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Home My WebLink Aboutresolution.council.069-92 '.','. . ~., ~.~.,.'_.. ~1 ".1. (I RESOLUTION NO. 69 (Series of 1992) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE STATE OF COLORADO AIR QUALITY CONTROL COMMISSION PROPOSED CONTROL STRATEGY REGULATIONS FOR INCLUSION IN THE STATE PMIO IMPLEMENTATION PLAN. WHEREAS, the City of Aspen is a destination resort community which attracts tourists throughout the year in part because of its unique high mountain panoramic scenery, clean air, and healthful environment; and WHEREAS, the City of Aspen was formally designated by the United States Environmental Protection Agency as a "moderate nonattainment area" pursuant to the Clean Air Act Amendments of 1990 as its air quality is projected to exceed National Ambient Air Quality Standards for particulate matter with an aerodynamic diameter of 10 microns or less (PMIO);and WHEREAS, the City Council of the City of Aspen has determined that air quality is an important component of the health, safety and welfare of the citizens and community of the City of Aspen and that the air quality in and around the City of Aspen is threatened by various pollutants, including PMIO particulates; and WHEREAS. the City Council of the City of Aspen has determined that PMIO particulates threaten the public health in that said particulates are so small that they lodge in persons' lungs and inhibit the body's pulmonary function. Such pollutants are particularly damaging to persons with lung disease, cardiovascular disease, and chronic upper respiratory conditions, to the very young and elderly, and to pregnant women; and WHEREAS, the City Council of the City of Aspen has determined that it has a duty to protect and improve the air quality in and around the City of Aspen for the health, safety and .' ',', ".. ... <, . ~~.. 'II' -,..., %~. general welfare of the city and for the aesthetic and economic well being of the city as a resort community; and WHEREAS, there is a substantial governmental interest in promoting the aesthetic and environmental quality of life in both residential and commercial areas of the City of Aspen by ensuring that the air quality of the City of Aspen meets or exceeds National Ambient Air Quality Standards; and WHEREAS, the staff of the State of Colorado Air Quality Control Commission, pursuant to the Federal Clean Air Act Amendments of 1990 and the Colorado Air Pollution Control Act, has proposed the adoption of control strategy regulations that would not effectively reduce air pollution in the City of Aspen caused by particulate matter; and WHEREAS, staff of the Aspen/Pitkin County Environmental Health Department have submitted to the City Council a different set of proposed control strategy regulations, a true and accurate copy of which are attached hereto as Exhibit "A"; and WHEREAS, the City Council has determined that implementation of the control strategies proposed by the Aspen/Pitkin County Environmental Health Department have a high probability of improving the air quality in and around the City of Aspen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: The City Council of the City of Aspen hereby approves the control strategy regulations, a copy of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to submit same to the State of Colorado Air Quality Control Commission for inclusion in the state PMlO implementation plan. 2 II.,.. ~ "'''', It, ~.. '\, ~.... \~i,",.. .. Dated:~"') , 1993. --P: ~ ~ {6IL John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen. Colorado, at a meeting heldQA' ~ J I , 1993, ~ JcH~~ Kathryn S. och, City Clerk 3 ';It' &'. \,,'. '\., CONTROL STRATEGY REGULATIONS FOR PMIO NONATTAINMENT AREAS III. Aspen/Pitkin County PMIO Nonattainment Area A. Applicability. The control measures adopted by these regulations are intended to be implemented and enforced locally. The City of Aspen and Pitkin County shall take all actions necessary, to implement by December 10, 1993, all provisions of the regulations set forth herein. The provisions of these regulations shall apply throughout the Aspen/Pitkin County PMlO nonattainment area. The control measures adopted by these regulations recognize that the largest source, by far, of the material causing the air quality in the City of Aspen to exceed National Ambient Air Quality Standards for particulate matter is from reentrained dust from traffic on paved roads. This phenomenon is caused primarily by vehicle mile trips that originate from outside the Aspen/Pitkin County nonattainment area, Nothing contained in these regulations shall be intended or construed to limit or impair the home rule or legislative authority of the City as provided under the Constitution and laws of the State of Colorado or the Home Rule Charter of the City of Aspen. Nothing contained in these '_.'.'. ulations shall be intended or construed to limit or impair the home rule or legislative authority of ~. County of Pitkin as provided under the Constitution and laws of the State of Colorado or the Home "j'{ule Charter of Pitkin County. B. Definitions. 1. "Aspen/Pitkin County PMlO nonattainment area" means that area defined by the Colorado State Implementation Plan for PMlO, Aspen Element, adopted November 21, 1991. 2. "Department" means the Aspen/Pitkin Environmental Health Department. 3. "Division" means the Colorado Department of Health, Air Pollution Control Division. 4. "Durability Index" means the percent loss of weight as determined using American Society for Testing Materials (ASTM) "Standard Test Method for Resistance to Degradation of Small-size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine", Designation C131-89. 5. "Deployment" means that all roadways targeted for treatment during a snow/ice event are sanded. !~...," I~\... 6. "Governmental Entity" shall include, but not necessarily be limited to, the State of Colorado, Pitkin County, City of Aspen, Roaring Fork Transit Agency, the 1 "It",' 1%' ~ '\" "'It ~.:;,.. \\"" "..It,'.,..,. Is \{'. Colorado Department of Transportation, and the U.S. Postal Administration. 7, "High Pollution Day" means any day predicted by the Division to be a high pollution day by 4 pm of the previous day. The prediction shall be based upon real time PMlO monitoring. meteorological conditions in the Aspen/Pitkin County PMlO nonattainment area, or a combination of both. The action point which will trigger a high pollution day forecast shall be 120 ug/m3. 8. "Independent Laboratory" means a facility capable of performing the tests specified in these regulations in a competent, professional, and unbiased manner with no financial, family, or personal connection to the supplier or user of street sanding materials. 9. "Percent Fines" means the percent material passing a #200 sieve as determined by the American Society for Testing Materials (ASTM) "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", designation C136-84a (1988) (American Association of State Highway and Transportation Officials designation T27-88). 10. "Recycled Street Sanding Materials" means previously used street sanding material which has been collected from roadways or paved areas and is then re- used as is, after washing, or after blending with new street sanding material. 11. "Street Sanding Materials" means natural geologic materials, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or paved areas. 12. "User" means any Governmental Entity, and any employee, official, representative. or agent of such governmental entity responsible for the application of street sanding materials and any person who contracts with such governmental entity for the purpose of applying street sanding material in the defined Aspen/Pitkin County PMlO Nonattainment Area. C. Primary Control Strategy Regulations 1. Specifications for Street Sanding Materials. a. Applicability. The provisions of this subsection shall apply to any user that applies any street sanding material, salt, or other de-icing material within the Aspen/Pitkin County PMlO nonattainment area on or after December 1, 1993. b. Standards for Ouality for Street Sanding Materials. All street sanding material, whether new or recycled, shall equal or 2 6~,_.'. ~l <'~- exceed a standard of less than 1 % fines and less than 30 % durability index, and only such sanding material shall be used for street sanding operations and purposes: c. Alternate Sanding Materials. Experimentation with new street sanding materials may be approved by the Division provided the Division finds that the impact of such experiments or tests does not contribute appreciably to air quality degradation. d. Testing Requirements. Prior to, or upon, delivery of street sanding materials. and prior to the use of any recycled street sanding material, users that use street sanding materials shall have a test performed upon representative samples of the material by an independent laboratory to determine compliance with the standards of quality set forth above at subsection C.1.b. Alternate percent fines and durability index test procedures for percent fines and durability may be approved by the Division and the United States Environmental Protection Agency should they be determined to provide a measure that is equivalent to the test procedures set forth in this regulation. @ta ~- e. Reporting Requirements. 1. On the fifth day of each month following a month when street sanding materials are used, each user of street sanding materials shall prepare and submit a report to the Division and Department which provides the information described below. Each user that uses street sanding materials shall maintain on file all reports received or prepared in accordance with these regulations for a period of three (3) years. All records generated under provisions of this regulation shall be made available for inspection llpon request by the Department or Division. (a) the total amount of sanding material (both new and recycled) used; (b) the total amount of salt or other de-icing chemicals used; (c) the number of lane miles typically sanded during each deployment; (d) the total number of deployment episodes; 'e,'...,'..., ~ ~<, (e) a list of all streets where sanding was typically deployed; 3 1,;','._.'".... u' '\ (t) a copy of all independent tests performed in accordance with subsection C.1.d. above; and (g) the name and address of all suppliers of street sanding material along with a full description of the location ofthe supplier's aggregate pit from which all material was supplied. f. Division Audit Authority. The Division may enter the storage site of any user of street sanding material covered by these regulations at all times reasonable for the purpose of obtaining a sample of materials to determine if the material meets the applicable standards, inspecting records pursuant to paragraph c.1.e.i. above, or as otherwise allowed by statute. 2. Street Sweeping Requirements. a. Applicability. &....,1,,_1."'...,. ,'. \:;, The provisions of this subsection shall apply to any user that has applied any street sanding material, salt, or other de-icing material within the Aspen/Pitkin County PMJO non attainment area on or after December I, 1993. The provisions of this subsection shall be applicable between December 1 and March 31 of each year. b. Sweeoing Requirements. Users that use street sanding materials upon State Highway 82 from the Cooper Avenue bridge to the entrance of the Aspen/Pitkin County Airport (Sardy Field) shall sweep traffic lanes of the highway as soon as practical following each sanding event as weather and street conditions permit, but no less than at least twice per month. c. Sweeping Equipment Required. Vacuum sweepers, or any other method approved by the Division and the United States Environmental Protection Agency, with an efficiency of 34% or greater, must be utilized by users of street sanding materials to sweep the streets and roadways set forth above at subsection b. d. Recordkeeping and Reporting Requirements. .~.....'..,'.,..,., (,i \' Operators of street sweeping equipment working for users of street sanding materials shall maintain records to document the information described below and governmental entities shall maintain on file all reports received or prepared in accordance with these regulations for a period of 4 '.'...,..' ~. "It i'.,.., ~<. t-,. 'i. three (3) years. On the fifth day of each month beginning January 5 and ending AprilS the operator of street sweeping equipment shall submit a report to the Division and Department which shall contain the information described below. All records generated under provisions of this regulation shall be made available for inspection upon request by the Division. I. Date of sweeping operation; ii. Miles and names of streets or roadways swept; iii. Type of equipment used; IV. Average speed of sweeping operation; v. Equipment malfunctions and downtime, if any; VI. Conditions of driving lanes (dry, wet, snow packed, patchy ice, etc.); and vii. General weather conditions at time of sweeping operations. 3. Wood Burning Curtailment. a. Applicability. The provisions of this subsection shall apply to the use of wood burning stoves and fireplaces within the Aspen/Pitkin County PMlO nonattainment area. The applicability of this regulation shall be between December 1 and March 31 of each year. b. Requirement for Public Education. i. The City of Aspen and Pitkin County shall conduct public awareness programs to inform citizens about the pollution impacts of wood burning, wood burning alternatives, and ways in which wood can be burned to minimize pollution. The program shall utilize media advertisements, brochures, mailings, and publicity at local events. c. Requirement for High Pollution Days. Upon notification by the Division that a high pollution day is expected to occur, the Department shall notify local radio and television stations, newspapers, and any other groups deemed necessary. Residents and visitors shall be asked not to use their wood burning stoves and fireplaces on high pollution days. A "burn-down time" shall be allowed for the burn- down of existing fires. "Burn-down time" shall mean that period of time 5 ,&.'..It.'.. "" \\\'\ not to exceed three hours following notification by the Department of a high pollution day. Persons operating Colorado Phase III (Phase II) wood stoves shall be exempt from this requirement. d. Tracking. The Department shall conduct four (4) windshield and other surveys throughout each wood burning season in order to determine the actual effectiveness of the wood burning curtailment program. 4. Mass Transit Service Expansion. a. Pitkin County shall implement a plan to assist the Roaring Fork Transit Agency to increase the provision of bus passenger service between the City of Aspen and downvalley communities by the addition of at least fourteen (14) buses to the Roaring Fork Transit Agency's fleet. These busses shall be put into service by December 10, 1993. Information on the acquisition by lease, rental or purchase of these buses must be submitted to the Division upon their acquisition. A report on the effectiveness of this measure in reducing vehicle miles traveled must be provided to the Division on a semi-annual basis beginning April 1, 1994. ,a....".. ~- b. The City of Aspen shall operate a crosstown shuttle service connecting the commercial core area with the Post Office and the Rio Grande Parking Facility utilizing at least two vehicles simultaneously and operating at least from 9 am to 5 pm. seven days per week. A report on the effectiveness of this measure in reducing vehicle miles traveled must be provided to the Division on a semi-annual basis, beginning on April 1, 1994. 5. Commercial Core Paid Parking and Resident Only Permit Parking in Outlying Areas. Within an area of the commercial core of the City of Aspen (bounded by and including Main Street, Durant Avenue, Hunter Street, and Monarch Street), all passenger vehicles shall be permitted to park only upon the payment of a one dollar ($1.00) per hour parking fee. Within an area outside of the commercial core, but inside an area bounded by and including Cleveland Street, Ute Avenue, Durant Avenue, First Street, and Hallam Street, passenger vehicles will be permitted to park only if they display a "resident-only" parking permit. A report on the effectiveness of this measure in reducing vehicle miles traveled must be provided to the Division on a semi-annual basis, beginning on April 1, 1994. I,'.." ,.< 6 6. Voluntary No-Drive Program on High Pollution Days. It, ~, %' ,<, a. Requirement for Public Education. The City of Aspen and Pitkin County shall conduct public awareness programs to inform citizens about the pollution impacts of driving passenger vehicles, driving alternatives, and ways in which commuters can minimize pollution. The program shall utilize media advertisements, brochures, mailings, and publicity at local events. b. Requirement for High Pollution Days. Upon notification by the Division that a high pollution day is expected to occur, the Department shall notify local radio and television stations, newspapers, and any other groups deemed necessary. In addition, the Colorado Department of Transportation shall post notification to drivers on highway 82 of the high pollution alert. Residents and visitors shall be asked to car pool, ride the bus, work at home, and to refrain from unnecessary road trips. c. Tracking and Re1;>orting. fit,," 0., "'. A report on the effectiveness of this measure in reducing vehicle miles traveled must be provided to the Division on a semi-annual basis, beginning on April 1, 1994. 7. Implementation of Local Control Strategies. a. City of Aspen. The City of Aspen shall implement and enforce Ordinance No. 74. Series of 1992. In addition, the City of Aspen shall implement and enforce any ordinance adopted in accordance with these regulations. These ordinances may be amended in the sole discretion of the City Council of the City of Aspen, provided that they shall be submitted immediately to the Commission and United States Environmental Protection Agency as revisions to the State Implementation Plan. Any amendments to these ordinances shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. b. Pitkin County. "-""" << "'. \\ "i" Pitkin County shall implement and enforce Ordinance No. 18, Series of 1992 as this ordinance limits future growth in emissions from wood burning fireplaces, stoves and restaurant grills. In addition, Pitkin County shall adopt and enforce any ordinances adopted in accordance with these regulations. These ordinances may be amended in the sole discretion of 7 ~.,',-'. ~. --,< Ei'A2.reg I""..,." ~- lIlt..'....... k. \'. '~\ the Board of County Commissioners, provided that they shall be submitted immediately to the Commission and United States Environmental Protection Agency as revisions to the State Implementation Plan. Any amendments to these ordinances shall not constitute a revision to the State Implementation Plan until such time as the State Implementation Plan is appropriately revised. c. Reporting Requirements. No later than February 1 and August 1 of each year, the Department shall submit to the Division a report containing information for the period covering October 1 through March 31 and April 1 through September 31, respectively, that describes the tracking and enforcement of the local control strategies listed in subsections a. and b. above. The report shall include information on compliance and enforcement activities in order to verify that the ordinances and resolutions have been properly implemented. 8 ..m~/ -"'C'"'V" D E 4 Aspen/Pitkin County Plan ipounds/day reduction in PM-10 5 I 6 7 Sweep Main in town twice/month 12 8 Sweep 82 1.3 miles NW of town twice/mo I 9 9 voluntary no burn proaram on hiah pollution davs 66 10 voluntary. no drive program - high pollution days I 58 1 1 use clean. hard sand 0 12 cross-town shuttle every 10 minutes I 4 13 paid parkina and resident-permit parking I 113 14 15 total 262 16 17 18 most accurate estimate of total 206 19 most accurate estimate ~ '8 (~ \ onL'\ . ~ .,'" ".~~ credits worksheet