00 HOUSE BILL NO. 163 01 "An Act prohibiting a person from burning certain materials in a solid fuel burning 02 device; relating to solid fuel burning device emission standards; and relating to 03 prohibitions on the burning of solid fuels." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. AS 46.14.400(a) is amended to read: 06 (a) Except as provided in (k) of this section, with [WITH] the approval of 07 the department, a municipality may establish and administer within its jurisdiction a 08 local air quality control program that operates in lieu of and is consistent with all or 09 part of the department's air quality program as established under this chapter. A first or 10 second class borough may administer an air quality control program approved by the 11 department under this subsection on an areawide basis and is not subject to the 12 restrictions for acquiring additional areawide powers specified in AS 29.35.300 - 13 29.35.350. A third class borough may administer a local air quality control program 14 approved by the department under this subsection only in a service area formed under 01 AS 29.35.490(b) or (c). 02  * Sec. 2. AS 46.14.400 is amended by adding a new subsection to read: 03 (k) A second or third class borough or a second class city may not prohibit the 04 burning of solid fuel unless authorized by the governor in case of an emergency. 05  * Sec. 3. AS 46.14 is amended by adding a new section to article 5 to read: 06 Sec. 46.14.570. Solid fuel burning devices. (a) A person may not burn or 07 cause to be burned in a solid fuel burning device 08 (1) garbage; 09 (2) treated wood; 10 (3) plastics; 11 (4) rubber products; 12 (5) animals; 13 (6) asphaltic products; 14 (7) waste petroleum products; 15 (8) paints; or 16 (9) railroad ties. 17 (b) After January 1, 2014, a person may not sell, offer to sell, or knowingly 18 advertise to sell, in the state a solid fuel burning device that exceeds the particulate air 19 contaminant emission standard set by the department under (c) of this section. This 20 subsection does not apply to fireplaces. 21 (c) The department shall adopt regulations that establish statewide particulate 22 air contaminant emission standards for all new solid fuel burning devices using the 23 most recent test methodology of the United States Environmental Protection Agency. 24 The department may adopt emission standards developed by the United States 25 Environmental Protection Agency for new solid fuel burning devices. A particulate air 26 contaminant emission standard for a solid fuel burning device adopted under this 27 section may not exceed two and one-half grams of particulate matter per hour for each 28 200,000 British thermal units of heat output. Before adopting a particulate air 29 contaminant emission standard under this section, the department shall find, in 30 writing, support for the standard considering the 31 (1) climates in which the solid fuel burning device will be operating; 01 (2) characteristics of the emissions of the solid fuel burning device; 02 (3) technological feasibility of the standard; 03 (4) economic feasibility of the standard; 04 (5) effect of the standard on human health and welfare; and 05 (6) the effect of the standard on the environment. 06 (d) the department shall establish a procedure to 07 (1) determine whether a new solid fuel burning device complies with 08 the particulate air contaminant emission standards adopted under (c) of this section; 09 and 10 (2) approve the sale of new solid fuel burning devices that comply with 11 the particulate air contaminant emission standards adopted under (c) of this section. 12 (e) A state or local authority may not adopt a particulate air contaminant 13 emission standard for solid fuel burning devices other than the standard adopted by 14 regulation under (c) of this section. 15 (f) A particulate air contaminant emission standard for solid fuel burning 16 devices adopted under (c) of this section does not constitute an air quality standard, an 17 emissions limitation for hazardous air pollutants, or an emission standard for a unit or 18 stationary source for purposes of AS 46.14.010 and 46.14.015.