Linn County wood boiler exemption won't save owners from fines

The law's the law.

Even with an amnesty approved on first reading Thursday by the Linn County Board of Supervisors, many owners of outdoor wood boilers would be in violation of state and federal air-quality rules, Linn County Public Health officials said Friday.

Under the law, the federal Environmental Protection Agency could fine violators of the Clean Air Act up to $10,000 per day of violation.

The Iowa Department of Natural Resources has similar authority.

“Right now, we're trying to manage this at the local level,” Curtis Dickson, director of Linn County Public Health, said of a compromise that health officials had recommended to the supervisors. “We're trying to work with the owners and the people who are adversely impacted.”

Under the compromise, owners of boilers that are not in compliance with the air-quality rules could have raised the stacks to between 15 and 25 feet above ground, depending on the distance to neighbors.

The supervisors disregarded that recommendation and instead voted 4-1 to exempt existing wood boilers from emissions standards. Supervisor Linda Langston cast the dissenting vote.

Jim Hodina, supervisor of the air-quality division at Linn County Public Health, noted that the law has been in effect for more than 30 years. He said some newer boilers don't violate that law, so not every owner would be in violation.

Dickson said he hopes the supervisors will reconsider at their next meeting Monday. Catharine Fitzsimmons, chief of the DNR's Air Quality Bureau, is expected to attend.

The final reading is set for Wednesday.

Hodina noted that the Iowa Department of Justice also has jumped on the issue. The Consumer Protection Division this week sent letters notifying boiler manufacturers of the state's standards and informing them that units should not be sold that violate Iowa law.