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Home My WebLink AboutItem 08 Lane Regional Air Protection Agency Residential Wood Heating Advisory Amendment AGENDA ITEM SUMMARY SPRINGFIELD Meeting Date: Meeting Type: Department: Staff Contact: CITY COUNCIL Estimated Time: February 19, 2008 Regular Session Public Works dd3 Chuck Gottf~~~", Bill Hamann ~ CZf7J 736-1023 726-3693 10 Minutes Telephone: ITEM TITLE: LANE REGIONAL AIR PROTECTION AGENCY RESIDENTIAL WOOD HEATING ADVISORY AMENDMENT ACTION REQUESTED: Hold a second reading, and adopt, adopt with reVISions, or not adopt the following: AN ORDINANCE REGARDING AIR POLLUTION, AMENDING CHAPTER 4, SECTIONS 4.418(4), 4.500 AND 4.506 OF THE SPRINGFIELD MUNICIPAL CODE, AND CHANGING REFERENCE IN THE SPRINGFIELD MUNICIPAL CODE FROM THE LANE REGIONAL AIR POLLUTION AUTHORITY TO THE LANE REGIONAL AIR PROTECTION AGENCY, AND AMENDING THE RESIDENTIAL WOOD HEATING ADVISORY THRESHOLD VALUES. ISSUE STATEMENT: Lane Regional Air Protection Agency (LRAPA) has requested amendments to Springfield's "Red-Yellow-Green" Residential Wood Heating Advisory ordinance 4.506 "Definitions," to revise wood heating advisory thresholds downward, reducing wood heating pollutant levels to ensure that Springfield continues to meet federal air quality standards. LRAPA also requested updating the Municipal Code to reflect LRAPA's current name, as noted above, where it appears in the Code. ATTACHMENTS: Attachment A - Council Briefing Memo Attachment B - Letter from LRAPA Attachment C - Proposed Ordinance DISCUSSION: Springfield Municipal Code Section 4.506 presently defines air quality threshold values for residential wood heating (RWH) restrictions when high levels of air pollution are forecast. The restrictions are communicated to the public via published advisories, using a Green, Yellow, Stage 1 Red, and Stage II Red designation to denote increasing restrictions on allowable burning activities. Restrictions are progressive as forecast pollution levels increase, up to and including a prohibition on the use of wood heating devices, except pellet stoves, without a special exemption, available from LRAPA. Threshold levels for the advisories are developed by LRAPA, based on the EPA's National Ambient Air Quality Standards (NMQS). The NMQS were recently revised downward, and the proposed amendments seek to proportionally reduce the RWH advisory thresholds to maintain Springfield's air quality within federal limits. The NMQS is based on very small particulate termed PM2.5, which, in high concentrations, is believed to adversely impact the health of sensitive individuals The RWH advisory thresholds represent maximum allowable levels of air pollutants believed to protect the health of sensitive individuals. In September, 2007, LRAPA submitted a letter to Mayor Leiken requesting that the City amend the Municipal,Code regarding the levels of PM that trigger the various advisories, lowering the threshold levels for all categories of the advisory (see Attachment A). This reflects changes to the NMQS, which were recently revised when research showed that lower pollutant levels were needed to reduce the risk to human health from air pollution. A public hearing and first reading of the proposed ordinance was held at the February 4, 2008 regular Council session. The current and proposed PM2.5 concentration thresholds, and their respective advisory level, are included in Attachment A, Council Briefing Memo. The letter from LRAPA requesting the amendments is included as Attachment B, and the proposed ordinance is Attachment C. From: February 13, 2008 Gino Grimaldi, City Manager Chuck Gottfried, ESD Superviso&t ~'l. (b Dan Brown, Public Works Director Residential Wood Heating Ordinance Amendments COUNCIL BRIEFING MEMORANDUM Date: To: Subject: ISSUE: The Lane,Regional Air Protection Agency (LRAPA) recently requested that Springfield amend section 4.506 of the Municipal Code, reducing the threshold levels at which the City's Residential Wood Heating (R WH) advisories are implemented, in an effort to reduce wintertime air pollution levels. Additional proposed changes include changing LRAPA's name in Section 4.418 and 4.500 of the Municipal Code, from the previous "Lane Regional Air Pollution Authority" to its current name. BACKGROUND: LRAP A administers a wood heating advisory program in Eugene and Springfield, designed to limit residential wood heating when forecast weather conditions will trap wood smoke and other pollutants near the ground. The program uses a color-coding advisory system to inform residents of unhealthy air quality, and urges (or requires) them to curtail the use of wood-burning appliances. The advisories are published in newspaper, radio, and television media, and are enforceable with fines. LRAP A has been delegated the authority by the City to administer the enforcement and compliance efforts throughout the Springfield (and Eugene) Metropolitan area. . . The advisory uses forecast pollution levels of very small particulate, called PM2.5 as triggers for progressively more restrictive burning advisories. The advisories, developed and published daily by LRAPA, are desIgned to keep local air pollution levels below the National Ambient Air Quality Standards (NAAQS) established by the federal government. These levels are established by the EP A to protect the health of sensitive individuals. LRAP A's proposed threshold levels are reduced from the present levels, proportional to the recently-revised lower NAAQS. DISCUSSION: Reducing the threshold levels for implementing restrictive Red or Yellow R WH advisories will lower wintertime air pollution levels in Springfield. The current threshold levels, established in 2000, were developed to help Springfield meet the NAAQS in place at that time. Earlier this year, the PM2.5 NAAQS was revised downward. The proposed threshold levels are intended to help Springfield meet the new lower NAAQS. The new levels are based on proportional reductions of the NAAQS. Under the current advisory levels, Springfield observed an average of one Red advisory and 3 Yellow advisories per winter. Under the proposed threshold levels, LRAPA anticipates as many as II red advisories, and 8 yellow advisories per winter. During restrictive advisories, LRAPA conducts compliance inspections, with an emphasis on education. However, fines are authorized for violators. Exemptions from the requirements are available through LRAP A, based on economic need, to allow low-income residents to continue to bum wood. LRAP A operates a similar program in Eugene, where amendments to their program have been adopted and await implementation. Similar programs exist in Oakridge, Klamath Falls, and Medford, in addition to several Central and Eastern Oregon cities. Some of these programs have already implemented lower threshold levels for their advisories; other cities are in the process of proposing these reductions. Section 4.508 of the Municipal Code establishes burning prohibitions under the various advisories. The current and proposed threshold PM2.5 levels (in micrograms of particulate per cubic meter of air), along with a summary of each burning advisory, are presented below: Advisory Current PM2.5 Proposed PM2.5 Required Action level level Green 41 <25 AQ is good; burning allowed, emissions must be <40% opacity Yellow ;::::41 and <55 ;::::25 and <30 AQ is fair; bum with caution, emissions must be <40% opacity Phase I Red ;::::55 and <65 ;::::30 and <35 AQ is poor; limit burning, no visible emissions allowed Phase IT Red ;::::65 ;::::35 AQ is poor; no burning allowed except pellet stoves with no visible emissions Additional provisions of this proposed amendment change the name of LRAP A, as found elsewhere in the Municipal Code, from its previous name, the Lane Regional Air Pollution Authority, to its present name, the Lane Regional Air Protection Agency. ACTION REQUESTED: Hold a public hearing and first reading of an ordi)1ance amending the Springfield Municipal Code, Chapter 4, revising the current wood heating restrictions and amending relevant sections of the Municipal Code to reflect a name change by the former Lane Regional Air Pollution Authority to the new name, the Lane Regional Air Protection Agency. ORDINANCE NO-,-- (General) AN ORDINANCE REGARDING AIR POLLUTION, AMENDING CHAPTER 4, SECTIONS 4.418(4),4.500 AND 4.506 OF THE SPRINGFIELD MUNICIPAL CODE, AND CHANGING REFERENCE IN THE SPRINGFIELD MUNICIPAL CODE FROM THE LANE REGIONAL AIR POLLUTION AUTHORITY TO THE LANE REGIONAL AIR PROTECTION AGENCY, AND AMENDING THE RESIDENTIAL WOOD HEATING ADVISORY THRESHOLD VALUES. The City of Springfield, Oregon, does ordain as follows: Section 1. Section 4.418 (4) Licenses and Permits for Hauling of the Springfield Municipal Code, 1997, is hereby amended to read: "4.418(4) Nothing herein contained shall prevent the burning of leaves and dry rubbish if a permit to do so is obtained from the city and if such burning is authorized or allowed by the regulations adopted by the Lane Regional Air Protection Agency and consist~nt with the requirements of the Uniform Fire Code." Section 2. Section 4.500 Lane Regional Air Pollution Authority of the Springfield Municipal Code, 1997, is hereby amended to read as follows: "4.500 Lane Regional Air Protection Agency. The Lane Regional Air Protection Agency (LRAPA) is the primary authority responsible for the control and/or abatement of air pollution in the city. As part of its duties LRAPA is responsible under its rules and regulations and Oregon Administrative Rules, for administering the most current Oregon Revised Statutes which concern air quality." Section 3. Section 4.506 Definitions of the Springfield Municipal Code is hereby amended to read as follows: "LRAPA. Lane Regional Air Protection Agency, a regional air quality control authority established under the provisions of, and with authority and powers derived from Oregon Revised Statutes 468A.1 05 et seq." Section 4. Section 4.506 Definitions of the Springfield Municipal Code is hereby amended to read as follows: "Green Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be less than 100 micrograms per cubic meter and PM2.5 levels are forecast to be less than 25 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary. ORDINANCE Page -1- ATTACHMENT C Page 1 of 2 Yellow Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equalto 100 micrograms per cubic meter but less than 125 micrograms per cubic meter, or when PM2.5 levels are forecast to be greater than or equal to 25 micrograms per cubic meter but less than 30 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary. Stage I Red Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 . levels are forecast by LRAPA to be greater than or equal to 125 micrograms per cubic meter but less than 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater than or equal to 30 micrograms per cubic meter but less than 35 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary. Stage II Red Advisory. A 24-hour period beginning at 4:00 p.m. when PM10 levels are forecast by LRAPA to be greater than or equal to 150 micrograms per cubic meter, or when PM2.5 levels are forecast by LRAPA to be greater' than or equal to'35 micrograms per cubic meter, within the Eugene/Springfield Metropolitan Area General Plan Urban Growth Boundary." Section 5. Except as specifically amended herein, all other terms and conditions of the Springfield Municipal Code Sections 4.418(4),4.500, and 4.506 shall remain in full force and effect. Adopted by the Common Council of the City of Springfield this _ day of a vote of _ in favor _ against. by Approved by the Mayor of the City of Springfield this _ day of ,2007. Mayor ATTEST: it~t"lr""-'~ [) ",,,,,,r,''''''tD "f,. .,l ~ '" :i<; I. 1'1 t. I~, ,.' \;> Ii'~; ,'\~ i ~i i..\:;.!J ilt. -:'".t..::.oo ;:.. ,;',il. 0 ,,4, It \1 AS TO FORM ~~ DATE: "1.../0/0% OFFICE OF CITY ATTORNEY ORDINANCE Page -2- ATTACHMENT C Page 2 of 2