The Indiana Air Pollution Control Board voted unanimously on Mar. 2, 2011, for a rule governing the use of outdoor wood boilers (also known as outdoor hydronic heaters). Click here to read the rule as approved by the board.
Five residents testified about terrible, nightmarish problems they have had with neighbors’ OWB units. Problems included OWBs burning coal, vinyl siding, trash and other noxious items. Others testified about burning eyes, throats, hospital visits and medical bills related to neighbors who used OWBs.
IKE proposed three amendments to the rule, with the support of Hoosier Environmental Council, Indiana Public Health Association, Indiana PTA, American Lung Association of the Midwest, Sierra Club Hoosier Chapter, Izaak Walton League of America-Indiana Division, Save the Dunes, Valley Watch and Legal Environmental Aid Foundation of Indiana.
Our amendments would have:
1. Strengthened Stack Height Requirements: We argued that permanent stacks should be required to extend five feet higher than the peak of neighboring occupied buildings within 300 feet of the unit.
2. Banned Use of non-Phase 2 OHH units from May through September: We argued that allowing OHH operation during these months would contribute to poor air quality during the ozone season, which can have even more serious health effects on children, the elderly and those with respiratory diseases.
3. Added a Nuisance Provision: We asked for a nuisance provision specific to OHH units that will provide clear operating guidelines to the owners of these units and the ability to monitor compliance with cameras, similar to Maine’s requirements.
Results: The nuisance provision received a lot of discussion. IDEM staff (Phil Perry and Ann Long) expressed strong concerns about the enforceability and utility of a nuisance provision. Another concern was that the brand-new language in the amendment would have required another public comment period. That would have delayed the vote into at least the fall, losing another heating season.
In the end, the board voted against the nuisance provision 6-4. Those voting for a nuisance provision were Board Chair Dr. Miner, Tom Anderson, Dr. Phil Stevens and Jeff Quyle.
The board voted 7-3 to ban use of the non-Phase 2 OWBs in May and September. The IDEM rule language would have banned their use only in June, July and August. That means two more months of clean air for some OWB neighbors.
Voting for the May-September ban were those same four board members, plus Ron Hunter of ISDH, John Bacone of DNR and Greg Kissell (manufacturers’ rep).
Thanks to everyone who helped work on this rule and get information to the board. We will monitor implementation of the rule and petition the board again if public health problems persist next winter.
For more information, click here to read a memo IKE wrote to Board Members about the latest research on these units and why we asked for a stronger rule.
Watch a video on this issue by clicking here or on the image at right.
