18 AAC 50.075 - Solid fuel-fired heating device visible emission standards

(a) A person may not operate a solid fuel-fired heating device in a manner that causes

(1) black smoke; or

(2) visible emissions that exceed 20 percent opacity for more than six minutes in any one hour in an area for which an air quality advisory is in effect under 18 AAC 50.245 or 18 AAC 50.246, except during the first 15 minutes after initial firing of the device; visible emissions are measured following opacity reading procedures as required under 40 C.F.R. Part 60, Appendix A, Method 9, adopted by reference in 18 AAC 50.040, as modified in Volume III, sec. IV-3, Appendix IV-3, of the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030; alternatively, visible emissions may be measured using the alternative method to Method 9, ALT-082, approved and revised by EPA as of May 17, 2012.

(b) A person may not operate a wood-fired heating device in an area for which the department has declared an air quality episode under 18 AAC 50.245.

(c) In the Mendenhall Valley wood smoke control area identified in 18 AAC 50.025(b), a person may not violate or cause a violation of a provision of the Code of the City and Borough of Juneau, Alaska, Chapter 36.40, as amended by the provisions of the Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, sec. 2, adopted by reference in 18 AAC 50.030.

(d) A person may operate a solid fuel-fired heating device in an area for which the department has declared a PM-2.5 air quality episode under 18 AAC 50.246 or under emergency episode provisions included in a local air quality plan incorporated in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, only if

(1) visible emissions or opacity from the solid fuel-fired heating device is below the opacity limits identified in the episode announcement for that area as defined in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030; or

(2) the owner or operator of the solid fuel-fired heating device obtains a written temporary waiver from the department or local air quality program from the opacity limits identified in the episode announcement; the department or local air quality program may grant a temporary waiver after considering

(A) financial hardship information provided by the owner or operator;

(B) technical feasibility and device design information provided by the owner or operator;

(C) potential impact to locations with populations sensitive to exposure to PM-2.5; locations under this subparagraph include hospitals, schools, child care facilities, health clinics, long-term care facilities, assisted living homes, and senior centers;

(D) mitigation measures implemented by the owner or operator to prevent adverse health impacts to individuals sensitive to exposure to PM-2.5; and

(E) the contribution of the device to the exceedance of the PM-2.5 concentration triggering the episode announcement; or

(3) the department has not prohibited operation under (e) of this section.

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(e) The department may prohibit operation of a solid fuel-fired heating device in an area for which the department has declared a PM-2.5 air quality episode under emergency episode provisions included in a local air quality plan incorporated in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030, only if the announcement identifies

(1) the air quality zone affected by the prohibition; and

(2) any exceptions as identified in the State Air Quality Control Plan, adopted by reference in 18 AAC 50.030.

(f) A solid fuel-fired heating device located in an area identified in 18 AAC 50.015(b)(3) shall be operated so that the visible emissions or opacity do not exceed 20 percent opacity for more than six minutes in any one hour, except during the first 15 minutes after initial firing of the device when the opacity limit must be less than 50 percent. Visible emissions are measured as set out in (a)(2) of this section.

Notes

18 AAC 50.075

Eff. 1/18/97, Register 141; am 5/6/2009, Register 190; am 2/28/2015, Register 213, April 2015; am 11/26/2016, Register 220, January 2017; am 1/12/2018,Register 225, April 2018

The alternative to EPA Method 9, ALT-082, addressed in 18 AAC 50.075(a)(2) is available at the department's Anchorage, Fairbanks, and Juneau offices, and can be obtained by contacting the Department of Environmental Conservation, Division of Air Quality, at (907) 465-5100. The document is also available from the United States Environmental Protection Agency, Technology Transfer Network, Emission Measurement Center, at http://www.epa.gov/ttn/emc/tmethods.html.

Authority: AS 46.03.020

AS 46.14.010

AS 46.14.020

AS 46.14.030

Sec. 30, ch. 74, SLA 1993