years. 41
42 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairb anks 43 North S tar Borough: 44 45Section 1. Classification . This ordinance is not of a general and 46 permanent nature and shall not be codified. 47
48 Section 2. General Fund Appropriation

. The FY 2016

- 17 budget is 49 hereby amended by appropriating $290,400 to the General Fund budgetary guideline 50 entitled “Contribution to Transit Enterprise Projects Fund” and by increasing 51 C ontribution from F und B alance by a like amount. 52
53 Section 3. Transit Enterprise Projects Fund Appropriation

. The FY 54 2016

- 17 budget is hereby amended by appropriating $290,400 to the Transit Enterprise 55 Projects Fund budgetary guideline entitled “ Community

- Based Air Quality Monitoring 56 Program ” and increasing C ontribution from General Fund by a like amount. 57
58 Section 4. Lapse of Funds

. Upon c ompletion o r abandonment of the 59 project, any unexpended, unencumbered funds will lapse to the General Fund fund 60 balance. 61
62 Secti on 5. Effective Date . This ordinance is effective at 5:00 p.m. on 63 the first Borough business day following its adoption. 64 65 PASSED AN D APPROVED T H IS 11 TH DAY OF AUGUST , 20 16. 66
67 68
69 70

___________________________ 71 John Davies 72 Presiding Officer 73
74 75
76 ATTEST: 77 78
79

_______________________________ 80 Nanci Ashford

- Bingham, MMC 81 Borough Clerk 82
83 Yese s: Cooper, Sattley, Hutchison, Westlind , Lawrence, Quist, Davies 84 Noes: Roberts 85 Other: Dodge (Excused) 86By: Van Lawrence 1 Matthew Cooper 2 Introduced: 03/24/2016 3 Advanced: 03/24/2016 4 Substituted: 05/04/2016 5 Amended: 05/04/2016 6 Adopted: 05/04/2016 7 8
9 FAIRBANKS NORTH STAR BOROUGH 10
11 ORDINANCE NO. 201 6-21 12
13 AN ORDINANCE AMENDING FNSB 8.21.025 TO REQUIRE THE REMOVAL OF 14 C ERTAIN UN LISTED HYDRONIC HEATERS IN THE AIR QUALITY CONTROL ZONE, 15 AMENDING THE FY 2015

- 16 BUDGET BY APPROPRIATING $ 500,000 FROM THE 16 GENERAL FUND FUND BALANCE TO THE TRANSIT ENTERPRISE PROJECTS 17 FUND TO PAY FOR THE REMOVAL OF THE UN LISTED HYDRONIC HEATERS AND 18 SUSPEND ALL OTHER PAYMENTS FROM THE VOLUNTARY REMOVAL AND 19 REPLACEMENT PROGRAM UNTIL MAY 1, 2017 20
21 WHEREAS, H ydronic heaters that do not have an emissions rating of 0.10 22 pounds per million BTU or less cannot, under existing code, be legally installed in the 23 borough’s nonattainment area ; and 24 25 WHEREAS, Certain hydronic heaters significantly contribute to the 26 borough’s air quality problem; and 27
28 WHEREAS, The Borough has offered in past years and continues to offer 29 a removal program that pays homeowners to remove or replace these hydronic heaters ; 30 and 31
32 WHEREAS, The Borough needs to increase funding of the removal 33 program and temporarily preclude other program spending in order to ensure funds are 34 available to pay owners who are required to remove these unlisted hydronic heater s; 35 and 36
37 WHEREAS, T he imminent reclassification by the EPA of the Fairbanks 38 North Star Borough from a Moderate to a Serious non

- attainment area will result in the 39 imposition of control measures, including expensive technology upgrades for power 40 plants and other stationary sources, which will lead to insignificant improvement to air 41 quality but will significantly increase utility rates; and 42
43WHEREAS, T he Borough's continued failure to significantly reduce P M2.5 44 pollution will further result in offset sanctions which will strangle economic development 45 in the non

- attainment area and highway sanctions eliminating federal funding of road 46 projects within the non

- attainment area ; and 47
48 WHEREAS, T hese sanctions will be lifted if and when air quality violations 49

cease. 50
51 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 52 North Star Borough: 53
54 Section 1. Sections 2, 3 and 4 are of a general and permanent nature and 55 shall be codified. Section s 5, 6 and 7 shall not be codified. 56
57 Section 2. FNSBC 8.21.025 B. is hereby amended as follows: 58 B. No person who has been convicted of or pled no contest to two or more 59 violations of this chapter involving visible emissions or emissions crossing property lines 60 shall

, in the air quality control zone

, operate

, use or keep installed a hydronic heater 61 unless the hydronic heater is : 62 1. Borough listed or was listed at the time of installation

, 63 2. A closed combustion system with automatic components that feed solid 64 fuel, including wood pellets, into a firebox where the combustion is enhanced by an 65 active airflow system , or 66 3. Connected to a thermal mass system that is certified by the contractor or 67 installer as sufficient to allow the hydronic heate r to burn at maximum capacity 68 minimizing on/off cycling

. The division may require an owner to provide documentation 69 supporting the certification. 70
71 This prohibition shall be effective 90 days after the 2 nd conviction or entry or a no 72 contest plea. 73
74 All persons owning and selling their property within the air quality control zone with an 75 installed non

- EPA

- certified solid fuel burning appliance [

, OR FOR HYDRONIC 76 HEATERS NON

- EPA PHASE II QUALIFICATIONS, ] that will not be removed before 77 sale must provide a written disclosure to the buyer prior to closing, and a copy to th e 78 division no later than 10 days after the recording of the sale

. 79
80Sectio n 3 . F NSBC 1.04.050, fine schedule, is amended to add the 81 following: 82
Code Section **Offense** Penalty/Fine Mandatory Warning Required
8.21.025(B) Failure to remove, using or operating a prohibited hydronic heater. 1st offense. $500 Yes , with removal as

soon as practicable.
8.21.025(B) Failure to remove, using or operating a prohibited hydronic heater. 2nd offense. $1,000 No

.

83 Section 4

. General Fund Appropriation . The FY 2015

- 16 budget is 84 hereby amended by appropriating $ 5 00,000 to the General Fund budgetary guideline 85 entitled “Contribution to Transit Enterprise Projects Fund” and by increasing 86 Contribution from Fund Balance by a like amount. 87
88 Section 5

. Transit Enterprise Projects Fund Appropriation . The 89 FY 2015

- 16 budget is hereby amended by appropriating $ 5 00,000 to the Transit 90 Enterprise Projects Fund budgetary guideline entitled “Enhanced Voluntary Removal, 91 Replacement, and Repair Program” and by increasing Contribution from General Fund 92 by a like amount. 93 94 Sect ion 6

. Limited Use of Funds

. All unencumbered funds remaining in 95 the removal, replacement and repair program on the effective date of this ordinance 96
may be spent only on payments to applicants within the air quality zone who are (1) 97 removing or replacing an unlisted hydronic heater or (2) removing or replacing a 98 woodstove that has been the subject of more than one substantiated neighborhood 99 complaint and meeting additional criteria established by the Mayor. This restriction shall 100 continue until May 1, 2017 or until the assembly appropriates additional funds to pay for 101 the other removal , replacement or repairs authorized under the program, whichever 102 occurs first

. 103
104 Section 7. Lapse of Funds for the “Enhance Voluntary Removal, 105 Replacement, and Repair Program”. Upon completion or abandonment of the program, 106 any unexpended and unencumbered funds will lapse to the General Fund fund balance. 107
108 Section 8. Effective Date. Sections 2, 3 and 4 of t his ordinance shall be 109 effective on October 1

, 2016. The remaining sections shall be effective at 5:00 pm. on 110 the first Borough business day following its adoption. 111
112PASSED AND APPR OVED THIS 4 TH DAY OF MAY , 201 6. 113 114 115

______________ _____________ 116 John Davies 117 Presiding Officer 118 119 120 121 ATTEST: 122
123
124

_______________________________ 125 Nanci Ashford

- Bingham, MMC 126 Borough Clerk 127 128 Ayes: Sattley, Hutchison, Cooper, Westlind, Lawrence, Dodge, Quist, Davies 129 Noes: Roberts 130By: John Davies 1 Introduced: 04/14/2016 2 Advanced: 04/14/2016 3 Adopted: 04/28/2016 4 5
6 FAIRBANKS NORTH STAR BOROUGH 7 8 ORDINANCE NO. 2016

- 30 9 10 AN ORDINANCE AMENDING THE FAIRBANKS NORTH STAR BOROUGH CODE OF 11 ORDINANCE S TO ADOPT THE PROPOSED RENUMBERING AND 12 REORGANIZATION 13
14 WHEREAS, Codification is a process of organizing and arranging all 15 legislation of a permanent and general nature into Code and a recodification is any new 16 replacement of the original Code ; and 17
18 WHEREAS, The Fairbanks North Star Borough Code of Ordinances was 19 first codified in 1975 and has since undergone two recodifications, the most recent in 20 2004 ; and 21
22 WHEREAS, It is necessary to routinely update a Code to ensure 23 maximum usability, flexibility, amendibility and economy resulting in a Code that is easy 24 to access, easy to understand, has room to grow and is simple and inexpensive to 25 maintain; and 26
27 WHEREAS, T he proposed recodification is a product of an extensive legal 28 review by Code Publishing, Co. and the FNSB Legal Department to eliminate expired 29 provisions, outdated references to state law, and conflicts with other code provisions or 30 laws ; and 31
32 WHEREAS, F ollowing recodification, the Fairbanks North Star Borough 33 Code of Ordinances will present an updated, orderly and logical composition of all 34 permanent Borough legislation. 35
36 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 37 North Star Borough: 38 39 Section 1. This ordinance is not of a general and permanent nature and 40 shall not be codified. 41
42 Section 2. The Clerk is authorized to approve the attached Fairbanks 43 North Star Borough Code proposed renumbering and reorganization plan prepared by 44 Code Publishing Company and to take all other action necessary to implement the plan. 45
46Section 3. The att ached proposed renumbering and reorganization is 47 adopted. 48 49 Section 4 . Effective Date. Section 2 of this ordinance shall be effective at 50 5:00 p.m. of the first Borough business day following its adoption. Section 3 of the 51 ordinance is effective July 15 th , 2016. 52
53 PASSED AND APPROVED THIS 28 TH DAY OF APRIL , 201 6. 54
55 56 57

______________ _____________ 58 John Davies 59 Presiding Officer 60
61 62 63 ATTEST: 64 65
66

_______________________________ 67 Nanci Ashford

- Bingham, MMC 68 Borough Clerk 69 70 Ayes: Sattley, Hutchison, Cooper, Westlind , Roberts, Lawrence, Dodge, Quist, Davies 71 Noes: None 72By: Karl Kassel, Mayor 1 Introduced: 06/23/2016 2 Advanced: 06/23/2016 3 Amended: 07/28/2016 4 Adopted: 07/28/2016 5
6 FAIRBANKS NORTH STAR BOROUGH 7 8 ORDINANCE NO. 2016

- 37 9 10 AN ORDINANCE AMENDING TITLE 21 REGARDING NO OTHER ADEQUATE 11 SOURCE OF HEAT DETERMINATION S 12
13 WHEREAS, Borough code exempts qualifying buildings with no other 14 adequate source of heat from compliance with certain air quality regulations; and 15
16 WHEREAS, G ranting these exemptions only to buildings constructed prior 17 to December 31, 2016 will encourage property owners to include an alternative source 18 of heat in new construction for use during times of exceedances ; and 19
20 WHEREAS, Because borough codes imposing restrictions on the use of 21 solid fuel and other appliances during air alerts apply only to the air quality zone, only 22 owners within the air quality zone need to apply for a “no other adequate source of heat” 23 determination

. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Assembly of the Fairbanks 26 North Star Borough: 27
28 Section 1. This ordinance is of a general and permanent nature and shall 29 be codified. 30
31 Section 2. FNSBC 21.28.060 No other adequate source of heat 32 determination is amended to read as follows: 33
34 A. A building owner or other person with a property or managerial interest in [ THE ] a 35 building located with in the air quality control zone may obtain a “no other adequate 36 source of heat” determination from the division if: 37 1. The building owner(s) or other person with a property or managerial 38 interest in the building applies with the division on a form developed by the division [.]; 39 2. The building owner(s) or other person with a property or managerial 40 interest in the building files an affidavit with the application that the subject structure 41 must be heated and the structure has no adequate heating source without using a solid 42 fuel or waste oil burning appliance or that economic hardships require the applicant’s 43 use of a solid fuel or waste oil burning appliance or complying with a restriction would 44result in damage to property including damage to the appliance itself and its heating 45 system components [.]; and 46 3. T he building was constructed on or before December 31, 2016. 47 B. There shall be no fee for applying for or obtaining a determination. 48 C. It shall be a violation to submit a false affidavit for a “no other adequate source of 49 heat” determination. 50 D. If the “no other adequate source of heat” appliance does not meet the standards 51 set in this chapter, the division shall provide the applicant with information concerning 52 the borou gh’s voluntary removal, replacement and repair program. 53 E. Applications denied by the division may be appealed to the air pollution control 54 commission

. 55
56 Section 3. Effective Date. This ordinance shall be effective at 5:00 p.m. 57 of the first Borough bu siness day following its adoption. 58 59 PASSED AND APPROVED THIS 28 TH DAY OF JULY , 2016. 60
61 62 63 64

______________ _____________ 65 John Davies 66 Presiding Officer 67 68 69 70 ATTEST: 71
72
73

_______________________________ 74 Nanci Ashford

- Bingham, MMC 75 Borough Clerk 76 77 Yeses: Cooper, Sattley, Hutchison, Westlind, Lawrence, Dodge, Davies 78 Noes: Roberts 79 Other: Quist (Excused) 80FINAL MioI••NuuM

OF i•REEMi•NT FOR THE SI::LECTI.ON

ANI.. FUNI.ING

OF PROJECTS FuNDED

BY CMAQ WIThIN

THE FAIRBANKS NONATTAINMENT

AREA FOR PM 2.5AmongtheAlaskaDepartmentofTransportationandPublicFacilities(ADOT&PFJ,theFairbanksMetropolitanAreaTransportationSystem(FMATSJ,theFairbanksNorthStarBorough(FNSJ3)andtheAlaskaDepartmentofEnvironmentalConservation(ADEC)MOARegardingUseofCMAQFundsinFairbanksPURPOSEA.ThisMemorandumofAgreement(MOA)isawrittenagreementamongtheFairbanksareaMPO(FMATS),stateagencies(ADEC,ADOT&PF),andthedesignatedairqualityplanningagency(FairbanksNorthStarBorough,FNSB)describingtheirrespectiverolesandresponsibilitiesincludingprojectselectionandCMAQfundmanagementnecessaryforairqualityrelatedtransportationplanning.11.BAcKGRoUNDA.TheU.S.EnvironmentalProtectionAgency(EPA)hasdesignatedthefollowingtownshipsandrangesoftheFairbanksNorthStarBoroughasanon-attainmentareaforPM2.5:-MTRSFOO1NOO1-Allsections;-MTRSFOO1NOO1E-Sections2—11,14—23,26—34;-MTRSFOO1NOO2—Sections1—5,8—17,20—29,32—36;-MTRSFOO1SOO1E—Sections1,3—30,32—36;-MTRSFOO1SOO1W—Sections1—30;-MTRSFOO1SOO2E—Sections6—8,17—20,29—36,-MTRSFOO1SOO2W—Sections1—5,8—17,20—29,32-33;-MTRSFOO1SOO3E-Sections31-32;-MTRSFOO2NOO1E-Sections31—35;-MTRSFOO2NOO1-Sections28,31—36;-MTRSF002N002-Sections32-33,36;-MTRSFOO2SOO1E-Sections1-2;-MTRSFOO2SOO2E-Sections1-17,21—24;-MTRSFOO2SOO3E-Sections5-8,18.Amapofthenon-attainmentareaisattachedasAppendixA.B.ThisPM2.5nonattainmentdesignationbecameeffectiveonDecember14,2009.C.Theabovenon-attainmentareaislargerthantheFMATSMetropolitanPlanningArea(MPA)illustratedinAppendixAastheMPOboundary.D.23CFR450.314(b)statesthatifthemetropolitanplanningareadoesnotincludetheentire nonattainmentormaintenancearea,thereshallbeanagreementamongthestatedepartmentoftransportation,stateairqualityagency,affectedlocalagenciesandthemetropolitanplanningorganizations describingtheprocessforcooperativeplanningandanalysisofallprojectsoutsidethemetropolitanplanningareabutwithinthenonattainmentormaintenancearea.E.Further,23CFR450.314(c)statesthatinthenonattainmentareaormaintenanceareas,iftheMPOisnot thedesignatedagencyforairqualityplanningundersection174oftheCleanAirAct(42USC7504),thereshallbeawrittenagreementbetweentheMPOandthedesignatedair qualityplanningagencydescribingtheirrespectiverolesandresponsibilitiesforairqualityrelatedtransportationplanning.In.AGENCYRo.i:s&REsroNsiBimIFSA.ADEC1.ADECandtheFNSBhavejointresponsibilityforairpollutioncontrolintheFNSB.2.ADECwillprovidetechnicalassistanceinthedevelopmentoftheFairbanksPM2.5nonattainmentareaCMAQtransportationprojectlisting.4.21.10Page2of6MOARegardingUseofCMAQFundsinFairbanks3.ADECwillparticipateandbeamemberonthe FairbanksCMAQProjectEvaluationBoard.B.ADOT&PFNorthernRegion(NR)1.NRwillprovidetechnicalassistanceinthedevelopmentoftheFairbanksCMAQtransportationprojectlisting.2.NRwillprepareandsubmit thePDAstofundtheselectedprojects,administerprojectfundstotheappropriateimplementingagency,andwillassistinthedevelopmentoftheenvironmentaldocumentation,design,right-of-way,utilityandconstructionofselectedprojectsasrequired.3.NRwillparticipateandbeamemberonthe FairbanksCMAQProjectEvaluationBoard.4. NRwillissueanannual thirty-dayCallforNominationspriortoJanuary31.C.ADOT&PFDivisionofProgramDevelopment(HQ)1.HQwillmakeFederalCMAQfundingavailableforeligibleairqualityprojectsinFairbanks.2.HQwillprovideCMAQfundingforthepurposesoftraveldemandmodelingandconformitydeterminationfortheupdatesoftheplansandprogramsandtoincludeprojects outsideoftheMPAinthenonattainmentarea.Nolocalmatchiscurrentlyrequired.Shouldlocalmatchberequiredinthefuture,agreementswillbedevelopedthroughinteragencyconsultation.3.HQwillparticipateandbeamemberontheFairbanksCMAQProjectEvaluationBoard.4.HQwill(subjecttoavailableCMAQfunding)includeintheSTIPallprojectsagreedtobytheFairbanksCMAQProjectEvaluationBoardandsubmittedbytheFNSB.D.FMATS1.FMATSwillworkwithlocalagenciesindevelopingandsubmittingprojectsto theFairbanksCMAQProjectEvaluationBoard.2FMATSwillincludeallprojectsapprovedbytheFairbanksCMAQProjectEvaluationBoardandsubmittedbytheFNSBintheinformationalsectionoftheTIP.3.FMATSwillparticipateandbeamemberontheFairbanksCMAQProjectEvaluationBoard.E.FNSB1.FNSBandtheADEChavejointresponsibilityforairpollutioncontrolintheFNSB.2.FNSBistheleadairqualityagencyfortheFairbanksareaandwilldeterminetheprioritiesfor theCMAQfundingprovidedtothePM2.5nonattainmentarea.4211Page3of6MOA Re9ardiflP

FairbankS 3. FNSB
wifi provide

to the NR

a list of PM 23 CMAQ

projects

for the pM25 nonattaiflifient

area
for IflCIUSIOfl

In the ST1P 4 FNSB will participate

and
be

a member

on the Fairbanks
CMAQ Project Evaluation Board. IV. CMAQ PROJECT EVALUATION

BOARD A. Board membership 1. The Fairbanks
CMAQ Project Evaluation

Board (hereinafter

Board)

will have

7 members representing

the following entities ADEC, FMATS,

City

of Fairbanks,

City

of North Pole, FNSB, ADOT&PF

(NR) and ADOT&PF

(HQ)
The Board may select

a chair

to facilitate evaluation discussions. B. Project Evaluation Criteria 1 The Board
will develop criteria

to use

in evaluating projects submitted

to the Board. 2 The developed criteria

wall take into account eligible
uses

of CMAQ funding

and consider

the projects efficacy

in addressing

PM2.5 attainment. 3. Evaluation criteria

will
be provided

to agencies

for use

in developing

CMAQ project proposals

for submittal

to the Board. C. Project Submission 1 Any member

of the Board may submit

a project

for evaluation

and possible inclusion

in the STIP. 2. Board Members

will notiIi their respective agencies

of the time window

for the Call for NonhinatiOfls. o. Project Evaluation 1. The Board
will use the developed evaluation criteria

to score
the projects. 2. Projects evaluated

wIll
be ranked

by their total score. 3 Based upon
the project ranking

and scheduling projects

will
be submitted

to the FNSB mayor

for approval

and then

to NR for inclusion

in the STIP subject

to CMAQ funding available

to the Fairbanks
PM2.5 nonattainment

area. 4.

in compiling

the proposed

list for inclusiOn

in the STIP,

if the next ranked project

is too costly

to be included

due

to fiscal constraint,

the next project below

at may

be included instead. 5 The Board
will meet

as necessarY

to allow FNSB

to submit

its slate

of pioposed projects

an tame
for inclusion

in

a draft STIP

or draft STIP amendment.

It as anticipated that the Board
will meet

at

a minimum

once per year, preferably

no later than Maa

ch 31,
to solicit, rank and recommend projects. 42IlO

Paje4°f 6MOARegardingUseofCMAQFundsinFairbanksE.ConflictResolutionProcess1.ConflictsregardingthesubmissionofaprojectlistingtoNR,includingtheinclusionorabsenceofaproject,willberesolvedaccordingtothefollowingprocess:a)Theconflictresolutionprocessisinitiatedinwriting,viaemail,fromanysignatorywhohasaconflictorgrievancetoallothersignatoriesintheMOAwhoareaffectedbythe conflictorgrievance.b)Withinfifleen(15)workingdaysafterreceiptofsuchnotice,each affectedparts’,alongwithitsdirectorordesignee,willmeetanddeterminereasonablemeasurestoresolvetheconflict.c)lftheconflicthasnot beenresolvedatthe expirationofsixty(60)daysafterreceiptoftheinitial notice,theconflictshallbereferredtotheOfficeoftheGovernorforfinalresolution.2.Allpartiesunderstandandagreethatthetimelineabove,whileambitious,maynotsufficeingettingthematterresolvedintimeforinclusioninthedraftSTIPordraftSTIPamendment.V.AGREEMENTTERMSA.Thisagreementshallbeeffectiveuponsignatureofallpartiesandbindinguntilamendedorrevoked.TheanticipateddurationoftheagreementistiedtothePM2.5nonattainmentdesignationandisrequireduntiltheareahasachievedattainmentstatusandmaintainedsuchstatusforaperiodofatleasttwentyyears.TheundersignedagenciesmayreviseorreplacethisMOAviaunanimouswrittenagreement.Theagreementmaybeterminatedbyasigningagencyupon90days’writtennoticetoallthesignatoryparties.B.Aninteragencyconsultationprocessshallbeusedforrevision oftheMOAasnecessary.VI.SIGNATORIESTheundersignedherebyagree tocomplywiththeprovisionsandtermsofthisMOAasdescribedabove._j.___--.-.-___________Situs,P.E..qhair,FMATSDate-.-....--./.-——.L.,-.--—.E.arrHrtg—Cornrnisioner.ADFC’E)ate.•••.--[)4’teI__________Pa50thIS\IB\?Viewed’3pcte421.10Do‘fJr”ADOT&PFMOARegardingUseofCMAQFundsinFairbanksAbbreviationsGuideADOT&PF—AlaskaDepartmentofTransportationandPublicFacilitiesADEC-AlaskaDepartmentofEnvironmentalConservationCMAQ-CongestionMitigation/AirQualityProgramEPA—UnitedStatesEnvironmentalProtectionAgencyFHWA—FederalHighwayAdministrationFMATS-FairbanksMetropolitanAreaTransportationSystemFNSB—FairbanksNorthStarBoroughFTA—FederalTransitAdministrationHQ-AlaskaDepartmentofTransportationandPublicFacilities,HeadquartersPDA—ProjectDevelopmentAuthorizationPM2.5—FineParticulateMatterLessThan2.5MicrometersMOA-MemorandumofAgreementNPA—MetropolitanPlanningAreaMPO-MetropolitanPlanningOrganizationMTP—MetropolitanTransportationPlanNR-AlaskaDepartmentofTransportationandPublicFacilities,NorthernRegionRLRTP-RegionalLongRangeTransportationPlanSIP-StateImplementationPlanSTIP-StatewideTransportationImprovementProgramTIP—TransportationImprovementProgramUSDOT-UnitedStatesDepartmentofTransportation42110Pageoof6