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Saturday, April 24, 2010
Environment - Potential regulation of emissions from wood-fired outdoor boiler continues to "shock and surprise" some legislators
The ILB has a very long list of entries on outdoor wood-fired boilers and efforts to regulate them so that the smoke does not harm the immediate neighborhood and the environment as a whole.
This ILB entry from Jan. 7, 2010, summarized the history of IDEM's regulatory efforts. If you are interested in this topic, I urge you in particular to read it and this ILB Dec. 29, 2005 entry.
Here are some recent news stories on the topic:
- "States get tough on outdoor wood furnace smoke" was the headline to an AP story by Lisa Rathke published April 4, 2010 in the Louisville Courier Journal (and other papers). Some quotes:
MONTPELIER, Vt. — When oil prices climbed, more people turned to wood to heat their homes, many using outdoor wood furnaces that to some are air-polluting nuisances.
From Vermont to Connecticut to Indiana, some neighbors have complained about smoke from these furnaces drifting into their yards and homes, in some cases triggering asthma attacks and lung problems. Several Vermont homeowners said the smoke has even set off smoke alarms in their own homes, and at least two of those affected said they have had to move.
“Wood smoke is not benign but people think it is,” said Philip Etter, environmental analyst with the Vermont Department of Environmental Conservation. “They sort of grew up with it — because it smells nice in sort of a nostalgic sense — and they think it's fine, but it's not.”
Residential wood smoke is toxic, with carcinogens and fine particulates that can get deep into lungs and cause lung and cardiovascular problems, he said.
The older furnaces generate at least 20 times more emissions than Environmental Protection Agency-certified wood stoves, and as much particulate matter as 50 to 500 diesel trucks, depending on the truck age and level of control, according to Northeast States for Coordinated Air Use Management, a nonprofit association of state air quality agencies in the Northeast.
While the EPA regulates indoor wood stoves, it issues only voluntary guidelines for manufacturers of outdoor wood furnaces, which are also called boilers and hydronic heaters.
Typically the boilers are in sheds with short chimneys and heat water that is circulated through floors or radiators in a nearby residence. Some are used to heat water year-round. * * *
The furnaces cost from $9,000 to $12,000 before installation.
The new models, now the only ones that can be purchased in northern New England, are up to 90 percent cleaner and use up to 50 percent less wood, though they cost about $1,500 more than the older units.
“We feel that manufacturers should come to the table and get these kind of products out on the market because it's important,” said Rodney Tollefson, vice president of Central Boiler Inc., in Greenbush, Minn.
- "Wood-fired boilers worry EPA: Agency wants statewide rules on types of fuel" is the headline to this March 25, 2010 story in the Columbus Dispatch, reported by Mark Ferenchik. Some quotes:
A lot of Ohioans apparently are burning stuff other than wood in their outdoor wood-fired boilers - tires, paint, garbage, even manure and animal carcasses.
The Ohio Environmental Protection Agency has received complaints from across Ohio of people using their boilers like incinerators, said spokeswoman Linda Oros.
That's why the agency wants to regulate them like incinerators, requiring operating permits and limiting the amount of pollution they can emit.
Outdoor wood-burning boilers are becoming more popular as people try to cut heating costs. The boilers, often housed in sheds, are used to heat water, as well as homes and businesses.
Oros said she expects few boiler owners to come forward to apply for permits. She expects that the Ohio EPA will investigate complaints and enforce the regulations if owners are burning anything but wood.
Two years ago, the Ohio EPA drafted statewide rules for all outdoor wood-fired boilers. But after a public outcry, state officials said one-size-fits-all rules wouldn't work and decided to let local communities regulate the boilers. * * *
Columbus has no rules concerning wood-fired boilers and has no plans to create any, said Amanda Ford, a spokeswoman for Columbus Public Health.
Other Ohio communities, such as Fairfield, Madeira, Springdale and Monroe in southwestern Ohio and Garrettsville in northeastern Ohio, have prohibited them.
Last month, the Ohio Environmental Council and American Lung Association asked the Ohio EPA to control emissions from outdoor wood-fired boilers, calling them a health risk. The council said one outdoor boiler can emit as much soot as two diesel trucks or 45cars per hour.
David Celebrezze, director of air and water special projects for the Ohio Environmental Council, said he wants statewide regulations for all wood-fired boilers.
"If you leave it up to communities, you're going to have this patchwork," he said.
Both groups want the state to require stacks to be at least 5 feet taller than any building within 150 feet, and boilers to be at least 200 feet from adjoining property lines.
They also want the state to prohibit boilers from operating between April 15 and Sept. 13 and to require that they burn wood that has not been painted or stained.
Nonetheless, some legislators, who should be following the process (that the legislature itself devised) and keeping their constituents informed, instead continue to be "shocked and surprised" that regulation of wood-fired outdoor boilers is under consideration.
In Dec. of 2005 Bedford's WBIW reported:
Cities like Los Angeles might require air-quality control, however for environmentalists to claim [outdoor] wood-burning furnaces are a health problem in Indiana is ridiculous. State regulators asked for comments from Hoosiers on the subject, and they are on the receiving end from citizens that don't want the IDEM meddling in what method they use to heat their homes. Until State Senator Brent Steele became aware of the public comment period that ends January 3rd, the IDEM had more or less kept their comment period a secret [emphasis added].And the Bedford Times-Mail wrote:
The proposal also lit up the concerns of state Sen. Brent Steele, R-Bedford, who said he had a hard time tracking down information on the proposal.Four years, many public notices, hearings and comment periods later, on March 9,2010, the Brookville News had this article, writen by John Estridge, editor, showing nothing had changed insofar as legislative awareness is concerned. Some quotes:“I don't know, really, what's up,” Steele said. “I just noticed they were in a rule-making process, and I couldn't figure out what they were trying to do. ... It dawned on me if it was that hard for me as a senator to find out what was going on, the average person probably didn't know about it.”
Restrictive changes are being mandated by the Indiana Department of Environmental Management for outdoor heaters.Here is the 2nd Notice and text of the proposed new rule to regulate emissions from outdoor boilers, as published Jan. 6, 2010. It includes a long list of public comments and responses.State Senator Jean Leising (R-Oldenburg) found out about the changes in late February. This caused the rural legislative caucus to meet with IDEM Commissioner Thomas Easterly. In the meeting, Easterly informed the legislators of the changes and told them the public comment part of the process was at an end. It ended on Feb. 22, about one day after the meeting.
According to Leising, the rules had been published in the Indiana Register but were not well known. She found out about the rule change from a constituent. Leising asked that the comment section be extended, but Easterly said IDEM had enough comments.
New pollution controls on heaters being manufactured will increase costs by $2,000-4,000 per unit. Existing units that do not meet the new standards will not be allowed to operate between May 1 and Sept. 30 of each year. Also, units within 150 feet of a structure on another property will have to put an exhaust pipe on the unit that is five feet above the roof line of the structure.
These changes go into effect in December of this year.
Leising was very upset by the changes. She said many of the people using the outdoor heaters also use the heaters to heat their water. With the new rules, they will not be able to have hot water for five months out of the year. Also, the rule about the pipe having to be five feet above the structure's roof is not well thought out, she said.
She asked Easterly how an exhaust pipe could be stable if the structure in question is a large two-story structure and the pipe has to extend five feet above that. He did not have an answer for her.
According to Leising, Easterly told the legislators IDEM received complaints about the outdoor burning units. When pressed on how many complaints IDEM has received, he replied the state agency received 41 complaints and there are an estimated 7,000 outdoor units in use in Indiana.
“That's not many complaints at all,” Leising said. “I've never had a complaint about one, and I receive complaints about everything. It's part of the job.”
Some legislators from more urban areas said they have received complaints. Leising said she and other rural legislators told their fellow legislators those areas should take care of the problem with local ordinances instead of a state agency like IDEM making restrictive rules that will affect residents in the entire state.
According to an IDEM fact sheet, the rule changes are being done to protect air quality. The outdoor heaters it is targeting are designed to use suppressed combustion to save wood.
“Suppressed combustion creates large amounts of particulate air pollution,” the fact sheet states.
When Leising discovered IDEM was forcing manufacturers to make changes that will increase a per-unit cost by several thousand dollars, she asked Easterly if he understood what the Indiana economy is like. She said he apparently did not. She asked him if he knew the price of a gallon of LP gas. He did not.
“They (officials in Indianapolis) don't get it,” Leising said. “People are just happy to have a job. People are just getting by. With record prices LP gas, this is the worst time to do this”
Another constituent informed Leising that while IDEM is trying to price the outdoor heaters out of the reach of Hoosiers, the federal government is giving tax credits for their purchases. Leising went back to the legislature and spoke with a fellow state senator who works with tax law. He agreed with the constituent. Outdoor heaters qualify for a $1,500 federal tax credit if purchased between Jan. 1, 2009 and Dec. 31, 2010.
“It is very discouraging because it is a classic example of the right hand not knowing what left hand doing,” Leising said.
According to the fact sheet, the next step in the process is to review and respond to the comments, republish the rulemaking package and have a pulbic hearing at the Air Pollution Control Board. This would occur in June at the earliest.
After that, there will be a second public notice and hearing before the final adoption. The Attorney General will have a 45-day review period followed by a 15-day review period by Gov. Mitch Daniels.
Apparently letter-writing is the only avenue left open for those upset by the changes. * * *
Unfortunately, according to Leising, this is an example of a bureaucratic agency that is not accountable to the voters having the ability to create rules that affect all Hoosiers. It is able to create these rules without any input from the legislature.
Posted by Marcia Oddi on April 24, 2010 01:35 PM
Posted to Environment