An OWB Program Experience in Linn County, Iowa November 8, 2012

December 21, 2010 “The [Wood-fired boilers] came under Linn County Public Health scrutiny over the past year after a handful of neighbors complained about smoke blowing into their yards.” “Hodina worked for months on an ordinance that would bring the boilers into compliance without forcing owners to abandon what was in some cases a $10,000 investment.” “The supervisors disregarded the recommendation and voted 4-1 on Aug. 27 to exempt existing boilers. The emissions rules would apply to new units, but complaints against existing ones would be handled case-by-case using nuisance laws.”

Ground Zero

Local SIP-Approved Rules 10.5 Permit Required Exemptions Fuel-burning equipment for indirect heating and re-heating furnaces or cooling units using natural or liquefied petroleum gas exclusively, with a capacity of less than 10 million BTU per hour input per combustion unit Visible Emissions No person shall allow, cause, or permit the emission of visible air contaminants of a density or shade equal to or darker than that designated 20 percent opacity 10.8 Emissions From Fuel-Burning Equipment Applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liquids, gases or solids and in the course of doing so, the products of combustion do not come into direct contact with process materials. For heat inputs less than 10 million BTU, 0.6 lb/million BTU shall apply.

Approach to Rule Modification Understand who has OWBs in Linn County and how they are used. Who is selling OWBs in Linn County and how are they marketing these units. Establish operating conditions for existing units to operate without violating NAAQS. Propose rules to: – Grandfather existing units – Require new units to meet SIP limit

Input from Iowa DNR April 22, 2009 “Ordinances adopted by Linn County that are less stringent than the applicable state standard will not supersede the applicable state standard unless they are incorporated by EPA into Iowa's SIP. EPA may incorporate less stringent ordinances into the SIP on a case-by-case basis provided that a demonstration is made that the relaxation in the emission standard will not result in an adverse impact on air quality. The DNR and EPA may both enforce the more stringent state emission standard if the less stringent standard in the Linn County ordinance is not made federally enforceable through incorporation into the SIP.”

Modeling Demonstration Establish siting and operating conditions for existing units to operate without violating NAAQS considering the following variables: – Stack heights – Setback distances – Residential versus agricultural heat demand – Seasonal variability

Annual Heat Degree Days MonthHeat Degree DaysAnnual Percentage Jan134121% Feb126920% Mar87214% Apr3846% May1322% Jun00% Jul00% Aug00% Sep441% Oct3155% Nov68511% Dec134521%

Modeling Assumptions Used PM 2.5 background as Design Value of 28  g/m 3 and 10.2  g/m 3 In addition to PM 2.5, evaluated CO, SO 2, and NO 2. Emission factor for uncertified boiler of 12.2 g/kg (1.44 lb/MMBtu) of wood burned. Wood firing rates based on heat demand were calculated in range of 51 to 153 MMBtu/yr – 15 and 25 cords per year for agricultural setting – 5.0 and 7.5 cords per year for residential setting

5 Cords/Year OctNovDecJanFebMarApr lb/season lb/day lb/hour gm/hr Cords/ Year OctNovDecJanFebMarApr lb/season lb/day lb/hour gm/hr Seasonal Variability of Heat Demand & PM Emission Rates

“The Iowa Department of Natural Resources swooped in and put the brakes on Linn County’s plans to exempt existing wood- fired boilers from a new ordinance regulating the units. If the supervisors exempt the boilers, Fitzsimmons said, her agency would review Linn County’s air quality division and perhaps withdraw the state’s stamp of approval. The supervisors responded Monday by postponing the second reading of the ordinance until Sept. 9, time enough to decide whether it’s possible to exempt existing boilers without losing funding for local air quality.” December 21, 2010

Final Proposal All Boilers – Registration permit for existing and new units – Established “Nuisance Conditions” for all OWBs – All new boilers must meet 0.6 lb/mmBtu for PM 2.5 Existing Boilers – Agricultural Use Stack height of 15ft another residence within 500ft Fuel usage limit restricted to 15 cords/year

Final Proposal (continued) Existing Boilers (continued) – Residential Use Sited no closer than 200 ft of the nearest property or Have a stack height two feet higher than the peak of any roof structure that is located within 300ft. Fuel usage limit is restricted to 5 cords annually Cannot operate from May 15 to September 15.

Iowa Attorney General Following a meeting with the Assistant Attorney General, letters were sent out to 21 outdoor wood boiler manufacturers who sell their products in Iowa, which stated: “Our primary concerns relate to the ability of Iowa consumers to lawfully use your company's outdoor wood boiler products. As we understand it, the cost to a consumer of an outdoor wood boiler, on average, is in the range of $10,000 with costs of up to $50,000 for heavier users. Therefore, the consumer's ability to use the product lawfully is a material fact that may not be misrepresented to consumers or concealed from them pursuant to the Iowa Consumer Fraud Act, Iowa Code section The Consumer Fraud Act is Iowa's civil consumer fraud law and is enforced by this office. In addition, as of July 1, 2009, Iowa consumers now also have private remedies for consumer fraud pursuant to a new law, House File 712.”

Today LCPH has had significant reduction in complaints. Some municipalities adopting more stringent requirements than county, with bans in residential neighborhoods Also very few new units being registered. 83 Registered Outdoor Wood Boilers: Built and installed 2006 and later Rated heat input of 125,000 – 500,000 Btu/hr Over 20 different manufactures each with different models Linn County, Iowa

Contact Information James Hodina Environmental Manager Air Pollution Control Officer Linn County Public Health th Street NW Cedar Rapids, Iowa