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HB 163: "An Act prohibiting a person from burning certain materials in a solid fuel burning device; relating to solid fuel burning device emission standards; and relating to prohibitions on the burning of solid fuels."

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.