Donate to the Elbasan Acres Appeal Legal Defense Fund

Please do not donate at this time. The Borough agreed to withdraw the Elbasan Acres development plan. Thank you for your support.

Stop the School in the Smoke
Donate to the Elbasan Acres Appeal Legal Defense Fund

Click the “Donate” button to make your secure donation online thru PayPal.

Or mail your check to:
Elbasan Acres Appeal Legal Defense Fund
c/o Alaska Community Action on Toxics
505 West Northern Lights Blvd, Suite 205
Anchorage, Alaska 99503-2553
(907)222-7714   info@akaction.org  http://www.akaction.org
TIN: 920177082

All donations are fully tax deductible to the extent allowed by law.

Questions? Please contact Patrice Lee, Fund Coordinator <patricelee3294@gmail.com> 799-9580 cell

Alaska Community Action on Toxics has kindly agreed to collect donations for the appeal. Like ACAT on Facebook!  [ACAT Facebook Page]

Your donation is needed now to stop local government from building an elementary school and up to 200 homes in one of the worst air polluted areas in the nation. Children and teachers deserve a school with healthy air, not in a pollution pit. This project would also flood an already saturated real estate market, increasing the downward pressure on home values.

With your support, the Elbasan Acres citizens’ appeal, filed June 3 in Superior Court, will set a court precedent that local governments cannot disregard evidence of harm from air pollution. Donations are most urgently needed to transcribe public testimony and copy the evidence submitted on the record for Judge Michael MacDonald. With sufficient support, the appellants will hire an attorney to file the brief and motions and present oral argument.

The opposing side, the Fairbanks North Star Borough, has the ability to commit multiple staff attorneys and significant resources–funded by your property tax dollars. Only FNSB can answer why they are pressing ahead with this wrong-headed plan to put an elementary school and hundreds of homes in an area known to have life-threatening levels of air pollution.

On the side of public health and private property values, the public interest appellants have limited resources but are assisted by three volunteer attorneys and an energized community of air quality advocates standing up together.

Please donate as soon as possible. Any amount is deeply appreciated. Your donation is your voice to require the Borough to comply with its own rules and laws established to protect health, safety, and property values.

Background:
The Fairbanks North Star Borough is spending local tax dollars for a project called Elbasan Acres on Borough land near Brock, Repp, and Hollowell Roads in North Pole. Objections raised by local residents, parents, teachers, property owners, realtors, developers, doctors, and scientists have been disregarded. The purpose of the Elbasan Acres citizens’ appeal is to require local government to stop risking public health and property values and start following local code, state law, and the State Constitution. It’s time for local government to help solve Fairbanks and North Pole’s air pollution and economic downturn, not make it worse.

Three long-time local residents filed the appeal in Superior Court June 3:

• Jeanne Olson, DVM <corvi@mosquitonet.com> owner, Raven Veterinary Clinic on Hollowell Road; testified against FNSB Platting Board approval; appealed the decision to the FNSB Planning Commission; presented evidence from nine experts and 422 petition signatures in opposition to the school and subdivision location.
• David Lanning – professional engineer and developer; raised concerns about increased air pollution to the Platting Board; withdrew himself as a voting member of the Planning Commission to speak in favor of Dr. Olson’s Planning Commission appeal.
• Patrice Lee <patricelee3294@gmail.com> raised concerns to the Platting Board and Planning Commission on how smoke pollution has harmed her family; retired teacher and current substitute teacher who has experienced first-hand the harm of smoke pollution to school staff and students; coordinator of the Elbasan Acres Appeal Legal Defense Fund.

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Smoke Days Pile Up during January in North Pole

The North Pole Fire Station monitor is located on the west side of the North Pole Fire Station #3 [Bing Map: 3288 Hurst Road, North Pole, Alaska 99705], run by the FNSB North Star Volunteer Fire Department. The North Pole Fire Station monitor recorded the following:

• 15 days from January 1 to January 31 exceeded the health-based EPA PM 2.5 standard of 35 micrograms/cubic meter (µg/m³).
• 93 µg/m³ was the average exceedance concentration.
• 48% of the days in January exceeded the standard (15 of 31 days)
• 132.9 µg/m³ was the highest 24-hour average recorded.
• 423 µg/m³, an hourly reading, was recorded Wednesday, January 27, 2013 at 9 pm.
• 53.9 µg/m³ was the average for the month, Jan 1 to Jan 31, 2013.

The colors in the graph are based on EPA’s newly revised Air Quality Index.

>>Link EPA Revises Air Quality Index for Fine Particle Pollution

EPA recently reported it does not consider data from the North Pole Fire Station monitoring site in its consideration of PM 2.5 nonattainment, even from the co-located Federal Reference Method monitor (not available online).

If you’d like a copy of the Excel datasheet used to make the graph, request it from <cleanairfairbanks@gmail.com>. Please refer to the name of this post.

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48 Days of Smoke in Rectangle of Death AK 99705 [Graph]

The North Pole Fire Station monitor is located on the west side of the North Pole Fire Station #3 [Bing Map: 3288 Hurst Road, North Pole, Alaska 99705], run by the FNSB North Star Volunteer Fire Department. The North Pole Fire Station monitor recorded the following:

• 48 days from October 1 to December 31 exceeded the health-based EPA PM 2.5 standard of 35 micrograms/cubic meter (µg/m³).
• 101.3 µg/m³ was the average exceedance concentration.
• 68% of the days from October 23 to the end of the year exceeded the standard (48 of 70 days)
• 184 µg/m³ was the highest daily average recorded.
• 353 µg/m³, an hourly reading, was recorded Thursday, December 20, 2012 at 1 am. Two higher hourly outliers were not graphed: 580 and 516. Clean Air Fairbanks excluded these because they seem too high to believe; however, they may be accurate.
• 59.9 µg/m³ was the average for the three-month period, Oct 1 to Dec 31, 2012.

The colors in the graph are based on EPA’s newly revised Air Quality Index.

>>Link EPA Revises Air Quality Index for Fine Particle Pollution

If you’d like a copy of the Excel datasheet used to make the graph, request it from <cleanairfairbanks@gmail.com>. Please refer to the name of this post.

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Fairbanks’ Future? How the Pacific Northwest Controlled Smoke

 Review this NPR article: Where There’s Smoke, There’s Sickness: Wood Smoke now a major Northwest air polluter 12/16/2011.

Methods discussed or in effect to reduce PM 2.5 pollution:

• Label wood as carcinogenic
• Prohibit installation of wood stoves not meeting standards or require their removal [Washington state’s standards are more restrictive than EPA’s certified stove program or EPA’s Phase 2 qualified program for hydronics.]
• Allow agencies to declare burn bans at lower pollution levels to better head off extreme pollution events
• Prohibit “any visible smoke” during burn bans, rather than allowing smoke within prescribed opacity limits
• Further restrict fine particle pollution from other sources such as cars, trucks, and ships
• Use infrared vision devices to detect smoke emissions at night
• Expand the number of inspectors
• Require stoves not meeting standards to be removed when the property is sold  [Many property sales agreements in the Northwest already include this requirement.]
• Provide economic assistance to support transitions to cleaner heating systems — that funding is running out in Washington state

Just one of these methods — change-out funds — has been put to work reducing winter smoke pollution in Fairbanks and North Pole.

The good news is these methods work on winter smoke.
Washington and Oregon counties are kicking the winter smoke habit. In 2010, Washington counties with winter smoke [Clark, King, Pierce, Snohomish] dropped to none or just one day. King (Seattle) had a single Unhealthy for Sensitive Groups day in 2010. Oregon counties with winter smoke [Klamath, Lake, Lane] also made major headway. The highest number was Lane County (Eugene) Oregon that had 4 USG days in 2010. The Pacific Northwest deserves credit for working to breathe healthy air every day.

Fairbanks had 22 USG and 2 Unhealthy days in 2010.

HOW TO COMPARE YOUR AIR

EPA’s AIRNow AirCompare compare counties within a state and review monthly averages and historical profiles yourself

EPA’s AIRNow AirCompare – 2010 state summaries for Alaska, Washington, and Oregon

Compare 2010 monthly averages for up to 10 counties within a state This link is great for figuring out when to visit (or not to visit) an area). At the top of the form, select “Asthma or other lung disease” or “Older adults and children” so the graphs show the number of Unhealthy for Sensitive Groups days as well as Unhealthy. To get the number of air pollution days during 2001 to 2010, follow the historical profiles link at the top of your monthly average search result.

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Who’s Taking Care of North Pole?

Update 1/16/2012: DEC declared this Air Quality Advisory at 11:30 am today: Air Quality Advisory UNHEALTY 2012-02 for Fairbanks and North POole areas Valid January 16 1130AM to January 17 2012 5PM. Glad to see it, typos included.

Not DEC.

The Alaska Dept of Environmental Conservation hasn’t noticed they needed to declare an Air Quality Advisory because of dangerous PM 2.5 levels. Today, Saturday, Jan. 14, 2012, at the North Pole Elementary School, the average for the last 24 hours is 73 micrograms per cubic meter, with the latest reading of 170 µg/m³ at 7 pm. These levels are UNHEALTHY.

Link: EPA’s cautionary statements for PM 2.5

What is DEC’s excuse? No overtime.

DEC doesn’t pay its employees to work after hours on our air problem. State employees who monitor air quality for Fairbanks and North Pole live in Anchorage. This is a 3-day holiday weekend. This is not the first 3-day weekend when DEC has dropped the ball. A representative from DEC at a meeting Jan. 11, 2012 said DEC doesn’t work past 6 pm. That means not after 6 pm weekdays and not at all on weekends or holidays.

Tell DEC Commissioner Larry Hartig <larry.hartig@alaska.gov> to give DEC air monitoring staff overtime so they can do their job, even on weekends.

This is a matter of health. DEC should update Air Quality Advisories on weekends and respond to complaints promptly, even outside of regular working hours. Right now DEC inspectors should be heading out to North Pole to find the sources of the smoke. DEC should invite the Borough sniffer vehicle along to detect smoke in the dark.

Borough staff did their job today. At 4:30 pm, the Borough declared North Pole UNHEALTHY on http://co.fairbanks.ak.us/airquality. The Borough forecasts very poor dispersion conditions to continue through Tuesday. DEC will be back to work Tuesday.

Unfortunately, the FNSB Near-Real Time site underreports the current hour’s 170 µg/m³ levels in North Pole as only UNHEALTHY FOR SENSITIVE GROUPS.

DEC and the Borough should alert the local media, Fairbanks Memorial Hospital, public safety officers, coaches, athletic groups, and school officials that residents need to take caution. Residents who are unusually sensitive to PM 2.5 should avoid exposure. Residents report PM 2.5 inside their homes even with multiple air cleaners running.

Many communities have PM 2.5 levels reported as an Air Quality Index. 73 µg/m³ of PM 2.5 converts to 155 AQI.

Link: EPA AQI Calculator – concentration to AQI

EPA Cautionary Statement for UNHEALTHY: People with respiratory or heart disease, the elderly, and children should avoid prolonged exertion; everyone else should limit prolonged exertion.

EPA Health Effects Statement  for UNHEALTHY: Increased aggravation of heart or lung disease and premature mortality in persons with cardiopulmonary disease and the elderly; increased respiratory effects in general population.

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Borough Workshop on PM 2.5 and Health: Tues, Oct 25

Workshop on Fine Particulate Air Pollution and Public Health

Tuesday, Oct. 25, 2011, from 5:30 to 8:00 pm
Morris Thompson Cultural and Visitor Center, 101 Dunkel Street, Fairbanks [Google map]

The workshop will focus on the health effects of fine particulate matter (PM2.5) in the Fairbanks North Star Borough and surrounding communities. These particles, which are approximately 1/30th the width of a human hair, pose health risks because they can lodge deeply into the lungs.

Review a FDNM story on the workshop, Agencies offer look at health, pollution problems in Fairbanks 10/22/2011

Bring your questions for these experts:
Paul Garbe, DVM, MPH, chief of Centers for Disease Control and Prevention’s Air Pollution and Respiratory Health Branch
Rachel Kossover, MPH, RD, CDC’s Division of Healthcare Quality Promotion
Jim Conner, PhD, Fairbanks North Star Borough Division of Air Quality
Joe McLaughlin, MD, MPH, State Epidemiologist and Chief, Alaska Division of Public Health, Section of Epidemiology
Chung Nim Ha, MPH, Acting Program Manager, Alaska Division of Public Health, Environmental Public Health Program
Owen Hanley, MD, local pulmonologist

A question-and-answer session moderated by Brenda Holden will take place following the presentations, and presenters will be available for individual questions and discussion as well.

In 2010, Rachel Kossover co-authored a a study on the association between PM 2.5 and Fairbanks hospital admissions while working in Alaska with the CDC. 5,718 hospital visits were analyzed for the study. The mean 24-hour PM 2.5 level was 20.1 μg/m³. The study found statistically associated hospitalizations with increased mean 24-hour PM 2.5 levels. Specifically, for each 10 μg/m³ increase in the mean 24-hr PM 2.5 level one day prior to a hospital visit, there was:

• a 7% increased risk for a cerebrovascular disease-coded visit in persons aged <65 years;
• a 6% increased risk for a cerebrovascular disease-coded visit in persons aged >65 years; and
• a 6% increased risk for a respiratory tract infection-coded visit in persons aged <65 years.

According to Kossover, “Increased hospital visits, especially by the elderly, are shown to occur when PM2.5 levels rise. We’d like to get local input on the problem.”

Link: State of Alaska Epidemiology bulletin: Association between Air Quality and Hospital Visits – Fairbanks, 2003-2008 8/30/2010
Link: Event Flyer
Link: Event Agenda

Read Full Post »

Smoke Laws, Codes, & Policies

[Update: On Jan 3, 2012, Alaska DEC filed in court against the Straughns for nuisance smoke from their two outdoor wood boilers located across the street from Woodriver Elementary. Follow Case 4FA-13-01205CI on CourtView.]

Borough residents have reported over 500 public smoke pollution complaints since 2008. Yet, there is no record that any agency has ever verified a violation, prosecuted an emitter, or issued a fine for smoke pollution in the FNSB. In 2011, the Alaska Department of Environmental Conservation ordered two local emitters to abate smoke nuisances but has been unable to find a violation of either order. DEC can prosecute violations of AS 46.03, AS 46.14, regulations, and orders but has no statutory authority to write tickets for air pollution.

These are the only nuisance abatement orders ever issued in the Fairbanks area:

Woodriver Elementary School [public record]
DEC Nuisance Abatement Order [enforceable] March 10, 2011 for 58 Trinidad Dr & 5055 Palo Verde Ave, Fairbanks [97KB]
DEC Compliance Letter [unenforceable] April 13, 2009 for 58 Trinidad Dr & 5055 Palo Verde Ave, Fairbanks [47KB]

Steese Highway and Farmer’s Loop [public record]
DEC Nuisance Abatement Order [enforceable] Jan. 26, 2011 for 150 Farmer’s Loop Extension, Fairbanks [42KB]

Following are links to laws, regulations, codes, and policies that could help reduce smoke pollution in Fairbanks and North Pole, Alaska. Emphasis added.

United States

Clean Air Act, as amended 1990
Particulate Matter Standards, Federal standards for PM 2.5 [adopted into state regulation 18 AAC 50.010(B)]
PM 2.5 NAAQS Implementation
EPA PM 2.5 Nonattainment Designation Dec. 2009 for Fairbanks Area
Alaska Governor’s recommendation for designation, Dec. 2007 and supplemental information
Federal Register notice of Fairbanks area PM 2.5 nonattainment designation, effective Dec. 14, 2009, Table 1, p 58696
Federal Register notice of Revisions to Ambient Air Monitoring Regulations, effective December 18, 2006
Network Design Criteria for Ambient Air Quality Monitoring – 40 CFR 58, Appendix D to Part 58 4.7.1(b)(1): “At least one monitoring station is to be sited in a population-oriented area of expected maximum concentration.”

Attainment schedule for Fairbanks area PM 2.5:

Dec 14, 2012 – State Implementation Plan due
Dec 14, 2014 – PM 2.5 attainment deadline
Dec 14, 2019 – final deadline (after all possible extensions)

State of Alaska

State regulation 18 AAC 50.110. Air pollution prohibited:

No person may permit any emission which is injurious to human health or welfare, animal or plant life, or property, or which would unreasonably interfere with the enjoyment of life or property. Eff. 5/26/72

State regulation 18 AAC 50.045. Prohibitions:

(b) A person who owns or operates a stationary source that emits an air pollutant subject to this chapter shall ensure that the stationary source complies with this chapter and any other applicable local, state, or federal law.
(c) A person may not construct, operate, or modify a stationary source that will result in a violation of the applicable emission standards or that will interfere with the attainment or maintenance of ambient air quality standards.

State regulation 18 AAC 50.075. Wood-fired heating device visible emission standards:

(a) A person may not operate a wood-fired heating device in a manner that causes
(1) black smoke; or
(2) visible emissions that exceed 50 percent opacity for more than 15 minutes in any one hour in an area which an air quality advisory is in effect under 18 AAC 50.245.

Testing procedures [6KB] from Alaska Air Quality Control Plan Volume III, Section IV-3, 1983:

Visible emissions of exhaust gases from wood-fired heating devices shall be observed at the point of release to the ambient air regardless of the presence of condensed water vapor. All other conditions specified in Method 9 of Appendix A to 40 CFR 60 shall apply.

State regulation 18 AAC 50.055. Industrial processes and fuel-burning equipment:

(a) Visible emissions, excluding condensed water vapor, from an industrial process or fuel-burning equipment may not reduce visibility through the exhaust effluent by
(1) more than 20 percent averaged over any six consecutive minutes, except as provided in (2) – (9) of this subsection; [applies to waste oil burner]
(9) more than 20 percent for more than three minutes in any one hour for a coal burning boiler…. [Allows three more minutes if coal boiler has DEC operating permit, began operation before August 17, 1971, etc.]

State regulation 18 AAC 50.065. Open burning:

(a) General Requirements. Except when conducting open burning under (g), (h), or (i) of this section, a person conducting open burning shall comply with the limitations of (b) – (f) of this section and shall ensure that

(1) the material is kept as dry as possible through the use of a cover or dry storage;
(2) before igniting the burn, noncombustibles are separated to the greatest extent practicable;
(3) natural or artificially induced draft is present;
(4) to the greatest extent practicable, combustibles are separated from grass or peat layer; and
(5) combustibles are not allowed to smolder.

(b)  Black Smoke Prohibited. Except for firefighter training conducted under (h) or (i) of this section, open burning of asphalts, rubber products, plastics, tars, oils, oily wastes, contaminated oil cleanup materials, or other materials in a way that gives off black smoke is prohibited without written department approval. …

(2) the person who conducts open burning shall establish reasonable procedures to minimize adverse environmental effects and limit the amount of smoke generated; and

(c) Toxic and Acid Gases and Particulate Matter Prohibited. Open burning or incineration of pesticides, halogenated organic compounds, cyanic compounds, or polyurethane products in a way that gives off toxic or acidic gases or particulate matter is prohibited.
d) Adverse Effects Prohibited. Open burning of putrescible garbage, animal carcasses, or petroleum-based materials, including materials contaminated with petroleum or petroleum derivatives, is prohibited if it causes odor or black smoke that has an adverse effect on nearby persons or property.
(e) Air Quality Advisory. Open burning is prohibited in an area if the department declares an air quality advisory under 18 AAC 50.245, stating that burning is not permitted in that area for that day. This advisory will be based on a determination that there is or is likely to be inadequate air ventilation to maintain the standards set by 18 AAC 50.010. The department will make reasonable efforts to ensure that the advisory is broadcast on local radio or television.
(f) Wood Smoke Control Areas. Open burning is prohibited between November 1 and March 31 in a wood smoke control area identified in 18 AAC 50.025(b). [Mendenhall Valley area of Juneau is only area so designated.]

State law AS 09.10.070 Actions for torts, for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years.

(a) Except as otherwise provided by law, a person may not bring an action (1) for libel, slander, assault, battery, seduction, or false imprisonment, (2) for personal injury or death, or injury to the rights of another not arising on contract and not specifically provided otherwise; (3) for taking, detaining, or injuring personal property, including an action for its specific recovery; (4) upon a statute for a forfeiture or penalty to the state; or (5) upon a liability created by statute, other than a penalty or forfeiture; unless the action is commenced within two years of the accrual of the cause of action.

State law AS 44.62.250.  Emergency regulations.

A regulation or order of repeal may be adopted as an emergency regulation or order of repeal if a state agency makes a written finding, including a statement of the facts that constitute the emergency, that the adoption of the regulation or order of repeal is necessary for the immediate preservation of the public peace, health, safety, or general welfare. The requirements of AS 44.62.040(c), 44.62.060, and 44.62.190 – 44.62.215 do not apply to the initial adoption of emergency regulations; however, upon adoption of an emergency regulation the adopting agency shall immediately submit a copy of it to the lieutenant governor for filing and for publication in the Alaska Administrative Register, and within five days after filing by the lieutenant governor the agency shall give notice of the adoption in accordance with AS 44.62.190(a). Failure to give the required notice by the end of the 10th day automatically repeals the regulation.

State law AS 46.03.710. Pollution Prohibited:

A person may not pollute or add to the pollution of the air, land, subsurface land, or water of the state.

State law AS 46.03.790. Criminal penalties:

(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence
(1) violates a provision of this chapter, AS 46.04, AS 46.09, or AS 46.14, a regulation or order of the department, or a permit, approval, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, AS 46.04, AS 46.09, or AS 46.14;
(c) Each day on which a violation described in this section occurs is considered a separate violation.

State law AS 12.55.035. Fines:

(a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.
(b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of no more than

(5) $10,000 for a class A misdemeanor;

State law AS 46.03.810. Air and land nuisances:

(a) A person is guilty of creating or maintaining a nuisance if the person

(1) places or deposits upon a lot, street, beach, or premises, or upon or anywhere within 200 feet of a public highway, any garbage, offal, dead animals, or any other matter or thing that would be obnoxious or cause the spread of disease or in any way endanger the health of the community;
(2) allows to be placed or deposited upon any premises owned by the person or under the person’s control garbage, offal, dead animals, or any other matter or thing that would be obnoxious or offensive to the public or that would produce, aggravate, or cause the spread of disease or in any way endanger the health of the community.

(b) A person who neglects or refuses to abate the nuisance upon order of an officer of the Department of Environmental Conservation is guilty of a misdemeanor and is punishable as provided in AS 46.03.790. In addition to this punishment, the court shall assess damages against the defendant for the expenses of abating the nuisance.

State law AS 46.03.820. Emergency powers:

(a) When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity that, in the judgment of its commissioner presents an imminent or present danger to the health or welfare of the people of the state or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the state to delay action until an opportunity for a hearing can be provided, the department may, without prior hearing, order that person by notice to discontinue, abate, or alleviate the condition or activity. The proscribed condition or activity shall be immediately discontinued, abated, or alleviated.

State law AS 46.14.410. Inadequacy of local program:

(a) If a municipality or a local air quality district has an approved local air quality control program under AS 46.14.400 and the department determines that the program is being implemented in a manner that fails to meet the terms of the cooperative agreement or is otherwise being inappropriately administered, the department shall give written notice setting out its determination to the municipality or local air quality district. Within 45 days after giving written notice, the department shall conduct a public hearing on the matter. The hearing shall be recorded by any means that ensures an accurate record.

Cooperative Agreement, ADEC and FNSB MOU for Air Pollution Control, Jan. 22, 2010:

IV.  Area Source Control Programs
The Borough and DEC recognize that many small stationary pollution emission sources have the potential to collectively impact air quality. These small sources are categorized as area sources by EPA and DEC and may be regulated by local, state, or federal rules, but are not typically permitted by the DEC Air Permit program. They include, but are not limited to, the following types of sources: solid fuel-fired heating devices, commercial and residential space heating, small sources that fall below permitting thresholds, and fugitive dust sources. The Borough will take the lead in developing and implementing local control programs to address pollution from area sources…. [page 2]
V.  Complaint Response
As indicated above [see image in MOU], both DEC and the Borough will be responsible for assessing whether or not an air quality complaint received by the respective agency is a violation of either Borough or State regulations. Once it is determined whether or not either, or both, State or Borough regulations are being violated, or have been violated, the appropriate agency will take the lead role in enforcement action.
VII.  Air Quality Planning
The Borough will:
Implement PM 2.5 strategies to attain the standard that are shown to be reasonable and cost effective;
Take the lead in collaboratively developing with DEC a PM 2.5 attainment plan to bring Fairbanks into attainment with the national ambient air quality standard.

Fairbanks North Star Borough

Prohibited acts and requirements of Chapter 8.21 repealed by Assembly vote following voter approval of Proposition 3 October 2, 2012.
Air Pollution Chapter 8.04, the entire open burning section, was repealed by Assembly vote 1/24/2013, citing Prop 3.

Borough Chapter 8.21.030 Voluntary replacement and repair program. [see full chapter]

Borough Powers Chapter 1.02:

1.02.040 Conferred areawide powers.
A. The borough by ordinance exercises the following powers on an areawide basis:
3. Provides air pollution control in accordance with AS 46.03, May 14, 1970.

1.02.060 Conferred nonareawide powers.
B. The borough may by ordinance exercise the following powers on a nonareawide basis:
4. Provide air pollution control in accordance with AS 46.03;

Borough Chapter 2.48.120 Powers and duties [of the Air Pollution Control Commission]:

D. The commission shall review proposed revisions of regulations or other criteria related to the air quality program and make recommendations to the administration. The commission shall hold public hearings for the purpose of receiving testimony.
E. On request of the borough mayor, the commission may fully investigate nuisances, health hazards and other harmful effects related to or caused by air pollution.
F. The commission shall develop comprehensive plans for the prevention, abatement, and control of air pollution in the borough. Such plans may include recommendations on subjects including, but not limited to, transportation control measures, zoning, taxation, research, and public relations.
G. The commission shall act as a hearing board on appeals on matters relating to the air quality program.

Borough Chapter 2.52.010 Pollution control officer [see Ordinance Footnote, below]:

The director of the department of environmental services, or such other person as the mayor shall designate, shall perform the duties of the pollution control officer. The officer shall be directly responsible to the borough mayor for the implementation of policies and programs instituted pursuant to law for the control of air and solid waste pollution and disposal within the borough.
Ordinance Footnote:
For statutory provisions authorizing municipalities to regulate air pollution control, see AS 29.35 [likely AS 29.35.055]; for provisions setting minimum standards for borough air pollution control programs, see AS 46.03. [more likely AS 46.14.400-410]

Borough Chapter 2.52.020 Responsibilities:

A. The officer shall have the responsibility of investigation to further the purposes specified above, including but not limited to the following:
1. Investigation of citizen complaints;
2. Such investigation as the pollution control commission or borough mayor may direct; and
3. Authority to inspect equipment, structures, and operations and to make measurements on private property at reasonable hours and with proper notice to the occupant of the premises.
B. The officer shall conduct such surveys and research as is necessary to assist the pollution control commission in the drafting of regulations and ordinances.
C. The officer shall to the extent practicable encourage the voluntary cooperation by persons and affected groups to achieve the purposes specified above, or regulations pursuant thereto.
D. The officer has the authority to issue citations to alleged violators of sections of this code relating to control of air and solid waste pollution and disposal, requiring the alleged violators to appear in a court of law.
E. All zoning changes within the borough shall be brought to the attention of the officer by the borough planning director prior to the time notice is given for any public planning commission hearing. If the officer feels that the proposed zoning change will affect the air quality of the borough, he shall issue a report to the planning commission and pollution control commission. The report may recommend approval, modification or disapproval of the proposed zoning change in the interest of maintaining or enhancing the air quality of the borough.
F. The officer shall seek voluntary cooperation of citizens, but has the authority to secure judicial search warrants for conducting routine or area inspection with regard to air pollution of any particular place, dwelling, structure, premises, or vehicle.

Fairbanks North Star Borough School District:

Guidelines for Student Activities in Adverse Conditions [Admin Reg 945] and Outside Elementary Recess [Policy 946] [173KB]

City of Fairbanks

Fairbanks City Code Article VI 34-201 & 34-202 Hydronic heaters:

No hydronic heater may be installed inside the City of Fairbanks after June 8, 2009, without a permit issued by the City of Fairbanks. No permit shall be issued until standards are adopted by the Fairbanks City Council.

Fairbanks Municipal Code Article IV 34-106 Report of pollution conditions:

When the city engineer shall find facilities for disposal of sewage, wastewater or other liquids, or waste gases on premises within the city which do not comply with section 10-136, adoption of the Uniform Plumbing Code, or a failure to use facilities that contaminate or pollute or tend to contaminate or pollute the air, a flowing stream, a standing body of water, groundwater, or the ground to such an extent as to endanger human life or health, a report of such findings shall be made for the files of the state department of environmental conservation and copies of said report shall be distributed to the mayor.

City of North Pole

North Pole Municipal Code 8.04 Nuisances:

8.04.060 Dense Smoke.
It is unlawful for any person to permit the emission of any smoke from any source whatever of a density equal to or greater than that density described as No. 2 on the Ringlemann Chart, published by the United States Bureau of Mines. The emission of such smoke is declared to be a public nuisance and may be summarily abated as provided in this chapter. (Prior code §12-9)

8.04.070 Soot, cinders, noxious acids, fumes and gases.
It is unlawful for any person to permit or cause to escape any soot, cinders, noxious acids, fumes or gases in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or the public, or in such a manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance, and may be summarily abated as provided in this chapter. (Prior code §12-10)

North Pole Municipal Code 12.24.210 Violations Deemed A Public Nuisance:

A. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate may be taken to enjoin or otherwise compel the cessation of such nuisance.
B. It is the duty of the mayor or his designee receiving information or obtaining knowledge of the existence of anything or things declared to be nuisances in this chapter to notify the person committing, creating, keeping or maintaining the same to remove or cause the same to be removed within twenty-four hours, or such other reasonable times may be determined by the city official after such notice has been duly given; and if the same is not removed by such person within the time prescribed in the notice, it shall be the duty of the mayor or his designee to remove or cause to be removed such nuisance or nuisances and all costs and expenses of such removal shall be paid by the persons committing, creating, keeping or maintaining such nuisance or nuisances. A person violating the provisions of this chapter may be punished by a fine of not more than $200 (two hundred dollars) per violation in addition to any costs and expenses for removal of the nuisance.

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Prop 2 Rejected by Voters

On Tuesday, October 4, 2011 voters rejected Proposition 2 on the Fairbanks North Star Borough ballot. Two candidates who supported Prop 2 were elected with strong majorities: John Davies for Assembly and John Eberhart for City Council.

Link: Proposition 2 unofficial results

Question, absentee, and early in-person ballots will be counted after the October 11 deadline for receiving absentee ballots.

According to these unofficial results, voters decided “yes” for Prop 2 in 11 of 42 precincts. Residents in those 11 precincts–and over 39% of all voters–want better air so much they voted to regulate themselves. Turnout on Prop 2 was less than 22% of registered voters. The outcome hinged on 1,550 voters who decided “no” rather than “yes”.

The right to breathe healthy air belongs to every Borough resident, including 25,000 children too young to register to vote. Our town cannot be condemned to be the “Bad-air-banks” it has become. The responsibility to address the imminent harm to health remains in the hands of public agencies, individuals, and the courts.

On the federal deadline for PM 2.5 nonattainment, the state may seek up to eight more years of extensions, until 2019. Postponing action and PM 2.5 attainment undermines the health of every resident and risks damaging the region’s economy.

Link: Looming Federal Deadline and Controls for Fairbanks

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Candidates File for Local Races

Candidates have put their names in the ring for races in the Borough, City of Fairbanks, and City of North Pole election to be held October 4, 2011. All registered voters in the borough are eligible to vote in borough elections for candidates and the FNSB ballot propositions.

The FDNM published this article Candidate filings for local offices sees busy last day 8/15/2011.

Fairbanks North Star Borough Clerk’s office candidate list for 2011

FNSB Proposition 1 – Amending the Definition of “Project” regarding the Alaska Gasline Port Authority (by FNSB Ordinance 2011-24)

FNSB Proposition 2 – Healthy Air Protection Act (by Citizen’s Initiative, Certified July 13, 2011)

City of Fairbanks candidate list 8/15/2011

City of Fairbanks Ballot Proposition A – to increase revenues by paying off existing debt instead of raising current taxes

City of North Pole candidate list, (not available online) filing deadline was 8/12/2011

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Visit the Campaign Website for Prop 2 for Healthy Air

Looking for the campaign website for Proposition 2 for healthy air and responsible woodstove use to be decided by Borough voters Tuesday, October 4?

On the web: Healthy Air Now for Prop 2 http://www.healthyairnow.org.

Also, find our group and event on Facebook: Healthy Air Now  for Prop 2.

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