April 26, 2017 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE PARKS, RECREATION, AND CULTURAL SERVICES DEPARTMENT ON RESCIND BYLAW NO. 45-1 - PROHIBITION OF OUTDOOR WOOD-FIRED BOILERS PURPOSE To rescind Prohibition of Outdoor Wood-fired Boilers Bylaw No. 45-1, 2008 due to recent changes to the Province s Solid Fuel Burning Domestic Appliance Regulation. COUNCIL STRATEGIC PLAN This report supports Council s goals and objectives regarding: Environment - implement strategies that reduce our impact on the environment by aligning the City s bylaws with the current regulatory environment. SUMMARY On January 16, 2008, Administration presented Council with a report on outdoor wood-fired boilers, which recommended that Council direct staff to prepare a bylaw prohibiting the use of outdoor wood-fired boilers within city limits. On December 2, 2008, Council adopted Prohibition of Outdoor Wood-fired Boilers Bylaw No. 45-1, 2008. The decision to develop a bylaw that prohibited the use of outdoor wood-fired boilers was largely driven by the fact that the regulatory environment of the day did not adequately address these particular appliances; therefore, these boilers were seen to have the potential to pose a serious air quality risk. On September 19, 2016, the provincial government adopted a new Solid Fuel Burning Domestic Appliance Regulation (SFBDAR), BC Reg. 218/2016, to replace the previous SFBDAR, BC Reg. 302/94, which had been in place since 1994. Unlike its predecessor, the new SFBDAR explicitly regulates outdoor wood-fired boilers. Starting on March 1, 2017, only boilers that are certified to meet emissions standards set by the US Environmental Protection Agency (EPA) or the Canadian Standards Association (CSA) can be legally sold in BC. Starting on May 1, 2017, only certified outdoor wood-fired boilers are allowed to be installed anywhere in BC, and they must be installed at least 40 m from property lines. These recent changes to the SFBDAR thus render Prohibition of Outdoor Wood-fired Boilers Bylaw No. 45-1, 2008 redundant. RECOMMENDATION: That Council authorize Administration to prepare documentation to rescind Prohibition of Outdoor Wood-fired Boilers Bylaw No. 45-1, 2008.
OUTDOOR WOOD-FIRED BOILERS Page 2 COUNCIL POLICY The City s Airshed Management Plan includes a recommended action (3.2) to Continue to enforce the Prohibition of Outdoor Wood-fired Boilers Bylaw. However, if Bylaw No. 45-1 is rescinded, its original intent and purpose will be addressed by the province s new SFBDAR, which enables a range of penalties for non-compliance, including violation tickets and administrative penalties. DISCUSSION On January 16, 2008, Administration presented Council with a report on outdoor wood-fired boilers, which recommended that Council direct staff to prepare a bylaw prohibiting the use of outdoor wood-fired boilers within city limits. Outdoor wood-fired boilers are also known as outdoor wood-fired furnaces, outdoor solid-fuel combustion appliances, or outdoor wood-fired hydronic heaters. They are outdoor wood-fired furnaces that provide heat and sometimes hot water to another building located some distance away. They are known to emit significantly more particulate matter than other residential wood-burning devices, and short-term particulate matter spikes can be extremely high. At that time, a number of issues had been brought to Council pertaining to air quality, specifically concerns regarding idling vehicles, regulating wood-burning appliances, and restricting outdoor wood-fired boilers. The City was also embarking on the development of the Integrated Community Sustainability Plan (now known as the Sustainable Kamloops Plan), and it was understood that its planning process would address the issues of air quality in a comprehensive manner. However, it was decided that outdoor wood-fired boilers would be dealt with separately, and a proactive approach would be taken by developing a bylaw that prohibited the use of outdoor wood-fired boilers because the regulatory environment did not adequately address these particular appliances and they were seen to have the potential to pose a serious air quality risk. On September 19, 2016, the provincial government adopted a new SFBDAR, BC Reg. 218/2016, to replace the previous SFBDAR, BC Reg. 302/94, which had been in place since 1994. The table below is an excerpt from the Ministry of Environment's Fact Sheet on the SFBDAR, which was released in October 2016. It provides a simplified comparison of the new SFBDAR (after November 1, 2016) and the previous regulation. As evidenced in the table below, the previous SFBDAR did not explicitly regulate wood-fired boilers, prompting the need to develop and adopt Bylaw No. 45-1 in 2008. The following table also demonstrates that the new SFBDAR explicitly regulates wood-fired boilers, which now renders Bylaw No. 45-1 redundant and prompted this report and recommendation.
OUTDOOR WOOD-FIRED BOILERS Page 3 Comparison of new SFBDAR (after November 1, 2016) and the previous regulation Issue Emissions standards for wood and pellet stoves sold in BC Emissions standards for wood-burning boilers and furnaces sold in BC Exemptions from regulation Acceptable fuels for solid fuel burning appliances Requirements for outdoor wood boilers Previous SFBDAR Regulation Particulate matter (PM) emissions must meet EPA standards from 1992. New SFBDAR Regulation Particulate matter (PM) emissions must meet new EPA standards from 2015 or equivalent CSA standards from 2010, which represent a 40% reduction from 1992 levels. In 2020, the levels will further reduce to 73% below the 1992 standards. None Must meet stringent new PM emissions standards from the US EPA or equivalent standards from the CSA to be legally sold in BC. This prevents the sale of high-emitting outdoor wood boilers in BC. It also creates a level playing field where nearly all wood-burning appliances sold in BC will be required to be certified. Broad exemption for anything outside a relatively narrow appliance definition Appliance is defined broadly, and only certain types of appliance are exempt. Remaining exempted appliances are niche appliances that contribute little towards overall wood smoke emissions because of their relatively small numbers. None Defined as wood and wood products, pellets, seed hulls, and fire logs. Prevents the burning of unsuitable fuels that generate pollution such as plastics, treated wood, and garbage. None Only certified outdoor wood boilers can be sold in BC. Retailers must inform customers of the installation requirements. New wood boilers must be installed with 40 m setbacks from property lines. Cleaner-burning outdoor pellet boilers only require a 10 m setback. Older, non-certified boilers cannot be used after November 1, 2026, unless they have adequate setbacks from property lines.
OUTDOOR WOOD-FIRED BOILERS Page 4 Issue Requirements for domestic pellets Record keeping requirements Previous SFBDAR Regulation New SFBDAR Regulation The outdoor boiler provisions will reduce pollution issues from this source by ensuring that future installations only happen on larger lots. Same Wood pellets sold for domestic use in BC must meet quality standards defined in the regulation. Records must be kept for two years Manufacturers and retailers of solid fuel-burning appliances doing business in BC must retain records demonstrating that the appliances they sell meet the required standards. These records must be retained for five years. ALTERNATIVES/OPTIONS Maintaining the status quo is an option; however, due to its broad definition of an outdoor wood-fired boiler, Bylaw No. 45-1 may not enable the use of renewable biomass technologies. SUSTAINABILITY IMPLICATIONS Under the province s Environmental Management Act, the SFBDAR enables and regulates the use and emissions of biomass boilers. Biomass technologies are generally considered to be carbon neutral as they use renewable fuels, such as wood or uncontaminated wood waste, to produce heat for industrial purposes, to produce heat for space and water heating, or to produce steam for electricity generation. ENVIRONMENTAL IMPLICATIONS The purpose of the province s SFBDAR is to ensure that new wood-burning appliances sold in BC are as clean burning as possible. The regulation requires nearly all wood-burning appliances sold in BC to be certified to meet either the particulate matter emissions standards set by the US EPA in 2015 or the equivalent standards set by the CSA in 2010. The regulation also specifies which fuels may be burned in solid fuel-burning appliances, and it has provisions around the sale and installation of outdoor wood boilers.
OUTDOOR WOOD-FIRED BOILERS Page 5 B. J. McCorkell Parks, Recreation, and Cultural Services Director Approved for Council Consideration: Concurrence: J. Fretz, P.Eng., Public Works and Utilities Director M. Kwiatkowski, P.Eng., Development and Engineering Services Director Author: G. Cheetham, BA, EMiT, Sustainability Services Supervisor Reviewed by: J. Putnam, B.Comm, Parks and Civic Facilities Manager C. M. Kennedy, CMC, Corporate Officer GC/lm