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;
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.