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HomeMy WebLinkAbout1999-11-15 City Council (6)TO: City of Palo Alto City Manager’s Report 7 HONORABLE CITY COUNCIL .. FROM:CITY MANAGER DEPARTMENT: POLICE DATE:NOVEMBER 15, 1999 CMR:412:99 SUBJECT:RECOMMENDATIONS REGARDING THE USE OF LEAF BLOWERS IN PALO ALTO RECOMMENDATION Staff recommends that Council direct staff to revise Chapter 9.10 of the Palo Alto Municipal Code regulating leaf blowers in the following manner: 1) 2) 3) 4) 5) 6) 7) 8) 9) .10) 11) 12) Allow only commercial gardeners!landscapers who are trained and certified by a City-approved process to operate fuel-powered leaf blowers within the City limits; Allow only leaf blowers (fuel and electric) with manufacturers’ affixed labels and corresponding model numbers indicating an American National Standards Institute (ANSI) noise level rating of 65 dBA or less at 50 feet to be used within the City limits; Encourage the use of leaf blowers (fuel and electric) rate at 62 dBA or less by the year 2003; Allow the use of fuel-powered leaf blowers between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday; Allow commercial use of fu.el-powered leaf blowers in industrial areas on Saturdays between 10:00 a.m. and 4:00 p.m.; Allow residents (and commercial gardeners) to use electric leaf blowers between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday, and between 10:00 a.m. and 4:00 p.m. on Saturdays; Prohibit the use of all fuel-powered leaf blowers on Sundays and holidays Conduct enforcement on a proactive basis, utilizing citations and an increasing scale as well as notification of violations to commercial gardeners’ clients at the location of the violation; Allow City crews to operate leaf blowers between 4:00 a.m. and 8:00 a.m. in the Downtown area, California Avenue area, Midtown area, the Municipal Golf Course, and in City parking facilities, with special consideration given to those areas immediately adjacent to hotels and residential properties; Exempt City crews from the regulations for clean up after special events and in emergencies; Prohibit City crews and discourage commercial gardeners from using fuel-powered leaf blowers on Spare the Air Days; Require the use of factory installed mufflers and full extension tubes while leaf blowers are in operation; CMR:412:99 Page 1 of 4 14) Prohibit the blowing of debris onto adjacent properties... Include all contractors directly hired by the City under the definition of City crews; BACKGROUND At the Policy and Services Committee meeting of September 14, 1999, staff recommended that the Council direct staff to revise Palo Alto Municipal Code Chapter 9.10 governing leaf bl’ower use. Staff presented a list of regulations that would be included in the revised ordinance. Staff had inadvertently excluded several regulations from that list. Additionally, Committee members requested the following: that consideration be given by City crews of their use of leaf blowers between 4:00 a.m. and 8:00 a.m. not only adjacent to hotels, but also to residential properties; that staff further study leaf blower use in commercial areas adjacent to non-residential, private properties; and to include in the definition of City crews any contractors directly employed by the City. DISCUSSION This report provides a list of regulations that have been revised according to the Committee direction and updated information regarding the California Resources Board report on leaf blowers. Regulation #2 was revised to incorporate the suggestion by Council member Rosenbaum that accepted leaf blower model numbers be used in conjunction with manufacturers’ labels for enforcement purposes to help ensure that labels were not attached to noncompliant blowers. Staff concurs with the Council direction to include in the definition of City crews all contractors employed directly by the City, and regulation #12 has been added to the list. This would clarify that under the City’s contractors would also be prohibited from using fuel-powered leaf blowers on Spare the Air Days. Under the ctirrent.ordinance, City crews have been allowed to use leaf blowers between 10:00 p.m. and 7:00 a.m. Due to the number of noise complaints received, the schedule was changed two to three years ago to 4:00 a.m. to 12:00 p.m. In February, staffproposed codifying the change in the revised ordinance that would allow City crews to operate blowers between 4:00 a.m. and 8:00 a.m., hours that would represent an exception to the permitted hours by non-City crews. At that time, the Committee asked staffto review the hours of use around hotels. Staffmet with representatives of two downtown hotels and agreed that Community Services and Public Works crews would coordinate their clean up efforts around the hotels so that blowers normally would not be used until 7:00 or 7:30 a.m. Staff therefore recommended to the Policy and Services Committee in September, that City crews be allowed to use leaf blowers between 4:00 a.m. and 8:00 a.m. with consideration being given to areas directly adjacent to hotels. At that time, the Committee directed staff to include the same considerations immediately adjacent to residential properties. While staffbelieves this consideration could usually be given to the cleaning of City streets and facilities that are adjacent to residential areas, it would be important to CMR:412:99 Page 2 of 4 maintain some flexibility to deal with the change of routine schedules associated with employee illnesses, vacations, etc. Staff therefore does not recommend a complete prohibition against theuse of leaf blowers in these areas during the early morning hours. Policy and Services Committee members also directed staff to study leaf blower use in commercial areas that were not adjacent to residential and private properties. The Committee’s direction was associated with regulation #6 that would allow commercial use of fuel-powered leaf blowers in industrial areas on Saturdays between 10:00 a.m. and 4:00 a.m. Staffhas begun reviev~ing this concept and believes that it xvould be possible to draft an ordinance that would be easily understood by gardeners and Police staff. As an example, language could be drafted such that blowers would be allowed within a certain distance from R-1 zones. However, there are some problematic issues surrounding mixed-use areas of the City, which staffis still reviewing. Staffwill include more detailed information and specific language at the time the draft ordinance is presented to the Council. California Air Resources Report Update Staff received a copy of the California Air Resources Board (CARB) draft report entitled "Potential Health and Environmental Impacts of Leaf Blowers." This report (see attached) was requested by the California Legislature. A second public hearing was held in E1 Monte, California on September 28, 1999 for the purpose, of discussing the draft report with the public. Because the report is still a draft, the CARB has asked that it not be cited or quoted. The fin!l draft will be presented to the CARB around November 11 and will be voted on at its meeting of December 9. After that meeting, the report will be presented to the legislature. Pending Legislation Update There are three bills pertaining to leaf blower reg-ulations that were proposed during the first year of the Legislature’s term that were held in Committee. Staff has learned that at least one of the bills will be pursued when the Legislature goes back into session. RESOURCE IMPACT Estimated costs for implementation ofproactive enforcement are $43,000. If Council approves staff’s recommendations, a Budget Amendment Ordinance would be prepared and presented to the Council at the time a draft ordinance was agendized for Council consideration. POLICY IMPLICATIONS Staff’s recommendations are consistent with the Comprehensive Plan policy to evaluate changes to the noise ordinance to reduce the impact of leaf blower noise (N61) and with Policy and Services direction. CMR:412:99 Page 3 of 4 TIME LINE Pending Council approval of the recommendations, staff will work with the City Attorney’s office in the preparation of a draft ordinance. Staff anticipates this process will take about six months to complete. ENVIRONMENTAL RE’~qEW An environmental determination would be made at the time a proposed revision of the current ordinance is presented to Council. ATTACHMENTS CMR:352:99 P & S Meeting Minutes, September 14, 1999 California Air Resources Board Report and Executive Summary. PREPARED BY:Lynne Johnson, Assistant Police Chief REVIEWED BY: APPROVED BY: hief of Police / CMR:412:99 Page 4 of 4 City of Palo Alto City Manager’s. Report TO: ATTENTION: FROM: DATE: SUBJECT: HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE CITY MANAGER DEPARTMENT: POLICE SEPTEMBER 14, 1999 CMR: 352:99 REVISED RECOMMENDATIONS REGARDING THE USE OF LEAF BLOWERS IN PALO ALTO REPORT IN BRIEF In February 1999, staffprovided recommendations for regulating leaf blowers to the Policy and Services Committee. At that time, Committee members requested some additional information and asked that staff address certain issues. Specifically, the Committee asked that: an alternative to the City issuing permits be pursued; the recommended hours for gardeners use of blowers be reviewed; additional consideration be given to areas around hotels; staff work with the Bay Area Gardeners Association (BAGA) in certification and training efforts; the use of blowers around residences begin at 6:00 a.m. instead of 4:00 a.m.; consideration be given to requiring mufflers; and the recommended hours for homeowners be reassessed. Additionally, the Committee asked that staffprovide information as to how the acceptable noise levels of blowers would be determined, how information about complaints would be reported to the Council, and why complaints about leaf blowers had increased over the last few years. This report attempts to answer those questions and provides revised recommendations that address the issues raised by the Committee. RECOMMENDATIONS Staff recommends that the Council direct staff to revise Chapter 9.10 of the Palo Alto Municipal Code regulating leaf blowers in the following manner: 1)Allow only commercial gardeners/landscapers who are trained and certified by a City- approved process to operate fuel-powered leaf blowers within the City limits; 2)Allow only leaf blowers (fuel and electric) with manufacturers’ affixed labels indicating an American National Standards Institute (ANSI) noise level rating of 65 dBA or less at 50 feet to be used within the City limits 3)Encourage the use of leafblowers (fuel and electric) rate at 62 dBA or less by the year 2003; 4)Allow the use of fuel- powered leaf blowers between the hours of 8:00 a.m. and 5:00 CMR:352:99 Page 1 of 9 5) 6) 7) 8) 9) 10) 11) p.m. Monday through Friday; Allow commercial use of fuel-powered leaf blowers in industrial areas on Saturdays between 10:00 a.m. and 4:00 p.m.; Allow residents (and commercial gardeners) to use electric leaf blowers between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 10:00 a.m. and4:00 p.m. on Saturdays and holidays; Prohibit the use of all leaf blowers on Sundays; Conduct enforcement on a proactive basis, utilizing citations and an increasing scale as xvell as notification of violations to commercial gardeners’ clients at the location of the violation; Allow City. crews to operate leaf blowers between 4:00 a.m. and 8:00 a.m. in the Downtown area, California Avenue area, Midtown area, the Municipal Golf Course, and in City parking facilities, with special consideration given to those areas immediately adjacent to hotels; Exempt City crews from the regulations for clean up after special events and in emergencies. , Prohibit City crews and discourage commercial gardeners from using fuel-powered leaf blowers on Spare the Air Days. BACKGROUND Staff provided a list of recommendations regarding the regulation of leaf blowers to the Policy and Services Committee on February 23, 1999. At that time, Committee members asked that staff develop an alternative to the City issuing permits; review the hours of use around hotels; review the hours City crews use blowers around residences; work with Bay Area Gardeners Association (BAGA) in certification and training efforts; and reconsider the hours for use by homeowners. Additionally, staff was asked to provide information about how acceptable noise levels of blowers would be determined; how complaints would be reported to the Council; and why complaints about leaf blowers had increased over the last few years.. Since February, staff has been meeting with representatives of BAGA and the California Landscape Contractor’s Association (CLCA), conducted a leaf blower demonstration for the Council, completed additional research, met with representatives of downtown hotels, and monitored legislative activities associated with leaf blower regulation. DISCUSSION Legislative Update Four pieces of legislation associated with leaf blowers were introduced in Sacramento this year. One resolution was adopted and three proposed bills are in committee. Senate Concurrent Resolution Number 19 - This resolution was adopted in May 1999. The resolution directs the California State Air Resources Board (CARB) to prepare and submit CMR:352:99 Page 2 of 9 a report to the Legislature by January 1, 2000 that summarizes the potential health and environmental impacts of leaf blowers and provides recommendations for alternatives to their use. Specifically, CARB staffwill study exhaust emissions, noise, and blown dust associated with leaf blowers. Additionally, the measure requests that local governing bodies refrain from enacting any new ordinance that prohibits the use of leaf blowers until the CARB is able to submit their report. Staff has been contacted by the CARB representative who is coordinating th~ report. Information from CMR: 139:99, the previous staff report on leaf blowers will be included in its report. A public meeting was held in July in E1 Monte, California for the_purpose of discussing the factual aspects of leaf blowers, soliciting additional information, and sharing the methodology for conducting the study. Representatives of the CARB anticipate that their report will be submitted around December 9 and that a public document will be available for review by November 9. Staffwill continue to monitor the CARB’s progress as it prepares its report, and will provide Council with updated information as it becomes available. Assembly Bill 1544 - This bill would require local entities that propose to regulate commercial use of leaf blowers to contract with an independent entity to perform an economic assessment of the impact of the proposed ordinance. The bill would prohibit ordinances that are adopted before January 1, 2000 that completely ban the use of leaf blowers from being enforced unless approved by the voters of the jurisdiction. In June, the bill was referred to the Environmental Quality and Legislative Government Committees. Assembly Bill 1609 - Under this proposed bill, the Salvador Hernandez Lira Gardener Act of 1999 would be enacted that would authorize local jurisdictions to establish a noise limitation on leaf blowers of 65 dBA at 50 feet. The bill also provides that noise, levels of less that 65 dBA be established by local agencies based upon testing by an independent testing laboratory that more than one manufacturer sell leaf blowers in the state that meet the proposed lower noise level standard. The bill would also prohibit cities and counties from prohibiting the use of leaf blowers except between the hours of 6:00 p.m. and 8:00 a.m. on weekdays and 5 p.m. and 9 a.m. on weekends. This bill has been referred to the Assembly Committee on Environmental Quality. Senate Bill 1267 - Senator Polanco introduced legislation that would prohibit leaf blowers powered by engines that do not meet the CARB’s emissions standards or that are not in compliance or labeled with noise level specifications established by ANSI from being sold in California after January 1, 2001. The bill would prohibit cities and counties from prohibiting or restricting commercial use of leaf blowers between January 1, 2000 and December 31, 2001; would allow local agencies by ordinance to restrict the use of leaf blowers that do not meet the ANSI standards after January 1, 2002; and allow a prohibition on the commercial use of leaf blowers after January 1, 2002 by initiative. This bill failed passage in the Environmental Quality Committee, but was granted reconsideration. CMR:352:99 Page 3 of 9 Certification of Commercial Leaf Blower Users Staff originally recommended that the City issue permits to leaf blower operators. Based upon comments from the Policy and Services Committee members, staff has revised that recommendation. Over the last four months, staff has been meeting with representatives of BAGA and CLCA for the purpose of developing a certification and educational program for commercial users of leaf blowers in Palo Alto. Both organizations currently provide training for their members on the proper use and etiquette on leaf blowers operation. These organizations have agreed to formalize the training for the purpose of certifying gardeners to use leaf blowers in Palo Alto. The training would be coordinated by the City, in conjunction with BAGA and CLCA and would be mandatory. The elements o{the training would include the following: .~ Proper use of the blower and it’s efficiency when used in a responsible manner Safety practices including the use of eye and ear protection Use of the blower at the lower throttle positions and with extension tubes in place Proper maintenance of the blower to ensure that appropriate gas-to-oil fuel ratios are present to help reduce emissions ¯ Blower etiquette, including the prohibition of blowing debris onto adjacent properties, streets, or public right-of-ways; and consideration for pedestrians and vehicles that are in close proximity A complete understanding of the ordinance and consequences of violations Gardeners would be required to take a short written or oral test to determine their understanding of the training. After completion of the training, the gardeners would be issued a certificate of compliance that they would carry with them. In enforcement situations, police staff would easily be able to determine whether a commercial gardener was permitted to operate a blower in the City. In order to ensure consistent training, BAGA and CLCA representatives have received a commitment from the Coalition for Fair Legislation to provide funding in the amount of $25,000 to $30,000 to pay for the production of a professionally produced training video. Members of the Coalition include: BAGA, CLCA, Association of Latin American Gardeners, San Mateo Gardeners Association, Lawn and Garden Equipment Dealers Coalition, Outdoor Power Equipment Institute, and the Portable Power Equipment Manufacturers Association. The video would be produced in Spanish and English. It is probable that two versions of the video would be produced: one that is Palo Alto-specific and one that is more generic that could be used in other cities. All commercial gardeners, regardless of whether they are members of BAGA or CLCA or not, would be required to be certified. Non-members of the organizations would need to pay a nominal fee to receive the training and certificate. CMR:352:99 Page 4 of 9 Staff proposes that the City provide assistance in the training and certification process by providing overall coordination and oversight, printing the certificates, and helping to publicize the training sessions. : Blower Certification- Sound Level and Emission Standards Staff continues to recommend that blowers that are rated at 65 dBA or less at 50 feet using ANSI standards be allowed for use in Palo Alto and that a manufacturer’s label indicating the rating be affixed to all leaf blowers used in the City. While the leaf blower demonstration conducted for the Council in May (Attachment A) revealed that sound levels of blowers were measured at higher levels than the manufacturers ratings, the conditions unddr which the measurements were taken did not follow the ANSI protocol. Staff determined that the ANSI standards are the only-ones consistently recognized and used by federal, state, and local governmental agencies. Almost all legislation regulating leaf blowers uses ANSI ratings as the standards. As an alternative, if the Council is uncomfortable with using the manufacturer’s label as certification, the City could require that an independent laboratory certify all blowers used in the City. However, it should be noted that the some of the makers of leaf blowers already use an independent laboratory to conduct the tests to determine equipment ratings. As an example, Maryama Company uses the Underwriter?s Laboratory for the testing of its leaf blowers. Laboratories follow the established ANSI testing protocol when determining noise level ratings. Staff’~ original recommendations included one that within two years, only blowers that are rated at 62 dBA or less at 50 feet be allowed for use in the City. After doing some additional research, staff has changed that recommendation. While it is apparent that the companies who make the blowers are moving towards equipment that would meet the 62 dBA rating, it would be a substantial financial burden on commercial gardeners to purchase new equipment after only two or three years. Therefore, staff now recommends that the City encourage the use of blowers that are rated at 62 dBA, but that those rated at 65 dBA would still be allowed for use for an additional three years, to 2003. According to the Environmental Protection Agency (EPA) and the CARB, leaf blowers that do not meet the Tier II standards (refer to CMR:341:98) that become effective after January 1, 2000 will not be allowed to be sold in California. Tier I! standards will lower hydrocarbon emissions by about 70% over those allowed in 1995. The intent of the new standards is that as older, non-compliant equipment that does not meet the higher standards wears out, users will replace their blowers with those that do meet the new standards. Some companies are already making blowers that will meet the Tier II standards. It should be noted that most leaf blowers come equipped with factory-installed mufflers. CMR:352:99 Page 5 of 9 Days/Hours of Operation At the February 1999 Policy and Services Committee meeting, there was considerable discussion regarding staff’s recommendations on the hours/days of week during which leaf blowers would be allowed to be operated. Staff originally recommended that use of blowers be allowed by both commercial operators and residents between 9:00 a.m. and 5:00-p.m. Monday through Saturday and totally prohibited on Sundays and holidays. In discussions with representatives of CLCA and BAGA, staff has revised the recommendations as follows: Commercial use - Leaf blowers could be operated by commercial gardeners and landscapers between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. With the exception of large properties in industrial and general manufacturing zoned areas, conirnercial use would be prohibited on weekends. For those large properties in industrial and general manufacturing areas, commercial use would be allowed on Saturdays between 10:00 a.m. and 4:00 p.m. Homeowner/Resident Use - Staff recommends that residents (and gardeners) be allowed to use electric blowers Monday through Friday from 8:00 a.m. to 6:00 p.m. and on Saturdays and holidays from 10:00 a.m. to 4:00 p.m. Residents would be allowed to use fuel powered leaf blowers during the same times and on the same days as commercial gardeners, (i.e. between 8:00 a.m. and 5:00 p.m. Monday through Friday). Staff is recommending that extended hours and dayi be allowed for only those residents who use electric leaf blowers. The reason for this recommendation deals with enforcement. If residents were allowed to use gasoline blowers at different times/days, police staff would need to determine whether or not the operator was truly a resident. This sets up a situation that is not only labor intensive, but also would be objectionable on the part of residents. City Crews - Staff originally recommended that City crews be allowed to operate leaf blowers in the Downtown area, California Avenue, Midtown area, the Municipal Golf Course, and City parking facilities beginning at 4 a.m. At the Committee’s request, staff met with representatives from the major downtown hotels and agreed that Community Services and Public Services crews, including contractors, would coordinate their clean-up efforts around the hotels so that blowers would not need to be used in the areas until 7:00 or 7:30 a..rn., and the green machine would be used more frequently in areas like Lytton Plaza. However, staff does not believe that it is necessary to incorporate this agreement in the actual ordinance. For areas other than those adjacent to the hotels, the following alternatives were considered: 1)Prohibit City crews from use of leaf blowers prior to 6:00 a.m. - This alternative presents significant problems, especially for cleaning City parking facilities and sidewalk areas in Downtown and California Avenue areas. Vehicles begin parking in lots and garages as early as 6:00 a.m. Additionally, pedestrian tra.ffic begins to CMR:352:99 Page 6 of 9 2) 3) increase between 6:00 a.m. and 7:00 a.m. The ability of City crews to efficiently and safely clean these areas with pedestrians and vehicles present would be significantly hampered unless done during hours when there is minimal vehicle and pedestrian traffic. Clean these areas every other week - This alternative is not recommended. Due to the levels of activity in the Downtown and California Avenue areas, frequent and consistent cleaning is needed. The accumulation of debris over a two-week period would be unacceptable to business owners, residents, and visitors. Hand sweep/rake these areas - While this alternative is an option, as reflgcted in CMR 139:99, the costs associated with it are considerable and as a result this alternative is not recommended. After a review of possible alternatives, staff still recommends that City crews be allowed to operate leaf blowers between 4:00 a.m. and 8:00 a.m. in the designated areas with the exception of the Downtown and California Avenue hotels. Spare-the-Air Days - Staff has included a recommendation that would prohibit City crews, including contractors, from using fuel-powered leaf blowers on Spare the Air Days. Resolutions and ordinances have been passed in other jurisdictions that include similar prohibitions. Staff also believes the City should strongly encourage commercial and residential users from using all fuel-powered lawn and garden equipment, but feels enforcement of a prohibition would be impossible, as Police staff would need to be able to prove that the violator had prior knowledge of the designation of a Spare the Air Day. While such designated days are widely publicized, it is definitely possible that a user would not receive the information. Proactive Enforcement Staff continues to believe that proactive enforcement of a revised leaf blower ordinance will assist in ensuring compliance and keeping complaints to a minimum. Because staff has eliminated the permit concept, an increasing penalty assessment for subsequent violations is recommended. As an example: the first violation would incur a $25 penalty; the second violation a $50 penalty, the third violation a $100 penalty, etc. If Council approves this approach, actual penalty amounts would be determined. This approach has been discussed with representatives of BAGA and CLCA and they endorse it. Notification of the clients of violators is also recommended. Leaf Blower Complaints At the Policy and Services Committee meeting, Council members asked for some additional information regarding leaf blower complaints. Specifically, Council members asked why the number c~f leaf blower complaints has increased over the last few years and how future CMR:352:99 Page 7 of 9 complaints woUld be tracked. While there is no way of knowing for sure, staff believes several factors have influenced the increased number of complaints. These factors include: a higher sensitivity and awareness regarding leaf blower use; better documentation and tracking of complaints; citizen’s knowledge that Community Service Officer (CSO) response to complaints is usually more expeditious than police officers due to different levels of activities; and a significant increase in the use of commercial gardeners in the City. Staff would anticipate tracking leaf blower complaints as well as proactive enforcement using the same methodology and system that is used now. As CSOs respond to complaints or take proactive action, the information is communicated to dispatchers in the. Communications Center and entered into a database. With the implementation of the Computer Aided Dispatch system, this tracking will be significantly easier to do. RESOURCE IMPACTS In order to provide consistent proactive enforcement, an additional CSO wouldbe needed to provide coverage seven days a week. Staffwould propose hiring a temporary CSO for the initial enforcement efforts of a revised ordinance and, if warranted, return to Council with requests for additional regular staff after a year’s experience. Estimated costs for the initial implementation include: Salary $40,000 Uniforms/Equipment 3,000 Total $43,000 If Council approves the staff recommendations, a Budget Amendment Ordinance (BAO) will be prepared for these costs, as well as any costs associated with the training and certification of gardeners. The BAO would be presented to the Council at the same time as the revisions to the Municipal Code are adopted. POLICY IMPLICATIONS Staff’s recommendations are consistent with the Comprehensive Plans policy to evaluate changes to the noise ordinance to reduce the impact of leaf blower noise (N61) ENVIRONMENTAL REVIEW An environmental determination would be made at the time a proposed revision to the current ordinance is presented to the Council for adoption. ATTACHMENTS CMR:352:99 Page 8 of 9 Attachment A-Results of Leaf Blower Demonstration Conducted for the Council in May, 1999 Attachment B - CMR 139:99. Attachment C - CMR 341:98 Attachment D - P&S Minutes, February 23, 1999 PREPARED BY:Lynne Johnson, Assistant Police Chief REVIEWED BY: APPROVED BY: PATRICK DWYEaR, ~O’4Li~E CHIEF CMR:352:99 Page 9 of 9 ATTACHMENT A LEAF BLO’C,’ER PRODUCT DEMONSTRATION Echo PB400E (No rating) 74?75 77/76 81/80 81 Marayama BL 4500_SP (Rated 62 DBA) 66/68 68/69 72/73 69/68 Echo 46LN (Rated 65 DBA) 69/68 71/69 72/73 68/70 Stihl 320L (Rated 70 DBA) 73/70 75/74 Stihl Electric (R~ed 63 DBA) 62/64 64/65 Toro Electric (No rating) 63/62 59/60 Stihl Vacuum (Rated 69DBA) 66/67 69/70 Marayama (tube removed) 68/69 73/72 City Weed Wacker 77/76 77/78 Echo 46 LN (against fence)Echo 46 LN (fence tube oft3 ~reenMachine 67/68 72/73 71/73 72/73 69 idle 68/70 motion Echo 46 LN (on cement)Echo 46 LN (cement no,,,tube) 70/69 74/75 72/71 74/73 Ambient 52 City of Palo Alto City Manager’s Report TO: ATTENTION: HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE FROM:DEPARTMENT: POLICE DATE: SUBJECT: FEBRUARY 23, 1999 CMR:139:99 RECOMMENDATIONS REGARDING THE REGULATIONS OF THE USE OF LEAF BLOWERS IN PALO ALTO REPORT IN BRIEF This report provides recommendations for regulating leaf blowers. As staff has conducted research and talked to numerous people, it is clear that there are a wide variety of opinions and p~rspectives on the issue. While the recommendations would not totally eliminate noise level concerns and do not specifically alleviate the issue of particulate matter pollution, staff believes it has devdop~d a balanced, proactive approach that should result in a reduction of noise levels while at the same time maintaining an accepted level of cleanliness for the City. This report provides updates on other cities’ experiences and summarizes the types of regulatory legislation used by other agencies. The report also discusses proposed enforcement procedures, addresses the issue of cleaning City properties and facilities, and presents alternative options for Council consideration. CMR:139:99 Page 1 of 18 RECOMMENDATIONS Staff recommends that the Council direct staff to revise Chapter 9.10 of the Palo Alto Municipal Code regulating leaf blowers in the following manner: 1)only leaf blowers that have been permitted for use by the City of Palo Alto may be operated in the Cit3r, 2)permits would be issued, for a fee, only for blowers that meet the Califomia air quality standards, and are rated at 65 dBA or less at 50 feet, by the American National Standards Institute (ANSI); 3) 4) in two years, permits would be issued only for blowers that meet the California air quality standards, and are rated at 62 dBA or less at 50 feet, by the ANSI standards; leaf blowers must be operated with all extension tubes in place; 5)blowers could be operated only between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday; 6) 7) 8) use of leaf blowers would be prohibited on Sundays; the blowing of debris onto adjacent properties would be prohibited; enforcement would be conducted on a proaetive basis instead of a complaint basis. After an initial grace period, citations would be issued for all violations. In those situations when a commercial gardener is found to be in violation, a notice would also be given to the gardener’s client informing them of the violation. If a leaf blower operator receives two citations, the permit to operate the blower would be revoked. 9)City crews would only be allowed to operate leaf blowers beginning at 4:00 a.m. in the downtown area, California Avenue, Midtown area, the Municipal Golf Course, and in City parking lots; 10)City crews would be exempted from these regulations for clean up after special events and in emergencies; ¯If Council approves these regulatory measures, staff would return with a draft of a revised ordinance (Chapter 9.10). Additionally, staff would return with a budget amendment CMR:139:99 Page 2 of 18 ordinance to cover the costs needed to implement the program. - BACKGROUND In January 1998, Council directed staff to identify and evaluate options for addressing leaf blower noise, to review environmental issues, to provide a survey of what other jurisdictions have done regarding leaf blowers, and to provide information about the current level of enforcement and on issues related to .enforcement of any proposed ordinance changes. Since that time, staffhas conducted a Considerable amount of research, held meetings with gardeners and members of the public, obtained information about what other cities axe doing, monitored local and state legislative activities, and performed noise level tests on equipment. The two status reports provided to the Council during the.year (CMR: 216:98 and 341:98) contain considerable information that is not repeated in this report. This report provides updated information about the above topics, as well as costs associated with cleaning City properties and facilities, alternatives for regulating the use of leaf blowers, and specific recommendations for Council consideration. Alternative Clean-up Tools Staffhas investigated the types of.tools that are used for clean-up purposes and compared the time it takes to do the work to the time doing the same work using a leaf blower. (It is important to note that, while the mechanical tool in question is known as a leaf blower, it is frequently used in the clean up of other debris such as litter, dirt, grass clippings, etc.) Rakes/Brooms - The most commonly used tools for dean up of yards, open spaces, grounds, etc., are rakes and brooms. Obviously, brooms are the quietest and result in the least amount of pollution (some minimal pollution occurs when dust particles become disturbed during sweeping and raking). Brooms, however, can only be used on certain types of flat, smooth surfaces such as asphalt and concrete that are amenable to sweeping. The time it takes to sweep an area is considerably longer than the time it takes using a blower. Depending upon the reference source, the time differences range from three to five times longer. According to industry standards published by the California Landscape Contractors’ Association, a nonprofit organization that represents about 2,500 State-licensed landscapers, there is an average ratio of one hour of labor using a leaf blower compared to CMR:139:99 Page 3 of 18 five hours for sweeping. In 1997, the City of Santa Barbara conducted its own study comparing times needed to clean parks with leaf blowers and sweeping. While the times differed depending upon the amount and type of debris, weather conditions, the presence of the public in the park, and the type of surface, they concluded that the average of one hour of leaf blowing was equivalent to five hours of sweeping. In October 1998, one of Palo Alto’s Public Works employees conducted a time comparison test. The employee used a broom for one hour to clean the sidewalk area of University Avenue. He swept around tree wells, along curbs and parking wheel stops. Using a broom, he was able to sweep approximately two and one-half blocks on only one side of the street. Using a leaf blower for an hour, he was able to clean a five-block area on both sides of the street. Early last year, as the City of Santa Cruz was reviewing the use of leaf blowers in its city, the city determined that the time needed to conduct the cleaning of its parking lots and other city facilities without the use of leaf blowers would be two to three times longer. Rakes are another tool that is frequently used. Rakes produce some noise when used on hard surfaces (a metal rake on concrete was measured at 58-60 dBA at 50 feet) and result in minimal air pollution. However, like brooms, they require additional time to complete the work. An experiment was conducted by Echo, Incorporated. Echo is one of the largest manufacturers of leaf blowers in the Country. It videotaped two men working side-by-side in a park area. Each gardener was to clean a grass area covered with leaves. One gardener used a rake and the other gardener used a leaf blower. The gardener who used the rake took 50 percent more time to complete the job. Staff has heard on many occasions that a leaf blower ban adversely irnpaets the earning potential of gardeners because it takes longer to do the work. However, to date, no individual or organization has been able to provide any documentation that indicates that this has proven to be the ease in those cities that have approved ordinances prohibiting the use of leaf blowers. The California Landscape Contractor Association sent a survey to 1,000 members last Fall. One of the questions asked how much a ban on gas-powered leaf blowers would increase their annual costs. Based upon the survey responses, the average increase was 20.7 percent. The level of increase was found to be lower for larger businesses (16.6 percent) and higher for smaller businesses (22.3 percent). Water- Water has been used in the past in many places to rid hard surfaces of debris. In non- &ought years, hoses are frequently used in residential areasto dean driveways and sidewalks. Some. cities, including Palo Alto, use power washers to dean their commercial areas. This equipment generates noise levels that are as loud as or louder than leaf blowers. Staffreeenfly took sound meter readings of a power washer being used in the downtown area and found that it registered 73 dBA at 50 feet. While the use ofwater usually does not create CMR:139:99 Page 4 of 18 air pollution problems, water is a resource that should not be wasted, especially during drought years. Other Tools - City staffhas reviewed the use of other tools, such as street sweepers, that are frequently used to clean commercial areas. Sound meter readings were taken on the City’s Green Machine, and on two models of street sweepers. Attachment A provides the results of the sound meter tests taken at 3 feet, 25 and 50 feet. The Green Machine produced the lowest noise; however, even at 50 feet, it produced up to 66 dBA, not much quieter than most of the newest leaf blowers. While the Green Machine has been a useful tool in helping to clean the downtown area, it has its limitations. Cement tire stops in parking lots, tree wells, and other obstacles prevent its use in certain areas and restrict its ability to pick up debris in certain areas. New Technology Manufacturers of leaf blowers have been contacted regarding the status of new technology. Several things are occurring in this area. There is movement in the industry toward battery- operated equipment. The major concern at this time is the quality, weight and cost of the batteries. Initially, batteries could cost up to $600 and are quite heavy. While the potential of battery-operated leaf blowers includes positive aspects in that they would not have any fuel emissions, in all likelihood, they would still nm at about 63-64 dBA noise levels. The potential of manufacturers to mass-produce leaf blowers that operate at 62-63 dBA within the next few years is also quite good. Due to the logarithmic formula in determining decibel levels, this means that leaf blowers could be operated at noise levels about 155 percent quieter than those used ten years ago and about 35 percent quieter than those operated at 65 dBA. This would be equivalent to the noise levels of ears traveling on residential streets (at 25 feet). According to manufacturer representatives, it is probably unlikely that blowers would be made that would produce noise levels of much less than 62 dBA due to the considerable reduction in air flow, which would be detrimental to their operation. Staff has conducted some research and has done some sound level testing of some of the newest equipment and determined the following: The Echo PB46LN was tested and while it does not have the ping sound produced by other blowers, the noise level was slightly higher in field conditions than its rating of 65 dBA. ¯Toro Proline BP6900 .claims to be rated at 62 dBA, but when tested by Police CMR:139:99 Page 5 ef 18 Department persormel, was found to be slightly higher. It is quieter, however, than the Echo PB46LN which is rated at 65 dBA. The Maruyama BIA500 is advertised to be the quietest backpack currently made and is rated at 62 dBA using ANSI standards. Staff was unable to obtain one to use for sound meter testing however. Ryobi manufactures a four-cycle blower that claims to produce 80 percent fewer combined hydrocarbon and nitrogen oxide emissions than the traditional two-stroke engines. Staff was interested to learn that although more leaf blowers are sold in California than in any other state in the Country, manufacturers are considering in the future not selling their blowers here due tothe State’s stricter fuel emission requirements and the problems their customers face with the various types of ordinances. Apparently due to the increased sales throughout the rest of the United States, in addition to numerous cotmtries around the world, the reduction of sales in California does not cause manufacturers much concern. While some people believe that this trend may be the best possible answer to resolving the leaf blower dilemma in the future, others are concerned that a general decline in the overall cleanliness of the state will occur. ¯ T_vpes of Leaf Blower Re_malations Staff has reviewed more than 45 ordinances from cities in California and found that leaf blowers are regulated by different cities using various strategies. Cities develop regulations according to their own specific needs and factors such as the amount of commercial and open space areas located within their jurisdiction, the level of cleanliness their community demands, and the amount of expenditures they determine acceptable for ensuring compliance ¯ to their regulations. Some cities do not regulate the use of leaf blowers at all. Regulatory strategies fall into six basic categories: 1) time of day/day of week, 2) noise levels, 3) area specific, 4) bans, 5) educational approach, or 6) a combination of the five. Time of Day/Day of Week - These types of ordinances regulate by the times of day and days of week that blowers can be operated. These regulations are the most common form imposed by cities and are based on the premise that leaf blower noise is usually most offensive during certain hours of the day or days of the week. Hour restrictions range from 7:00 a.m. to 9:00 p.m. Some cities totally prohibit the use of blowers on Sundays and holidays, while others decrease the number of hours per day that blowers can be used on weekends and holidays. CMR:139:99 Page 6 of 18 Ordinances using only time of day/day of week restrictions are fairly simple to enforce in that it is obvious when the blowers are operated. Noise Levels - Some cities regulate the use of leaf blowers based upon noise levels. These types of regulations address one of the major complaints about leaf blowers which is the level and type of sounds they produce. The decibel levels allowed by cities also vary, although most use either 70 or 65 dBA limitations. Distances of measurement are consistently at 50 feet. Staff was unable to find any city whose ordinance required less than 65 dBA levels (except for bans). Ordinances that include noise level restrictions are not easily enforced as they require the actual measurement of the blower. This method is time consuming for officers, and gardeners can alter the noise levels by operating the blower at half-throttle, and with or without the extension tubes. Additionally, these ordinances usually require the enforcing agent to witness the blower being operated. This has been the primary reason that many agencies, including Palo Alto, issue only warnings when decibel levels of a particular blower are in question. Due to a number of variables, it is difficult to get any prosecution without an officer personally observing the offender in action. Area Specific - A number of cities have time and day of week restrictions for residential areas, and no restrictions in commercial areas. As an example, Los Gatos allows use of leaf blowers in residential areas between 8:00 a.rn. and 8:00 p.m. during the week, and between 9:00 a.m. and 7:00 p.m. on weekends and holidays. However, blowers can be used.anytime in commercial areas. Los Gatos includes gasoline lawnmowers, and edge and hedge trinmaers in their restrictions as well. For those cities that have different restrictions for residential and commercial areas, it is not uncommon to have distance requirements of 100 or 200 feet from residential zones. Those agencies who have these types of ordinances report that they are fairly easy to enforce as long as commercial and residential areas are well defined and easily identifiable by officers without the need of zoning maps. The cities, like Palo Alto, where there are a number of mixed use areas, present enforcement difficulties. Bans - Some cities have adopted ordinances that include various types of bans. The range of bans includes bans of all types of blowers to bans of only gasoline-powered blowers. Usually, these types of ordinances have resulted in the greatest amount of debate and controversy. The bans address the issues of air pollution and environmental concerns together with.noise levels but are not favored by gardeners or owners of large comrnereial and public properties. CMR:139:99 Page 7 of 18 Enforcement feasibility is directly related to the specific language in an ordinance. As an example, a prohibition of all types of leaf blowers is quite easily enforced. However, a ban on only gasoline-powered blowers is harder to enforce as users can fairly easily convert them to methane or other fuel-powered devices. EducationalApproach - Some cities use ordinances predicated on the concept that individual fights of users and community members in general should be considered and that blowers are a useful tool if operated properly. These types of ordinances include user guidelines and emphasize cooperative efforts between gardeners and community members in providing education on the use of blowers that minimizes the noise levels and environmental issues. For the few cities who use this approach, enforcement is almost nonexistent. Combination - Many cities use a combination of the above approaches to regulate blowers. Additionally, some cities have added additional types of restrictions in their ordinances. These include the following requirements: leaf blowers must be muffled; extension tubes must be used; blowers cannot be used for more than 10 to 30 minutes at one time; or only one blower may be used at a time on one property parcel. Depending upon the number and type of variables included in such combination ordinances, enforcement is usually quite difficult due to the factors noted above. Update: Other Cities’ Exp_ etienne Staffhas continued to research what changes other cities have been making in regulating leaf blowers. Attachment B provides an updated list, by city, of various types Of ordinances. Previously, information had been received that Palos Verdes banned gasoline and electric blowers. While that language still appears in Palos Verdes’ ordinance, in 1991, due to the drought that was occurring at that time, an amendment was made to the ordinance that allowed the use of leaf blowers that are certified by the City. Only those blowers that don’t produce noise levels of more than 70 dBA at 50 feet are certified. As a result of the amendment, the ban is not enforced. In mid-August, the City of Los Angeles stopped enforcement efforts on its ordinance (applicable only to residential areas) due to the dismissal by a Municipal Court Judge of tickets issued to gardeners who were cited for operating leaf blowers using methanol fuel. Because the ordinance only banned gasoline-powered blowers, and since it is very difficult by either odor or visual obsercation to differentiate between gasoline or methanol, enforcement was curtailed for a period of time. Enforcement efforts have begun again. When a gardener claims to be using methanol, the inspector and police officer request a .sample of fuel. Any samples that are taken are sent to a laboratory for analysis. CMR:139:99 Page 8 of 18 Some cities have recently enacted’bans. They include Manhattan Beach (9/98) and Santa Barbara (11/97). In October 1998, the Santa Cruz Council conducted a study session on leaf blower regulation alternatives. At that time, the Council directed that a task force of community members and gardeners be formed to review the issue. The task force was developed and initial indications were that it would recommend restrictions, but not a ban. In the interim, the membership of the City Council changed. The issue of leaf blowers has been put on hold. Sunnyvale held a noise forum last fall that addressed all types of noise issues. Based upon the information received, recommendations most likely wilt be made to Sunnyvale’s Council that leaf blowers not be singled out from other noise producing tools and that with the possible exception of reducing the hours of the day that blowers could be used, no changes be made to current regulations. Staff has also received a copy of a court decision that was rendered in New York last December that ruled that the City of Long Beach, New York’s ordinance prohibiting the use of power blowers was unconstitutional. The ease involved two defendants, a landscaper and an employee of the local school district, who were charged with violating that city’s four-year old ordinance that prohibited the use of power blowers. The defendants moved for dismissal of the charges on the grounds that the ordinance was arbitrary, exceeded reasonable objectives and was unreasonably burdensome to their landscaping business and school maintenance program. Staff had originally planned on providing Council with evaluation of options last fall. However, due to the Senate Bill that was pending at that time in Sacramento and the ballot measure activity that were occurring in Menlo Park. However, staffbelieved it was prudent to wait until after Menlo Park’s election and a conclusion was reached in the State capital before requesting Council action. Menlo Park’s ballot measure was defeated and currently a task force is reviewing options for regulating leaf blowers. Senator Polaneo’s bill died during last year’s session after it reached the Committee on Environmental Quality. Staff recently spoke to a representative from Senator Polaneo’s office and was told that he is actively considering proposing a similar type of bill during this year’s session, but that a final decision will not be made until mid or late February. Pollution Issues As described in CMR’s 216:98 and 351:98, in addition to noise levels, there are two pollution concerns associated with leaf blowers, gas emissions and particulate matter. According to the Environmental Protection Agency (EPA), most manufacturers of leaf CMR:139:99 Page 9 of 18 blowers will be able to meet the new Tier II emissions standards that will become effective next year. The EPA indicated that while electric equipment is cleaner than gas powered engines, generating the power to r~n electric equipment does produce pollution as well. The Bay.Area Air Quality Management District estimates that yard care equipment is responsible for 2 percent of total pollution and that leaf blowers are only responsible for about 17 percent of the pollution associated with yard care equipment. It has been estimated that using a gas- powered leaf blower for one hour may be equivalent to 34 hours of driving a car; using a chain saw for an hour may be equivalent to 63 hours of driving, and using a weed whacker may be equivalent to 21 hours of driving. The conclusions about particulate matter pollution are much less concrete and questionable based upon the lack of creditable research and data.. In 1996, AeroVironment Incorporated conducted a study for the South Coast Air Quality Management District to determine the amount ofrespirable dust (PM-10) produced by leaf blowers. At that time, it estimated that PM-10 emissions from leaf blowers contributed to about 1 percent of the total emissions in the Los Angeles area.. It acknowledged, however, that it considered this a conservatively high estimate that was based upon assumptions and unvalidated information. While it is obvious that leaf blowers do add to particulate matter pollution, until more scientific research ¯ using valid information can be completed, it is notpossible to determine the extent. Update: Palo Alto Enforcement During 1998, police personnel responded to 175 leaf blower complaints, an increase of 30 compared to the previous year. Of those complaints, by the time the officer responded, the person using the blower was not located in 67 or about 38 percent of the eases. Out of the total number of calls, 107 were as a result of the blower being used before the currently permitted starting time on weekdays and 11:00 a.m. on weekends. Citations were issued on two occasions within the last four months. One was issued in the downtown area for operation of a blower on a weekday prior to 9:00 a.m. Warnings had been issue prior to the.citation being issued. The other citation was issued in a commercial area for operating a leaf blower on a Sunday prior to 10:00 a.m. Attachment C provides a history of the 1998 complaints by date, time of day and location. .Proposed Re_malations and Enforcement Opinions on the use of leaf blowers range from opponents who are concerned about noise levels and pollution generation to proponents who cite leaf blowers efficiency, utility and economy. Little consensus is shared between people who hold the divergent viewpoints. It CMR:139:99 Page 10 of 18 is clear that regardless of Council’s final direction, some members of the community will not be satisfied. With this in mind,, staff recommendations reflect efforts to approach the issue with a balanced, proactive strategy that should result in considerable noise reduction while allowing gardeners and others to maintain the cleanliness of the City. Staffrecommends a decrease in allowable decibel levels of leaf blowers, further restrictions in the permitted hours and days of operation and a change in enforcement procedures. Staff has analyzed the information regarding the use of leaf blowers and determined the following: Leaf blowers (gasoline and electric) do produce noise levels that are-offensive and bothersome to some individuals. Leaf blowers (gasoline and eleelric) blow pollutants including dust, animal droppings, and pesticides into the air adding to pollution problems. Gasoline-powered leaf blowers produce fuel emissions that add to the air pollution. Other garden equipment such as gasoline-powered lawn mowers, hedge trimmers, and weed waekers also produce similar noise levels and present many of the same environmental concerns. While there are other types of tools that can be used, the majority of them require at least 30 to 50 percent more time to complete the work compared to leaf blowers, and thus significantly increase the costs to the City for clean up ofpublicfaeilities. " Ordinances regulating the use of leaf blowers should be easily enforced and understood in order to be effective and for compliance to occur. Staff proposes changing the level of enforcement associated with the recommended changes to leaf blower regulations from a reactive and complaint basis to a proactive basis. This recommendation is made based upon the belief that compliance would be more apt to occur if users of leaf blowers knew that the City’s approach was not complaint-based. The con.cept of issuing permits, similar to that procedure used by Palos Verdes, provides two positive elements. The first is ease of enforcement. As police staff travel around the city and observe people using leaf blowers, it would be quite easy to determine a violation just by visually inspecting the blower for an affixed permit. Prior to receiving a City permit, the blower would be tested once by either City staff using a sound meter or a certificate of compliance by an independent testing agency such as ANSI would be required. A manufacturer’s certificate would not be accepted. Permits would need to be obtained for all leaf blowers, including those used by residents on their private property. Secondly, at the time permits are issued, City staff would provide education material CMR:139:99 Page 11 ef 18 (bilingual) and instruction to users of blowers on the proper way to use thorn. As an example, research revealed that when the extension tubes are used on blowers, they are quieter than when used without the tubes. According to many sources, many independent commercial gard .eners never receive instruction on the proper use of blowers. This type of educational assistance would be beneficial in helping to ensure the appropriate use. Staff is recommending that permits be issued only to those leaf blowers that meet ANSI standards. The American National Standards Ins.titute (ANSI) is the coordinator and administrator for the United States private sector voluntary standardization. Underwriters Laboratories, an independent non-profit organization that has become a recognized leader in product safety and certification uses ANSI standards when certifying leaf.blowers. Staffbelieves that a stricter enforcement posture that would result in citations being issued after an initial warning period would help to alleviate many concerns. Staff also recommends some additional enforcement elements. These include provisions that after receipt of two citations, the permit for the blower would be revoked. Also, staff proposes that the clients of commercial gardeners who are found in violation of the ordinance would be notified in order for them to take more ownership in the issue. Currently, Section 9.48.040 of the Palo Alto Municipal Code prohibits the sweeping, throwing or placing of dirt, debris, and rubbish onto sidewalks, streets, alleys and gutters. Staff recommends strengthening this language by including a prohibition against blowing debris into adjacent properties and adding the proaetive approach to enforce these ordinances. Ci_ty Use of Leaf Blowers Currently, City crews and contractors use leaf blowers to clean City parking lots, downtown sidewalks, tree wells, bike paths, tennis courts, parks, City Hall plaza, athletic fields, City facilities, and the golf course. Public Works and Community Services staff compiled information for each of these areas regarding the frequency these areas are cleaned and the times of day the cleaning takes.place. Additionally, the costs to clean these areas using leaf blowers has been determined and an estimation of increased costs should the use of leaf blowers be prohibited. Attachment D provides the detailed information. Staff estimates that the current annual cost of almost $500,700 would be increased by almost four times ($1,979,775) should City crews be prohibited from using blowers. These estimates were based upon information received from the City’s contractors, cities that have implemented leaf blower bans, and projections for in-house work. The blowers used by City crews in the downtown area are the newer models that are rated CMR:139:99 Page 12 ef 18 at 65 dBA. City crews who work in other areas of town use models that are rated at 70 dBA. All City contractors are required to use blowers rated at 65 dBA. The other issue relative to City crews using leaf blowers deals with the actual hours of use. At the time the current ordinance was adopted, Council made a specific exception which allowed for business district street and public parking lot Cleaning to occur between i 0:00 p.m. and 7:00 a.m. on weekdays. Council recognized that, due to the presence of vehicles and pedestrians, it is difficult to clean these areas during the times that leaf blowers are normally allowed to be used (9:00 a.m. to 5:00 p.m.). The permitted decibel level of the blowers used by City crews and contractors, however, is at the same 75 dBA at 25 feet that is required for daytime use. Over the years, staffhas received some complaints from peoplg living in the downtown and California Avenue areas about the noise created by the blowers, especially in the early morning hours, and street and sidewalk cleaning. The City crews make every effort to keep .the noise levels down. Staff believes that the problems associated with daytime cleaning are still present and as a result are recommending that some specific exemptions for City crews in certain parts of the city. ~TERNATIVES TO RECOMMENDATION Staffhas considered alternative options for dealing with the leaf blower issue and discussed the pros and cons with the members of the public at the three community meetings. (See attached CMR:341:98). These alternatives, together with the reasons staff has not recommended them, are listed below for Council consideration. Make No Changes to the Current Ordinance - Staff believes that changes to the current ordinance are needed and as a result does not recommend this alternative. While the combination of decibel level limits and hours/time of day is a more effective regulation than just one or the other, as reflected in the complaint history over the last few years, enforcement has not been effective for several reasons. In order to determine whether a violation has occurred during permitted hours of operation, the user must be observed by the officer. Additionally, decibel levels must be measured. It is not uncommon for commercial gardeners to use different staff at the same locations. A complaint may be received about a user one week and the officer may determine a violation has occurred. Due to the procedure the Department has used over the years, fast offenses result in warnings. The next week, another complaint about the same location may be received, but the officers frequently find another individual operating the blower. CMR:139:99 Page 13 of 18 Another problcrn with enforcement of the current ordinance is created by the fact that many complaints are made anonymously. As a result, by the time an officer arrives, the violator has already left, has stopped using the blower, or has changed the throttle level of the blower. Without additionalinformation by an actual witness, enforcement is extremely difficult. ~ As noted in a prior staff report, the average amount of time spent on leaf blower responses is about 30 minutes. Complete ban on all leaf blowers - Staff does not recommend this alternative for several reasons. As discussed previously, ifa ban on the use of leaf blowers were to occur without any exemptions for City crews and contractors, the costs to maintain the cleanliness of City facilities, parks, parking lots, etc., would increase from $500,700 to approximately $1,979,775. The City would not be the only public agency who would incur additional costs if a ban were implemented. Staffhas conferred with representatives of the Palo Alto Unified School District and determined that some years ago, it was forced to reduce its gardening staffby about 50 percent. As a result, it is vital that it use leaf blowers in order to keep the campuses clean. It is diligent about operating its blowers at half speed and has not received any complaints about their use. Should a ban on leaf blowers be imposed, it would face the alternatives of increased costs or accepting a lower level of cleanliness. , While staffhas been unable to find any documentation regarding the loss of economic earnings fo~ gardeners in those cities that have banned blowers, there is no doubt that clean up of all kinds takes more time without the use of blowers. Gardeners would then be forced to charge higher fees in order to maintain their same level of income. Other types of power garden tools produce noise.levels that are louder or as loud as leaf blowers and that add to air pollution problems. While they do not necessarily produce the same pitch as blowers, there are substantial indications that other types of tools are as offensive as blowers. A prohibition against just leaf blowers seems arbitrary. If Council desires to prohibit the use of leaf blowers, staff would recommend the prohibition against other power garden tools, such as lawn mowers, hedge trimmers, chainsaws and edgers. Ban on Only Fuel Powered Leaf Blowers - While staff considered this alternative, it is not recommended based upon several factors. While an ordinance banning all fuel powered (gasoline, methanol, etc.) blowers would also be easier to enforce than the current ordinance, staffhas learned that gardeners and other users of blowers in some cities have attempted to circumvent the.law by giving the appearanee that electrical CMR:139:99 Page 14 of 18 o cords are attached to the blowers. Staffhas also be~n advised by officers from some jurisdictions that have banned fuel powered leaf blowers that because officer~ still must personally observe the violation in order for enforcement m occur, few citations are actually issued. Gardeners in those cities have learned that they have at least a three- to five-minute window in which m do their blowing prior m the time an officer may respond. In many instances, that window of oppommity is even longer dueto the low priority given to these types of calls for service in many cities. As a result, it is not unusual for the gardener m have either left the location, or at the very least, stopped using the blower prior to the officer’s arrival. Because it would be extremely difficult for City crews/contractors _to use electric blowers due to the lack of accessible power outlets in many of the areas cleaned, staff believes the cost impact for this alternative would be equivalent to that in alternative #1. While it is possible to connect these blowers to generators, the noise and fuel emissions created by the generators are frequently worse than gas powered blowers. There are also safety issues concerning the potential for electrical shock whe~ cords come into contact with wet surfaces. Because of this hazardous condition, two people are usually needed to operate an eleelric leaf blower, one to operate the blower and one to ensure that the cord does not come into contact with water or other liquids. Based upon sound meter tests, electric leaf blowers are as loud as or louder than gasoline-powered blowers. While they do not emit harmful fuel by-products, they disturb the equivalent amount of particles that add to air pollution concerns. Allow the Use of Leaf Blowers Only in Commercially Zoned Areas - Staff also looked at this alternative and identified some positive factors. As one example, this alternative would permit City crews to use blowers in such areas as the downtown, California Avenue, etc., and as a result, the cost irnpaet to the City would not be as significant as bans. However, the primary reason staff has not recommended this option deals with the difficulty in enforcement of such an ordinance. Police staff would need to rely on City zoning maps in order to determine the designation of a specific property. Additionally, there are a number of places in the City where commercially zoned properties abut or are across the street from residential or other designated types of zones. This would present problems in that a blower could be legally used on one side of the street, but cause an annoyance on the other side of the street: This would create confusion and frustration. Enforcement would be almost as labor intensive as the current ordinance. Further Restrict the Hours of the Day and/or Days of Week Leaf Blowers may be Operated - As an example, allowable times could be reduced to 10:00 a.m. to 4:00 p.m. or use could be prohibited on weekends and holidays. Staffbelieves ordinances CMR:139:99 Page 15 of 18 just restricting times and locations are confusing to users, difficult to enforce and do nothing to address the noise level concerns. Under this option, if City crews were not exempted, additional staffwould still be needed or contractors hired if the same level of cleanliness was to be maintained. The amount of additional costs would be dependant upon the number of hours and!or days of weeks that would be further considered restricted. Allow Leaf Blower Use Only by Private Citizens on Their Own Property - In addition to the cost impact to the City for cleaning City facilities and properties, a regulation such as this would be difficult to enforce. Officers would have to verify the identity of the user and the ownership of the property. Additionally, it does not address the noise issues that are of the greatest concern. Staffalso believes it unfairly targets the commemial gardeners while allowing residents unlimited usage. Other Ideas - During the public meetings, other ideas surfaced such as allowing leaf blowers to be used only in increments of 15 minute periods and dividing the City into different zones and allow blowers to be used in specific zones on certain days of the week. Staff determined that the confusion on the part of users, together with the difficulty in enforcing such regulations, make this an unrealistic approach to dealing with the issue and as a result has not recommended it. RESOURCE IMPACTS Currently, three Community Service Officers (CSO) are assigned to the patrol division to take minor accident and crime reports, handle abandoned vehicles, perform traffic control, respond to noise complaints. Staffbelieves that with the extra work load associated with the issuance of permits for leaf blowers, the provision ofproaetive enforcement, and in order to provide seven-day-a-week coverage, some additional staffing would be needed. Because information about the number of leaf blowers in the City that would require permits is not known, staffwould propose to hire a temporary CSO. After gaining some experience with the program, staff would evaluate additional staffing needs and if warranted, would remm to Council with requests for additional regular staff. Estimated costs for the initial implementation include: Salary $40,000 Uniforms/equipment $ 3,000 Supplies, education materials, permits $ 3.000 Total $46,000 CMR:139:99 Page 16 of 18 In staff’s recommendation, a fee for leaf blower permits would be charged on an annual basis. While a specific amount has not been determined, staff anticipates that a fee in the areaof about $10 would be reasonable and would assist in helping to offset the operational costs of the proactive program. The fee revenue would be determined by the number of users of leaf blowers who obtained the permits. Should Council approve the staff recommendation, staff would return with specific recommendations for the amounts for penalties that would be assessed against violators. Currently, the fine for violation of the ordinance is $35, with a $69 penalty assessment for a total of $104. POLICY IMPLICATIONS Staff’s recommendations are consistent with the Comprehensive Plan’s policy to evaluate changes to the noise ordinance to reduce the impact of leaf blower noise (N61). As stated previously, staff’s recommendation does not significantly address particulate matter pollution, but instead attempts to have a significant impact on the noise levels and tries to balance the concerns of as many involved parties as possible. ENVIRONMENTAL REVIEW An environmental determination would be made at the time the proposed ordinance returns to Council for adoption. ATTACHMENTS Attachment A - Results of Sound Meter Readings of Other Types of Equipment Attachment B - Summary of Additional Cities’ Ordinances Attachment C - History of 1998 Leaf Blower Complaints Attachment D - City Cost Comparisons Ban/No Ban CMR:341:98 CMR:216:98 PREPARED BY:Lynne Johnson, Assistant Police Chief Don Hartnett, Police Lieutenant CMR:139:99 Page 17 of 18 REVIEWED BY: APPROVED BY: PATRICK DWYER, CHIEF OF POLICE CMR:139:99 Page 18 of 18 ATTACHMENT A NOISE LEVELS OF ALTERNATIVE CLEANING EQUIPMENT EQUIPMENT ’3’25’$0’ Power Washer 87 76 73 Green Machine 82 69 64/66 Elgin "Cross Wind" Street Sweeper 91 82 78 Elgin "Pelican" Mechanical Broom 91 81 79 Sweeper Z ~Z Z £. 3 = =.~. 0 0 r.~ Date 01-14-98 01-17-98 01-20-98 01-28-98 01-28-98 01-30-98 01-30-98 02-14-98 02-20-98 02-20-98 02-20-98 02-21-98 02-23-98 02-26-98 03-03-98 03-05-98 03-09-98 03-09-98 03-10-98 03-10-98 03-11-98 03-12-98 03-23-98 03-26-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 7:29 a.m. 9:56 a.m. 7:19 a.m. 7:59 a.m. 11:55 a.m. 8:48 a~m. 4:11 p.m. 8:56 a.m. 8:45 a.m. 10:36 a.m. 10:51 a.m. 1:53 p.m. 7:58 p.m. 8:57 a.m. 7:44 a.m. 12:17 p.m. 8:14 a.m. 8:45 a.m. 7:42 a.m. 4:59 p.m. 6:22 a.m. 7:42 a.m. 3:43 p.m. 11:20 a.m. Contact Made (CM) or Unable to Locate (UTL) CM CM UTL UTL CM CM CM CM CM CM CM CM CM CM Hundred Block of Reported Leaf Blower Violations 700 block of Middlefield 1100 block of Hamilton 100 block of E1 Camino Real 300 block of Pasmer 800 block ofMoana Ct. 300 block of Cowper 500 block of Lincoln 1700 block of E1 Camino Real 200 block of Tennyson 1700 block of Emerson 3300 block of St. Michael 800 block of Miranda Green Ct. 100 block of Lytton 1800 block of Waverley 1300 block of Newell 600 block of Kingsley 300 block of Cttrtner 900 block of Amarillo 2800 block of Middlefield 500 block of St. Clair 100 block of California 1000 block of Colorado 700 block of Loma Verde 2500 block ofW. Bayshore Date 03-27-98 03-31-98 00-02-98 00-05-98 04-10-98 04-14-98 04-17-98 04-25-98 04-26-98 04-2%98 04-28-98 04-28-98 04--28-98 04-29-98 05-03-98 05-06-98 05-06-98 05-07-98 05-10-98 05-11-98 05-13-98 05-13-98 05-15-98 05-17-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 3:42 a.m. 7:41 a.m. 7:53 a.m. 3:32 p.m. 4:51 a.m. 7:27 a.m. 1:04 p.m. 8:44 a.m. 3:36 p.m. 1:51 p.m. 7:24 a.m. 7:30 a.m. 5:46 p.m. 6:18 a.m. 11:47 p.m. 7:33 a.m. 11:57 a.m. 8:57 a.m. 11:49 p.m. 8:28 a.m. 1:25 p.m. 1:39 p.m. 12:08 p.m. 11:22 p.m. Contact Made (CM) or Unable to Locate (UTL) CM* CM CM UTL CM* CM CM CM* CM* UTL CM* CM* UTL CM* Hundred Block of Reported Leaf Blower Violations 600 block of Arastradero 200 block of Palo Alto Ave. 700 block of Maplewood 600 block of Homer 400 block of University 300 block of Hamilton 500 block of Lincoln 3900 block of El Camino Real 600"block of Homer 4200 block of Wilkie 300 block of Bryant 200 block of Sherman 200 block of Curtner 400 block of University 300 block of Waverley 300 block of Portage 200 block of Grant 3800 block of E1 Camino Real 300 block of Waverley 200 block of Hamilton 2300 block of Tasso 500 block of Channing 200 block of Edlee 300 block of Waverley ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date Time Contact Made (CM) or Hundred Block of Reported Unable to Locate (UTL)Leaf Blower Violations 05-25-98 1:50 p.m.CM 700 block of Sutter 05-27-98 5:19 a.m.CM*600 block of Waverley 06-01-98 8:12 a.m.CM 3500 block of Laguna 06-02-98 7:53 a.m.UTL 1200 block of Harriet 06-03-98 10:25 a.m.CM 3100 block of Waverley 06-05-98 1:48 p.m.UTL 1200 block of Wilson 06-11-98 8:39 a.m.UTL 3800 block of E1 Camino Real 06-15-98 7:36 a.m.UTL 100 block Middlefield 06-15-98 7:57 a.m.CM 1200 block of Newell 06-16-98 7:56 a.m.CM 2600 block of Birch 06-17-98 6:32 a.m.UTL 500 block of University 06-17-98 7:41 a.m.CM 3500 block of Arbutus 06-18-98 8:19 a.m.CM 3400 block of Ross 06-22-98 7:42 a.m.CM 700 block of Page Mill 06-22-98 3:40 p.m.IYI’L 700 block of San Antonio 06-23-98 7:42 a.m.UTL 700 block of Page Mill 06-23-98 7:40 a.m.UTL 200 block of Sherman 06-23-98 7:32 a.m.UTL 100 block of Middlefield 06-23-98 5:25 p.m.UTL 700 block of Northampton 06-24-98 7:38 a.m.UTL 700 block of Page Mill 06-25-98 8:16 a.m.CM 3800 block of E1 Camino 06-25-98 8:31 a.m.UTL 500 block of Center 06-26-98 5:54 a.m.CM 3300 block ofW. Bayshore Rd 06-27-98 1:35 p.m.CM 1500 block of Portola ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 06-29-98 06-29-98 06-29-98 06-29-98 06-29-98 06-30-98 06-30-98 06-30-98 07-01-98 07-03-98 07-04-98 07-05-98 07-06-98 07-08-98 07-08-98 07-09-98 07-09-98 07-10-98 07-10-98 07-11-98 07-12-98 07-13-98 07-13-98 07-15-98 Time 7:30 a.m. 8:26 a.m. 7:40 a.m. 1:11 p.m. 9:01 p.m. 7:57 am. 8:28 a.m. 6:04 p.m. 7:30 a.m. 8:30 a.m. 11:31 a.m. 8:24 a.m. 8:40 a.m. 7:37 a.m. 7:27 a.m. 8:22 a.m. 8:40 a.m. 8:20 a.m. 2:48 p.m. 4:56 a.m. 7:19 a.m. 7:38 a.m. 8:34 a.m. Contact Made (CM) or Unable to Locate (UTL) CM UTL CM* CM CM CM CM CM CM* CM CM CM* Hundred Block of Reported Leaf Blower Violations 700 block of Guinda 3100 block of Manchester Ct. 700 block of Page Mill 200 block of Lowell . 200 block of Sherman 700 block of Page Mill 1 O0 block of Middlefield 500 block of Matadero 700 block of Page Mill 3700 block of E1 camino Real 400 block of Ruthven 3100 block of Alexis 100 block of Middlefield 200 block of Forest 700 block of Page Mill 500 block of Center 1300 block of Newell 11 O0 block of Greenwood 3300 block of St. Michael " 4200 block of MeKellar 1500 block of Page Mill 800 block of Hangmen. 3600 block of Whitsell 200 block of Forest Date 07-15-98 07-16-98 07-17-98 07-18-98 07-22-98 07-23-98 07-23-98 07-24-98 07-25-98 07-27-98 07-28-98 08-03-98 08-03-98 08-03-98 08-04-98 08-05-98 08-07-98 08-11-98 08-14-98 08-14-98 08-17-98 08-17-98 08-18-98 08-18-98 ATTACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 8:56 a.m. 8:23 a.m. 6:41 a.m. 7:15 a.m. 8:33 a.m. 8:13 a:m. 8:27 a.m. 11:11 a.m. 1:35 p.m. 7:34 a.m.. 8:31 a.m. 6:47 a.m. 6:19 p.m. 7:46 p.m. 7:55 a.m. 6:37 a.m. 6:37 a.m. 8:09 a.m. 6:37 a.m. 10:45 p.m. 8:46 a.m. 11:55 a.m. 8:09 a.m. 3:27 p.m. Contact Made (CM) or Unable to Locate (UTL) UTL .UTL UTL UTL CM UTL CM CM* UTL CM CM CM* CM* CM Hundred Block of Reported Leaf Blower Violations 500 block of Arastmdero 1200 block of Newell 400 block of Cowper 3700 block of E1 Camino Real 400 block of San Antonio 1200 block of Newell 3800 block of Corina 100 block of Churchill 2700 block of Waverley 200 block of Hamilton 1200 block of Forest 400 block of University 700 block of Colorado 2900 block of Alexis 1200 block of Newell 400 block of University 400 block of University 1200block of Forest 500 block of Waverley 2300 block of Wellesley 1800 block of Emerson 4200 block of Wilkie Way 1200 block of Forest 2300 block of Middlefield A’I’FACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Date 08-21-98 08-21-98 08-21-98 08-24-98 08-24-98 08-24-98 08-25-98 08-25-98 08-25-98 08-27-98 08-27-98 08-28-98 08-30-98 09-04-98 09-06-98 09-08-98 09-12-98 09-15-98 09-16-98 09-17-98 09-18-98 09-23-98 09-23-98 09-25-98 Time 7:18 a.m. 8:51 a.m. 8:58 a.m. 6:39 a.m. 8:41 a.m. 8:59 p.m. 7:25 a.m. 1:33 p.m. 6:48 p.m. 10:56 a.m. 8:33 a.m. 6:31 am. 12:43 p.m. 7:46 a.m. 7:22 a.m. 8:31 a.m. 8:25 a.m. 7:12 a.m. 5:30 a.m. 4:23 a.m. 9:30 a.m. 9:42 a.m. 12:12 p.m. 8:03 am. Contact Made (CM) or Unable to Locate (UTL) CM CM CM CM CM CM CM CM* CM CM CM CM* ClVI* CM Hundred Block of Reported Leaf Blower Violations 400 block of Kipling 200 block of Scale 700 block of Garland 200 block of University~ 3000 block of E1 Camino Real 2400 block of E1 Camino Real 2800 block of Middlefield 500 block of Charming 500 block of Arastradero 600 block of Channing 900 block of Hansen 400 block of University 600 block of Homer 2100 block of Greer 100 block of College 700 block of Emerson 900 block of Dennis 700 block of Colorado 500 block of University 400 block of University 500 block of Alger 100 block of Lincoln 300 btoek of Sheridan 1200 block of Forest Date 09-25-98 10-02-98 10-06-98. 10-06-98 10-08-98 10-09-98 10-11-98 10-13-98 10-17-98 10-18-98 10-20-98 10-27-98 10-27-98 10-28-98 10-28-98 10-28-98 10-31-98 11-02-98 11-05-98 11-05-98 11-07-98 11-08-98 11-09-98 11-10-98 A’I~rACHMENT C 1998 HISTORY OF LEAF BLOWER COMPLAINTS Time 5:18 p.m. 8:31 a.m. ¯ 8:06 a.m. 6:50 p.m. 7:52 a.m. 10:28 a.m. 3:13 p.m. 9:34 a.m. 8:17 a.m. 8:11 a.m.. 6:29 a.m. 12:27 a.m. 7:49 a.m. 8:43 a.m. 7:47 a.m. 7:37 a.m. 1:25 p.m. 3:25 p.m. 8:42 a.m. 1:21 p.m. 12:01 p.m. 8:40 a.m. 8:35 a.m. 1:13 a.m. Contact Made (CM) or Unable to Locate (UTL) CM CM - citation issued CM CM CM CM CM* CIVI* CM UTL CM CM CM CM - citation issued Hundred Block of Reported Leaf Blower Violations 2000 block of Channing 600 block of Waverley 600 block of Emerson 800 block of Ross Ct. 1600 block of Edgewood 1900 block of Waverley 400 block of Forest 1000 block of Cowper 200 block of Rinconada 2900 block of Middlefield 200 block of Cambridge Amtrack Depot - Uniyersity Circle 4100 block of MacKay 700 block ofLayne Ct. 100 block of Middlefield 900 block of Scott 2700 block of Waverley 300 block of College 1200 block of Greenwood 1200 block of Wilson 2700 block of Waverley 1700 block of Embarcadero 2200 bloekof Greer Amtrack Depot - University Circle Date 11-11-98 11-14-98 11-15-98 11-17-98 11-19-98 11-23-98 ~ 11-24-98 11-24-98 11-24-98 11-27-98 12-03-98 12-08-98 12-09-98 12-14-98 12-16-98 12-17-98 12-26-98 ATrACHMENT C 998 HISTORY OFLEAF BLOWER COMPLAINTS Time 5:25 p.m. 2:15 p.m. 11:23 p.m. 5:18 p.m. 8:51 a.m. 8:30 a.m. 8:32 a.m. 1:26 p.m. 3:55 p.m. 7:35 a.m. 12:28 p.m. 7:14 a.m. 7:50 a.m. 7:33 a.m. 8:47 am. 10:10 a.m. 2:59 p.m. Contact Made (CM) or Unable to Locate (UTL) CM UTL CM CM UTL CM CM CM * = City employee or City subcontractor Hundred Block of Reported Leaf Blower Violations 400 block of Meadow 200 block of Tennyson 3900 block of Middlefield 800 block of Richardson Ct. 1300 block of Greenwood 3100 block of E1 Camino Real 9.~ block 0f CowPer 300 block of High 2000 block of Oberlin 3700 block of E1 Camino Real 200 block of Edlee 2200 block of Birch 700 block of Middlefield 800 block of Webster 1800 block of Emerson 400 block of Forest 300 block of Ruthven ATrACHMENT D COMPARISON BETWEEN CURRENT CITY COSTS AND ESTIMATED COSTS IF LEAF BLOWER BAN IMPLEMENTED AREAS BLOWERS USED 1 / week TIMES CURRENT COSTS ESTIMA TED COSTS CONTRACTOR USED City Parking Lots 11 p.m. - 7 a.m.$15,650 $31,300 Yes Downtown Civic Center Cubberley Misc. Parking Lots 1 / week I 1 p.m. - 7 a.m.$21,700 $,43,400 No Bike Paths ] / week 9 a.m. - 3:30 p.m.$,4,100 $8,20~No Dead Ends l / week 9 a.m. - 3:30 p.m.$2,250 $4,500 No Downtown Sidewalks 3 / week 4 a.m. - 7 a.m.$8,000 $24,000 No Tree Trirraning Varies 8 a.m. - 4 p.m.$12,500 $25,000 Yes In-House Tree Trimming Varies 8 a.m. - 4 p.m.$12,500 $25,13(10 No SUBTOTAL $76,700 $161,400 COMMUNITY SERVICES AR.EASBLOWERSUSED Tennis Cottrts Downtown Tree Wells Parks City Hall Plaza Other City Facilities Contract Inspection Athletic Fields City Facilities - Higher Use Golf Course SUBTOTAL FREQUENCY[ 21 month 3/week 5 / week 3 / week 3 / week 5 / week 3 / week 3-5 / week 5 / Week 7/MES 9 a.m. - 4 p.m. 10 p.m. - 7 a.m. 9 a.m. - 3 p.m. 8 a.m. - 3 p.m. 8 a.m. - 3 p.m. 7 a.m. - 3 p.m. 9 a.m. - 3 p.m. 9 a.m. - 3 p.m. 6 a.m. - 3 p.m. CURRENF COSTS $9,245 $9,125 $423,370 ESTIMA TED COSTS $21,500 :~227,500 $27,375 $1,818,375 CONTRACTOR USED Yes Yes Yes Yes Yes No No No No [TOTAL [ $500,070[ $1,979,775I City of Palo Alto City Manager’s Report TO:HONORABLE t:lTlr COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: APRIL 27, 1998 CMR:216:98 SUBJECT: LEAF BLOWER ASSIGNMENT STATUS REPORT This is an informational report and no Council action is required at this time. BACKGROUND In January 1998, Council directed staff to identify and evaluate options for addressing leaf blower noise, to review environmental issues, to provide a survey of what other jurisdictions have done regarding leaf blowers, and to return in 90 days with a report.* Council also requested that staff provide infomutfon about the current level of enforcement and on issues related to enforcement of any proposed ordinance changes. Since receiving the assignment, staff has been gathering information needed to develop the options. This report provides information that staffhas gathered to date regarding the following: a summary of the history of leaf blower control in Palo Alto; experience of other cities and their leaf blower ordinances; test results of sound meter readings for various types of leaf blowers and other garden equipment; leaf blower complaints and current enforcement efforts; pollution information; and pending legislation concerning leaf blowers. Summary. of Leaf Blower Control in Palo Alto In 1972, the City established noise standards with the adoption of Palo Alto Municipal Code, Chapter 9.10. In 1986, as a result of numerous complaints about noise from equipment used by gardeners and Pubfic Works employees and City conlractors, the Police Department started to formalize its response and enforcement of the ordinance. At that time, after conducting noise meter readings on 18 different pieces of commonly used equipment, it was CM~216:98 Page 1 of 8 concluded that the noise ordinance was restrictive and needed to be reviewed for changes. After a Counvil study session on the issue early in 1987, staff presented three options to the Council spedfically related to leaf blowers, including: 1) a ban on the use of gasoline powered leaf blowers, 2) a prohibition on the use of gasoline leaf blowers within 250 feet of a single family or multiple family residence; and 3) a prohibition on the use of a gasoline lest’blower exceeding 90 de~’bels at a distance of 25 feet between 10:00 a.m. and 4:00 p.m., Monday through Saturday, and total prohibition on Sundays and holidays. The Council approved the third option with some modifications as an ordinance amendment. The modifications included a reduction from 90 decibels to 82 decibels and a further reduction to 75 dedbels aRer July 1, 1989, and a change in hours from 9:00 am. to 5:00 p.m., Monday through Saturday, and from 10:00 ~.m. to 4:00 p.m. on Sundays and holidays. At the time of the second reading of the ordinance amendment, there was considerable discussion concerning a possible exemption for City crews who used leaf blowers to clean parking lots during uighrdme hours due to the anticipated increase in costs and a decrease in the standard of cleanliness. Direction was given to staff at that time to prepare a policy for purchasing quieter equipment. In August 1987, Council approved an amendment to the noise ordinance, which permitted the use of gasoline leaf blowers not exceeding 82 dec~els at 25 feet (reduced to 75 decibels at 25 feet on July I, 1989) to clean City parking lots between the hours of I0:00 p~n. and 7:00 am., Monday tlu-ough Friday. Additionally, Council directed that all. potential vendors and bidders for City equipment purchases or City contractors adhere to five noise emission criteria for consideration. The criteria included: the vendor’s ability to comply with the City’s noise ordinance; written plans for reducing equipment noise emissions in the future; current operating decibel levels of equipment used by the vendor; the ability of the vendor to provide equipment designed to reduce noise; and the vendor’s commitment to the "Buy Quiet" program sponsored by the National Institute of. Governmental Purchasing. A le~’blower control initiative was placed on the November 1987 ballot, which would have prohibited the use of gasoline powered leaf blowers exceeding 70 decibels at 25 feet and would have required nsers of leaf blowers to get written-certification from the Police Department that the equipment was not able to produce noise levels in excess of 70.decibels. During the time prior to the election, it was estimated by representatives of both sides of the initiative that costs for homeowners and the City would increase by 20 to 30 percent. The initiative failed by 3,333 votes. Enforcement of Ordinance The Police Department has enforced the ordinance regarding the use of leaf blowers on a complaint basis for the last ll years. Calls received concerning leaf blowers are assigned to a police or community services officer for investigation. Response to these calls falls within the non-emergency response category and, depending upon other higher priority calls CMK:216:98 Page 2 of 8 for service at the time, the calls are normally handled within one hour of the receipt of the call. It is not uncommon for the users of the leaf blower to have left prior to the officer’s srrival. Oftentimes, ffthe user is present, they will reduce the power of the equipment once they see the officer arrive. While the current ordinance prohibits leaf blowers which produce noise levels in excess of 75 decibels, without testing each piece of equipment at full throttle with a sound meter it is not possible for the officer to det~wmine if they-are in violation. The majority of complaints associated with 1eaf blowers concern their use prior to the permitted hours of opea’afion. Very few complaints have been received about their use after the permitted time. Attachment A provides a listing of leaf blower complaints received by the Police Department from January 1, 1996 through December 31, 1997; providing the location of the complaint, and whether the officer was able to contact the alleged violator. For the first offense, a written warning is issued to the user. The officer completes a noise violation form and information is maintained by location, name of user, and the action taken. It is extremely rare to encounter repeat offenders.. During 1996, the Police Department responded to 123 leaf blower complaints; in 1997, the number increased to 145. It takes an average of about 30 minutes for an officer .to respond, investigate and document a leaf blower complaint. Sound Levels of Equipment The Police Department uses calibrated sound meters that meet the standards of the American National Standards Institute (ANSI) to measure decibel levels. It should be noted that ANSI ratings, that come with most leaf blowers are usually obtained by taking measurements in controlled settings and at 50 feet that sound meter readings taken under field conditions usually result in higher readings than the ANSI ratings. In 1987, few, if any, gasoline powered led’blowers produced noise levels below 70 decibels at 25 feet. Staff’has recently taken sound meter readings of various brands of gasoline and ele~ic leaf blowers, other commonly used garden equipment, and for comparison purposes, ambients of other areas. Attachment B provides a detailed listing of the results. Generally, most gasoline powered leaf blowers produce less noise than earlier models, but still have the capability of reaching the mid to high 80 decibel level. Electric leaf blowers tend to be slightly less noisy, but not significantly so. Manufacturers are finally beginning to design and distribute blowers with even lower noise emissions. As an example, the Echo 46LN model used by City workers has the capability of emitting only 65 decibels measured at 50 feet per the ANSI testing standards. In field tests, depending upon the ambient and other- factors, the equipment produces up to "13 decibels at 50 feet. As with other types of garden equipment, there are four noise sources asso~t with leaf blowers of any type, the engine, CMR:216:98 Page 3 of 8 air volume!flow (normally measured in cubic feet per minute), muffler and impeller.- According to information received from nmnufacturers, for the models that produce only 65 decibels the engine noise is about the same as the air volume noise. It i~ important to note because a logarithmic formula is used in calculating noise levels, a blower that produces 70 decibels is actually one-fourttt as loud as one that produces 90 decibels. A change of three decibels is barely noticeable to the human ear while a five decibel change is noticeable, but not dramatic. In researching the issue, staffleamed that the way blowers are altered or changed also affect noise levels. As an example, most blowers are equipped with removable tube segments. While it is presumably easier for the user to use just the short tube, there ig a reduction in noise levels when all the tube segments are attached. The detemfination Of whether a noise source is annoying is not solely determined by the decibel level. Other pieces of garden equipment .such as lawn mowers and weed trimmers .cau produce the same decibel levels, but are not as annoying due to difl’e~m, ces in tone, pitch, and/or duration of use. - ~ " Pollution Issues There are two pollution concerns associated with leaf blowers: gas emissions and dust/polle~. The United States Enviromental Protection Agency (EPA) has estimated that garden equipment accounts for five percent of the air pollution in the country. Exhaust emissions from these engines contain hydrocarbons, nitrogen oxides, carbon monoxide, carbon dioxide, and particulate matter. These emissions are ~e result of fuel and air.being mixed and burned to produce the power needed for the operation of the engine. According to the National Vehicle and Fuel Emissions Laboratory, evaporative emissions occur in several ways. The majority occur during refueling and sp’filage. These types of emissions are generally smaller compared to the hydrocarbon emissions. In an article from the Bay Air Quality Management District, it was noted that a gasoline powered leaf blower emits as much pollution hourly as a c, ar driven 100 miles, a lawn mower 50 miles, and a chain saw 200 miles. Because other gasoline powered garden equipment produces equivalent amounts of exhaust emissions, the EPA has sd .dressed all types of equipment and lass not singled out leaf blowers. In June 1995, the EPA finalized the first national regulations affecting small gasoline powered engines used in garden equipment. Phase i regulations became effective in 1997 and were expected to result in a 32 percent reduction in hydrocarbon emissions. Because the Phase 1 regulations affected all new garden equipment manufactured after August 1, 1996, the full impact has not yet been detemfined. Currently, the EPA is working with state ~1V~216:98 Page 4 of 8 and industry re~semtatives to structure Phase 2 standards that would result in an additional 30 percent reduction below the Phase 1levels. Staff is still in the process of attempting to gather information regarding dust pollution or paniculate matter created by leaf blowers. While it is clear that airborne dust panicles are factors in cardiopulmonary illnesses, little concrete information based upon scientific analysis associated with blowers has been found to date. The hupetus behind the City of Santa Monica’s ban was ~ related to the number of residents with immune deficiency diseases and the senior population with respiratory illnesses. Other Cities’ Experience Staffhas checked with other cities regarding thdr enforcement of leaf blowers. Most cities have ordinances similar to Palo Alto’s in that they attempt to control the use of leaf blowers by regulating certain decibel levels, hours of permitted use and distances from residential areas. Some cities have included such stringent distance requirements that the ordinance actually serves as a ban. Los Angeles~ as an example; prohibits gasoline leaf blowers within 500 feet of a residential zone. After passage of the Los Angeles ordinance in 1996, opponents went to court in an attempt to get the ordinance declared unconstitutional. Some cities have considered bans (e.g. Palm Springs) but have decided against them for various reasons. AI~ Santa Barbara’s City Council decided not to ban all leaf blowers, an initiative was placed on the ballot and was approved by the voters last November. However, a similar advisory ballot proposal was defeated in the City of Burbank. Attachment C shows those cities that have adopted ordinances that totally ban leaf blowers. The majority of those cities that have enacted a leaf’blower ban prohibit only the use of gasoline powered blowers; a few others have outlawed gasoline, electric and battery operated blowers. Enforcement is uSually done on a complaint basis and response is a low priority. Staffhas learned that in order to circmnvent the language of some bans, people have changed the type of fuel they use from gasoline to alternative fuels like methane. Because some blowers have the capability of also being used as vacuums, some users also circumvent leaf blower bans by using the vacuum capability to pick up leaves and debris. Staffhas also learned tha~ depending upon the size of the city, without an exemption for city crews, a decrease in the level of maintenance to city streets, parks, and facilities or an increase in costs resulted when a total ban occurs. Industry standards Published by the California Landscape Contractors’ Association and the National Parks and Recreation Association use a ratio of one hour of labor using a leaf blower to five hours of sweeping. Some cities have conducted their own time/motion studies and have concluded that production rates vary depending upon the amount/type of debris, weather conditions, type of surface, and the number of people occupying the area that is being cleaned. In 1997, the City of Santa Barbara estimated that a change from leaf blowers to sweeping/raking would CIviK:216:98 Page 5 of 8 increase costs to maintain its golf course, parks, downtown, and parking facilities by an estimated $445,000 per year and about $120,000 in one-time costs for the purchase of newer equipment. The City of’ Berkeley reported that by switching from leaf blowers to brooms, its park maintenance costs increased without receiving commensurate increases in its budgets, and the frequency, quality, and standards of maintenance have been reduced. Berkeley also reports a significant increase of wrist, elbow and back injury Workers’ Compensation cl~im¢ and retirements since it has switched to brooms. Several years ago, the City of Whittier completed an exhaustive time-in-use study that compared time and costs associated with alternatives to the use of leaf blowers. It concluded the following: Area covered is 168,989 square feet: Blower Broom Hose down 2.~ hours 282 hours 76 hours 18 hours COST $32.06 $4,018.50 $1,083.00 Walk behind vacuum $256.06 Pendin~ Le~slation On February 13, 1998, Senator Polanco introduced Senate Bill 1651. This bill was initially introduced with language that focused on gasoline powered.leaf blowers. It would require the State Department of Consumer Affairs to establish a testing and certification program by July I, 1999, that would govern permissible noise levels for leaf blowers and a trade-in program for those blowers that do not meet the specified standards. All leaf blowers sold after January I, 2000 would need tomeet a maximum noise level of 65 decibels at 50 feet. The bill would permit homeowners to use non~g blowers on their own property after January 1, 2000. Additionally, the bill would protn’bit local agencies from regulating the use of leaf blowers except between the hours of 6:00 p.m. and 8:00 am. on weekdays and 5:00 psn. and 9:00 am. on weekends. Staff conl~1~l Senator Polanco’s office and found out that the bill was introduced in reaction to the City of Los Angeles’ new ordinance that became effective on February 13, 1998. Senator Polanco believes that reasonable statewide regulation of leaf blowers represents public policy that is superior to the various conflicting local ordinances. In the analysis of the bill, Senator Polanco estimates that a commercial gardener’s costs would increase 20 to 40 percent. However, the Senator’s assistant indicated CMR:216:98 Page 6 of 8 that this estimate was based on antidotal information. The bill was not passed at the first hearing in the Senate’s Business and Professions Committee on April 13 due to the lack of the required number of Senators in attendance. At that time, the language-was amended to address leaf blowers in general without regard to power source. The amended bill was reconsidered on April 21 and ftmher amendments-were made. The most recent amendments include language that would require the State Department of Consumer Affairs to certify leaf blowers as meeting a specified maximum noise level based upon data provided by manufacturers. Additionally, the bill has been changed to allow local initiative measures which contained more stringent requirements on the hours or manner of use of leaf blowers to supersede the bill’s provisions. The bill failed passage in the first hearing of the Revenue and Taxation Committee, but will be reconsidered. Anticivated Additional StaffWork to be Comt~leted Prior to returning to Council with some options for consideration, staff will complete the research phase of the assignment With that information, meetings will be conducted with residents, gardeners, and other interested parties to obtain feedback on the issues and on the~ pros/cons of alternatives. Staff will then finalize options and return to Council. Staff anticipates the remaining work on the assignment to take about two to three months, depending upon the input received at the meetings with various groups. RESOURCE IMPACTS When staffretm’us to Council with options, cost estimates associated with each option will be provided based upon enforcement, as well as any resource impacts to City operations. ATTACHMENTS Attachment A: Attachment B: Attachment C: Two-Year Histo.ry of Leaf Blower Complaints Decibel Level Matrix of Garden Equipment Other Cities’ Leaf Blower Ordinance Matrix PREPARED BY:Don Harmett,Lientenant, Traffic Manager ¯ Lynne Johnson, Assistant Police Chief CMR:216:98 Page 7 of 8 REVIEWED BY:Chris Durkin, Poli~e Chief --- APPROVED BY: CMR:216:98 Page 8 of 8 ATTACHMENT A TWO-YEAR HISTORY OF LEAF BLOWER COMPLAINTS Date 12’31-97 12-31-97 12-30-97 12-28-97 12-28-97 12-28-97 12-24-97 12-24-97 12-17-97 12-14-97 12-6-97 12-4-97 12-4-97 12-4-97 12-3-97 12-1-97 11-28-97 11-28-97 11-27-97 11-26-97 11-25-97 11-24-97 Contact Made (CM) or Unable toLocate (UTL) CM CM CM CM CM CM CM CM Hundred Block of Possible Leaf Blower Violations 400 block of Forest 400 block of San Antonio 300 block of I-Iigh 600 block of Homer 700 block of Rosewood 2000 block of Channing 3600 block of E1 Camino Bryant @ Channing 400 block of Kipling 800 block of Middlefield 600 block of Homer 4100 block of Crosby Pl 100 block of Walter Hayes 2700 block of Middlefield 200 block of Waverley 700 block of Arastradero 4100 block of Crosby 900 block of Scott 600 block of Gilman Moana Ct 200 block of Grant 300 block of ~r 11-20-97 11-20-97 11-07-97 11-04-97 11-3-97 10-30-97 10-30-97 10-27-97 10-26-97 10-24-97 10-23-97 -10-20-97 10-17-97 10-15-97 10-08-97 10-6-97 10-3-97 9-30-97 9-30-97 9-08-97 9-25-97 9-24-97 9-24-97 9-23-97 9-22-97 9-19-97 9-18-97 600 block of Bryson 300 block of Forest 4100 block of Baker .. Birch @ C~om~ 400 block of Kipling Bryson @ Middlefield 00 block of University 400 block of Kipling 400 block of Lytton 1900 block of Wavarley Bryson @ Middlefidd. Sheridan @ F_.I Camino Scale @ Webster 3700 block of El Camino 2300 block of St. Francis 400 block of Kipling 3600 block of El Camino 900 block of Waverley 00 block of University " 400 block of Alma 500 block of Channing 9-200 block of St. Francis 3500 block of Laguna 400 block of Addison 2200 block of Yale 3000 block of Middlefield 2000 block of Oberlin 9-16-97 9-15-97 9-14-97 9-13-97 9-10-97 9-9-97 9-7-97 9-3-97 9-3-97 9-3-97 8-29-97 8-29-97 8-25-97 8-23-97 8-17-97 ¯ 8-13-97 8-8-97 8-1-97 8-1-97 7-29-97 7-27-97 7-27-97 7-22-97 7-17-97 7-16.-97 7-12-97 7-10-97 400 block of Lincoln 1500 block of Madposa 400 block of Guinda 1500 block of Escobita 2300 block of Webster g00 block of Los Robles 4000 block of Middlefield 500 block of Everett Ct Ruthven 100 block of Middlefield 1000 block of Forest 3200 block of Ramona Kipling ~ Lytton Curmer @ E1 Camino 500 block of Everett Ct Webster @ University 00 block of University 3500 block of G-reer Chm’elaill @ Bryant 300 block of Forest 100 block of El Camino 600 block of San Antonio 500 block of Charming 2000 block of Chining 700 block of Loma Verde 1400 block of Hamilton 300 block of Feme 7-9-97 7-7-97 7-7-97 7-6-97 7-5-97 7-4-97 6-27-97 6-27-97 6-25-97 6-24-97 6-21-97 6-19-97 6-18-97 6-16-97 6-12-97 6-10-97 6-6-97 6-5-97 6-4-97 6-2-97 6-1-97 CM CM unit canceled CM CM P0rtola ~,,,Sequoia .................... Torreya Ct CM 300 block of Lytton 100bI0ck of El Camino 1900 block of Waverley Forest @ Bryant 3300 block of Middlefield 400 block of Forest 4100 block ofPena Ct g00 block of Lytton 3300 block of Hillview Cowper @ Hamilton 700 block of Middlefield 900 block of Bryant 2000 block of Oberlin 900 block of Bryant 700 block of Colorado Byron 2000 block of Oberlin 1400 block of Bryant Forest @ criiman 5-30-97 5-24-97 5-24-97 5-21-97 5-16-97 5-15-97 CM CM CM CM CM 200 block of Edlee Forest @ Gilman 300 block of Cowper 1700 block of Middlefield 4100 block of Middlefield 800 block,,,,0f University 5-14-97 5-14-97 5-14-97 5-12-97 5-9-97 5-9-97 5-1-97 4-23-97 4-21-97 4..18-97 4-15-97 4-3-97 3-30-97 3-27-97 3-24-97 3-22-97 3-21-97 3-20-97 3-14-97 3-10-97 3 -g -97 3-7-97 3-3-97 3-3-97 3 -2-97 3-1-97 500 block of ArastraderoCM UTL CM UTL CM CM CM CM CM CM CM CM unit CM CM CM CM CM CM CM 3100 block of Bryant 300 block of Webster 2600 block of Marshall 300 block of Cowper 4200 block of Ruthelma Cdlman @ Fore 600 block of High 200 block of Addison 00 block of University 4200 block of Ruthelma 2000 block of Channing 600 block of Glenbrook 3300 block of Hillview 600 block of Gilman 2700 block of Middlefield 500 block of Hamilton 400 block of Forest Cowper @ Everett Park @ Edlee Guinda @ Homer 500 block of Hamilton 500 block of San Antonio Bryant @ Kellogg 300 block of Lytton 1600 block of El Camino 100 block of Cowper 3-1-97 2-27-97 2-21-97 2-18-97 2-14-97 2-13-97 1-27-97 1-25-97 lr21-97 1-14-97 1-10-97 1-27-97 1-14-97 I-9-97 1-7-97 12-26-96 12-22-96 12-6-96 UTL LrI’L CM CM CM CM CM CM CM CM UTL CM CM CM CM CM CM CM CM CM CM Hamilton @ Cowper 2000 block of Channing Hamilton @ Lincoln 4100 block of El Camino Louis @ Embarcadero Bryant @ Churchill 400 block of Alma Lincoln @ Webster Channing @ Webster Channing @ Cowper Columbia @ Stanford 400 block of Alma Channing @ Cowper Columbia @ Stanford Channing @ Cowper 300 block of Seale 400 block of Forest 3700 block of Wright 12-4-96 400 block of High 12-3-96 3800 block ob Magnolia 11-28-96 400 block of Coleridge 11-24-96 400 block of Hamilton 11-23-96 500 block of Hamilton 11-23-96 700 block of Channing 11-22-96 4100 block of Hubbart 11-20-96 700 block of San Antonio 11-14-96 Kingsley @ Webster 11-13-96 11-13-96 11-13-96 11-7-96 ¯ 10-31-96 10-25-96 10-24-96 10-24-96 10-16-96 10-12-96 10-11-96 10-11-96 10-9-96 10-9-96 10-9-96 10-7-96 10-6-96 10-5-96 10-3-96 10-2-96 10-1-96 9-27-96 9-26-96 9-26-96 9-23-96 9-21-96 9-19-96 CM CM CM CM CM CM CM UTL CM UTL CM UTL UTL CM UTL UTL CM CM CM CM CM CM CM CM CM (electric blower) Forest @ Gilman 4200 block of Pomona Ly~on @ Emerson 300 block of Seale 3200 block of Middlefield 4100 block of Sutherland 600 block of Glenbrook 3200 block of Middlefiel~ Forest @ Bryant Bryant @ Forest 700 block of Sutter 500 block of University Emerson @ Churchill University @ Cowper 400 block of High 200 block of Cowper 1100 block of Hmnilton 500 block of Hamilton Loma Verde@ Middlefield Forest @ CRtman 2200 block of Wellesley 400 block of Fernando 400 block of Fernando Hamilton @ CRlman 00 block of University Lot J 200 block of Alma 9-16-96 9-16-96 9-13-96 9-12-96 9-11-96 9-9-96 9-4-96 8-31-96 8-30-96 8-27-96 8-26-96 8-16-96 8-14-96 8-9-96 8-8-96 8-8-96 7-27-96 7-18-96 7-17-96 7-13-96 7-10-96 7-5-96 7-3-96 7-3 -96 6-30-96 6-30-96 6-24-96 CM UTL CM CM unfounded CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM Hawthorne @ Cowper 400 block of Fcraando Sheridan @ E1 Camino Middlefield @ Loma Verde 400 block of Fcrnando California @ Columbia 100 block of Heather Colorado @ Middlcficld 400 block of University 3800 block of Magnolia 400 block of Fcrnando Waverley @ Embarcadero 300 block of Bryant 200 block of High Ash @ Orant 400 block of Grant Oregon @ W. Bayshore 4100 block of Morals 300 block of University 800 block of Hansen 800 block of Hamilton 1900 block of Waverley 1100 block of Parkinson 800 block of San Antonio Hamilton @ Cowper 400 block of Hamilton 900 block of Matadero 6-22-96 6-14-96 6-3-96 5-31-96 5-30-96 5-23-96 5-23-96 5-22-96 5-19-96 5-17-96 5-16-96 5-14-96 5-13-96 5-13-96 5-8-96 5-8-96 5-’/-96 5-6-96 5-5-96 5-3 -96 5-3 -96 4-29-96 4-26-96 4-26-96 4-24-96 4-23 -96 4-22-96 CM UTL CM UTL unfounded UTL CM CM CM CM CM CM CM unit canceled CM unfounded CM CM CM CM CM CM CM 500 block Wellesley 700 block of Center @ California of San Antonio 500 block of Lowell I00 block of Emerson College @ Ash @ For=st 100 block of Heather 600 block of Wildwood Emerson @ University 500 block of Lincoln 400 block of San Antonio 200 block of University 1500 block of Page Mill Middlefield @ Homer 200 block of California 1900 block of Waverley University @ Tasso Alma @ Lytton 2000 block of Channing 1100 block of Greenwood University @ Cowper 600 block of Guinda 500 block of University North California University @ Alma "/00 block of Page Mill 4-17-96 4-16-96 4-11-96 4-1-96 4-1-96 3-28-96 3-25-96 3-19-96 3-14-96 3-12-96 3-12-96 2-29-96 2-26-96 2-22-96 2-14-96 2-10-96 2-9-96 1-25-96 1-22-96 1-12-96 !.1-10-96 1-10-96 1-8-96 I-6-96 1-6-96 1-6-96 I-5-96 1-5-96 UTL unit canceled UTL CM UTL CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM CM North California Forest @ Waverley Gilman @ Forest Stanford @ Bowdoin 500 block of University 3200 block o£ Crreer 1400 block of Bryant 400 block of Hamilton Everett @ Bryant 300 block of Forest 3600 block of E1 Camino Columbia @ Stanford 700 block of Guinda 2200 block of Park 2200 block of Park 300 block of Curtner 200 block of University Stanford @ Columbia 600 block of Channing 2000 block of Edgewood 2000 block of Bryant 400 block of Grant 400 block of Newell Castilleja @ Mh’amonte 1700 block of El Camino 1500 block of California 1900 block of Waverley 3300 block of Alma Company ATTACHMENT B DECIBF~ LEVEL MATRIX OF GARDEN EQUIPMENT Model Echo 388 Stihl 476 Echo 370 Company SO’ dBa rating PB400E le.af blower BR400 leaf’blower PB46LN leaf’blower PB46LN @ reduced power PB400E (with elbow robe removed) ~’BPJ20L leaf’blower BG75 hand held leaf’blower BE55 electric leaf’blower BE55 @ ½ power electric leaf’blower m~ leaf’rake on lawn steps HRC216HXA lawn mower HRC216HXA with blade off" electric lawn mower T260 line trimmer GX22 line trimmer old ele~ic line trimmer CS3400 chain saw (small) 50’ field test 25’ field test !757 65 n/a n!a 69 69 65 3’ fidd test 91-104 90-100 89-95 71-78 72-77 70-73 60-64 73 -79 72-75 62-72 66-68 62-65 61-63 58-60 68 Echo 85-88 Echo 91-104 ¯ Stihl 382 88-98 Stihl 377 88-96 Stihl 362.89 Sfihl 85 Roybi 79-84 82-84 73-78 s-72 79-84 78-80 73 -78 73 -77 70-73. 68-73 63-70 81 72 7O 77-79 77-80 67-70 81-88 Honda Honda Blk-Decker Honda Sears Echo 75-82 93 62 86 62-63 81-84 72-76 94-98 " 71-74 92-97 60-61 80 75-82 99-106 Miscellaneous Noise Source Loud dog barking at approximately 35 feet Voices during city staff meeting City Hall plaza at lunch time Train arriving at University Ave station measured at 25 feet Car going by on quiet residential street measured at 25 feet Vehicle traffic at Alma & Churchill during heavy traffic Car with bad muffler at Alma & Churchill dBa’$ 78-80 55-65 58-65 85-92 Inside a quiet house From porch of above house Back porch of above house (some freeway noise and wind in trees) 65 62-76 81 42 43 49 CFM is the cubic feet per minute of air produced by a led’blower. All measurements were rounded down to the n~arest whole number. Field tests were conducted under circu~ces that an officer would likely encounter, but do not meet the ANSI testing standards which require the use of a sound room or stadium. All of the reded equipment is gasoline operated, unless otherwise noted. Sound measurements of garden equipment varied based on the four 90 degree turns made by the operator. TO: City of Palo Alto City Manager’s Report FROM: CITY MANAGER AGENDA DATE: AUGUST 10, 1998 CMR:341:98 POLICE SUBJECT: LEAF BLOWER ASSIGNMENT- SECOND STATUS REPORT REPORT IN BRIEF In response to a Council assignment to identify and evaluate options for addressing leaf blower noise and environmenl~l issues, staff has continued to conduct research, contacted additional cities that have implemented blower bans, and has held some community otm’each meetings to receive input on the options. This report provides an update on the research, includes information re~ved from gardmen and community members about their ,on~ems, ideas and suggestions, and status report on pending legislation. Staff will remm to Council soon after Council’s vacation with specific recommendations. CMtt:341:98 ..............................................Page 1 Of ~ This is an informational report and no Cotmcil action is required. BACKGROUND This report provides additional information on the Council assignment to evaluate options for addressing leafblower noise, to review environmental issues, and to get commu~ty input on potential impact associated with options. Specifically, this report includes updated information on pending legislation, experiences of additional cities that have banned blowers, and the process used and opinions obtained from the community. Staff anticipates agendizing the item for discussion and action at the Policy and Services Committee meeting of October 6. Due to the interest level on this issue, staff will include the third staff report in the Council packet soon after the Council returas from vacation in order to allow for wider and timely distribution. DISCUSSION Other Cities’ Experienc~ Staff has conferred with several other cities regarding their enforcement of leaf blowers. Contact was made with the Cities of Piedmont, Lawndale and Del Mar. The City of Piedmont implemented a ban on fuel-powered leaf blowers in 1990. One problem it has encountered is that gardeners use gas-powered generators forthe electric blowers that are as loud and create as many pollution problems as leaf blowers. Del Mar adopted its ordinance banning portable, gasoline-engine blowers in 1989. Its ordinance is enforced by code enforcement personnel and they respond to 15-25 complaints a month. Lawndale just enacted its ordinance one year ago. They allow homeowners and gardeners- with a business license to operate electric blowers. Its code.enforcement officers enforce the ordinance and respond to about six complaints a week. Due to the fact that over half of the cities thin have banned leaf blowers are much smaller than Palo Alto and as a result usually do not have large commercial and industrial areas, numerous city facilities/properties or vibrant downtowns, staff has contacted some of the larger cities to determine how they deal with the cleanliness issues in these areas without leaf blowers. CMR:341:98 .................Page 2 of 7 Since ~dopting its ordinance, the City of Los Angeles has .received so many complaints that it is in the process of adopting another ordinance that would give its code enforcement pea’sonnel enforcement authority, as significant police officer time has been spent in dealing with the number of complaints. The City of Los Angeles has also allocated $1 million to its Depatmmnt of Water and Power to develop a battery-operated prototype leaf blower that is quieter and as powerful as gas-powered blowers. Became city workers use brooms, many meas of the city are not lean~ as ox°mx Due to its concern about the cleanliness of surfaces such as tetmis, baskethall, and volleyball corms, additional efforts are made to keep them- clean to eusttre safety and to protect the city from increased’liability claims. The City of West Hollywood has used general relief workers who are on unemployment and welfare to perform some of the extra manual labor that was needed when ~ts ordinance became effe~ive in 1984. The cleaning of the fity’s large parking lots is contracted out and the associated costs have increased, but a~tual figures were not available. In response to the City of Menlo Park’s ban, a petition drive to put the issue to the vote of the people was successful and it will be included on the November 1998 ballot. The San Mateo County Board of Supervisors recently adopted a resolution that prohibits use of any polluting garden and utility equipment by any County department or independent contractors working for the County on"Spare the Air Days" or other days that the Bay Area Air Quality District requests the public refrain from engaging in polluting activities. Attachment A provides an updated list of cities that have banned leaf blowers. Pending Le~slatiol~ Senate Bill 1651, that Senator Polanco inuoduced in February 1998, died in the Senate Appropriations Committee due to the language that required the State Department of Consumer Affairs to provide for certification of blowers. However, Senator Polanco has amended Senate Bill 14, which Originally dealt with jury service, and substituted leaf blower language in this bill. Senate Bill 14 had already passed the Senate with its original language and is currently pending in the Assembly. If passed, SB 14 would: prohibit cities from establishing noise limitations on leaf blowers emitting noise levels of 65 decibels or less at 50f .eet; prohibit cities from regulating leaf blowers except between 6:00 p.m.and 8:00 a.m. on weekdays and 5:00 p.m. and 9:00 am. on weekends; allow cities to regulate the manner and use of leaf blowers used to blow debris into sidewalks or gutters; require leaf blowers used commercially after January 1, 2000 to be tested and certified by an independent testing facility; and allow cities to adopt more sta4.ngent requirements~ on the hours or manner leaf blowers may be used only through a ballot initiative approved by the majority of the voters. Staff will continue to track this legislation. CIVIR:341:98 Page 3 of 7 Staff has received information regarding associated pollution issues from the California Environmental Protection Agency Air Resources Board (CEPARB), the Environmental Protection Agency (EPA), the Bay Area Air Quality Management District, the Sacramento Metropolitan Air Quality Management District, and the South Coast Air Quality .Management Distric~ The EPA initially adopmd Tier I emission standards for utility engines (engines used in lawn and garden equipment) in 1990 that were to have became effective in 1992. However, due to a petition filed by the utility engine industry, the implementation of the standards did not begin until 1995. Tier II standar& were originally scheduled to become effective in 1999; the implementation of those standards.has been delayed until 2000. Under the Tier II regulations, the emissions of hand-held equipment will be reduced by about 70 percent from the 1995 standards. Attachment B details the difference in standards between the 1995 and 2000 regulations. ~s developed by the CEPARB some years ago revealed that the amount of particulate matter that is emitted from a leaf blower is equivalent to the surface dust that might be caused by the wind blowing on a paved road or about five pounds an hour per leaf blower. They also noted that leaf blowers are frequently used to clear paved areas such as driveways, parking lots, etc., and thus become "dim" blowers. In a 1991 report, the CEPARB concluded that particulate matter can cause serious health problems, especially pulmonary and respiratory problems. The California particulate matter standard that was adopted in 1982 is 50 micrograms per cubic meter in a 24-hour period. The national 24-hour standard, adopted in 1987 (EPA is currently revising), is 150 micrograms per cubic meter, not to be exceeded more than once per year averaged over three years. While most particulate matter is emitted from motor vehicles, off-road engines or engines used for lawn and garden equipment, including leaf blowers, are responsible for a certain’portion of this pollution. However, the EPA and CEPARB do not single out leaf blowers as offenders,but include all fuel-powered lawn and garden equipment such as mowers, chain saws, edge Izimmers, etc. EPAdocuments acknowledge that hand-held equipment is primarily powered by two-stroke engines because, unlike a four-stroke design, two-stroke engines have more operational capability and are significantly lighter than four=stroke engines. Two-stroke engines, however, emit higher levels of hydrocarbons, carbon monoxide, and particle matter. The EPA has also recognized the industry’s progress towards lowering emission levels is ."significant" and is being accomplished through relatively simple engine modifications. As a result, the CEPARB concludes that the industry is on schedule with its research and development efforts that will bring them into compliance with the Tier II standards. CMR:341:98 Page 4 of’7 Communi _ty Outreach/Re~onse After receiving considerable information from other cities and based upon staff research, seven options were presented as a basis for the community outreach meetings: 2. 3. 4. A ban on all types of leaf blowers. A ban only on fuel-powered leaf blowers. A ban on the use of leaf blowers except in industrial parks and commercial areas. Further restrictions on the hours of the day and days of the week they are currently allowed. An ordinance permitting the use of leaf blowers that are certified that-they caxlnot be operated at higher than 65 decibels at 50 feet and that are permitted by the City for use in Palo Alto. An ordinance allowing leaf blowers to be used only by private citizens on their own property. ¯No changes to the current ordinance. At each of the meetings smffhas conducted with the various interested groups, feedback on the issues and the pros/cons of options have been obtained. Some additional ideas that were presented at the meetings include: The use of leaf blowers on "Spare the Air Days." Divide the City into districts and allowing leaf blowers to be used in districts on certain days of the week. Conduct more educational outa’each to leaf blower users on’proper use. Regulate leaf blower use based upon duration of time used (e.g., 15 minutes in an hour). Use mediation to settle issues between users/complainants. Staff has met with" representatives from Echo Corporation, the largest manufacturer of commercial leaf blowers in the Country. Additionally, "reformation from other manufacturers has been collected. On ffune 10, staff held a meeting that was attended primarily by gardeners and landscapers. Twenty-one people attended that meeting. The first generalI commtmity meeting was held on June 17. Community members were notified of this meeting in several ways. Letters were sent to each neighborhood association and to over 70 people who had voiced opinions via letter, e-mail, telephone or oral communications at Council meetings. A notice was included in the City’s Web page and a press release was issue& Twenty-six people attended this meeting. Another community meeting was held on July 15. Staff especially invited residents and business owners who hired gardeners who used leaf blowers, as this was one segment of the community that staffhad not heard from. CMR:341:98 Page 5 of 7 Twenty people attended this meeting~ seven of whom had attended one of the previous me~dngs. A~tachment C provides the unedited responses received m each of the meetings. The opinions and perspeu’fiv~s about the u~e of le~ blowe~ ~d ~e appropriate co~e of ~ ~ ~ ~& &~ ~ ~. Some people ~ve ve~ s~ong fee~ ~t ~e o~y ~ve is w to~y b~ l~blow~ due to ~e noise md poHu~on issues. ~emhave ~ong fee~ ~at blow~ ~e a necess~ ~d to help keep ~e co~~ clem. ~ere is gene~ ~~m ~t w~v~ ~afio~op~on h selecte~ it nee& to be e~ to ~d~d ~d ~o~, ~d ~ ~e CiW ~o~d a~ to ~e s~e ~afio~ ~ homeo~, g~d~en or b~esses. Additional Staff Work to be Comn]eted Staff’is ~g the res~ phase of the ~ssignment and in the process of" determining cost impacts to the City for the various options. Additionally, using ~II the information obtained from the community outreach, staff will develop recommendations for Council consideration. In order to provide a wide and timely distribution of the staff report containing recommendations to interested community members, staff will agendize the item for referral to the Policy and Services Committee once the. Council returns fi’om vacation and agendiz~ the discussion at the Policy and services Committee meeting on October 6. RESOURCE IMPACTS Staff" is still in the process of estimating costs associated with the options. A’I~I’ACHMENWS Attachment A - Revised List of Cities Who Have Banned Leaf Blowers Attachment B- EPA’s Hand-Held Equipment Emissions Standards Attachment C - Unedited Responses From Community Meetings PREPARED BY:Lymue Jolmson~ Assistant Police Chief CMR.:341’198 ..................Page 6 of REVIE~VED BY: APPROVED BY: CMR:341:98 Page 7 of 7 ATTACHMENT B EPA’s BAND-HELD EQUIPMENT EMISSIONS STANDARDS Year Displacement HC CO NOx PM 1995-98 Less than 20 4.0g/bhp-hr Ida 20o: - less than 50o:4.0 Ida 50o: and greater 4.0 n/a 2000 All 4.0 .25 220g/bhp-hr 120 50 6o0g/bhp-hr 600 3O0 130 HC- Hydrocarbons CO - Carbon Monoxide NOx- Oxides of Ni~’ogen PM - Particulate Matter g/bhp-hr - grams per brake-horsepower-hou~ AI’I’ACHMENT C Leaf Blower ODtions - Gardener’s Meetino_ June 10. 1998 Complete ban on ell leaf blowers. Pro~: None given ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ would take more time to do the work increase costs to customer/City vacuums won’t work (corners) no economic equivalent quality of work suffers aesthetic degradation increase in repetitive motion injuries raking disturbs top soil; causes soil erosion arbitrariness: doesn’t take into account needs of all parties; quality of life for everyone precludes advancement of technology to resolve noise issues ¯newer equipment is much quieter ¯more homeowners can have a beautiful garden with use of blowers ¯increase in request/use of gardeners - seniors ¯clients opted for less services when prices would increase ¯3rd party intervention is the problem - should be between client and gardener .OgIJgJl.~: Ban on only fuel powered leaf blowers. Pros: None given in 1.5 years, everything we knowabout 2 stroke engines will change doesn’t take into account new generation of technology generators aren’t GFi equipped - result - safety issues electric blowers designed for homeowners use commercial use - only 2 months double noise issue - blower and generator requires 2 people - one to handle cords and one to use blower trip hazards created by cords (electric blowers) pollution still occurs - uses power electric shock problem lack of access to plugs can be just as loud ¯hatchet approach Allow leaf blower use only in industrial parks or commercial areas. Pros: None given ¯ ¯ O some types of commercial areas require quiet mixed use becomesan issue double-equipment needed for gardeners commercial enforcement could be an issue who do both residential and Further restrict the hours of the day and days of week leaf blowers may be operated. (e.g. 10 a.m.-4 p.m., Monday-Friday) Pros: better than ban when tube requirement added, this solves the complaint problem (San Mateo) would beat peak hours for commercial some clients prefer work done on weekend gardeners need to work eight hours ¯use on Saturdays ¯use on Sundays isn’t significant; they do work holidays Allow leaf blowers that cannot be op.erated at higher than 65 decibels as certified by manufacturer at 50 feet and require permits issued by the City.. Hilisborough uses this would assist in recovery/identification of stolen blowers would eliminate use of older units easy to enforce training could be mandatory would help drive technology ¯some people might not maintain their equipment ¯65 dba now, few years 60 dba ¯companies (responsible) put down safe mulch ¯more particulate matter disturbed by vehicles Allow use of leaf blowers only by private citizens for use on their own property. Gardeners could sell their old blowers ¯ ¯ ¯ problem for gardeners most people in Palo Alto have gardeners discriminates between homeowners would tend to be noisier - older equipment - 1 week 15 minute use compared . commercial use noise level could go up if more homeowners used, especially Sundays ~: No change to current ordinance. ¯ ¯ ¯ ¯ Hillsborough uses this would assist in recovery/identification of stolen blowers would eliminate use of older units easy to enforce training could be mandatory would help drive technology ¯ ¯ ¯ manufacturers won’t be inclined to solve problem hard to enforce continued levels of complaint ¯ doesn’t resolve issue if state passes legislation, current ordinance couldn’t be used Other Ideas divide City into districts - only allow use on certain days in certain districts to coincide with garbage pick up days ¯ General Comments ¯would assist in education; some commercial clients have offered to provide space ¯63% gardeners 2-5 employees; 21% gardeners 5-10 employees; 5.3% gardeners’25 + employees ¯they are willing to .work with City ¯key is training on operation of blowers ¯taking leaf blower away from trade is equivalent to prohibit electric vacuums in house cleaning ¯weather causes back-ups ¯people see constant blower use all day long ¯would rather work .with reasonable restrictions than not work at all ¯example: MP ban - he raised rates - lost 11 clients; these clients hired others who do less quality work; 15-30% increase in fees - another lost 7 clients ¯vacuums also disturb air - dust brooms kick up dust dust/particles accumulate without blowers - becomes issue with wind force manufacturers to give training 50-60% belong to organization; is increasing multi-language handouts for training Brands of Leaf Blowers ¯Echo - newer models are heavier ¯Stihl- 320L ¯Red Max ¯Astron ¯Shindawa Leaf Blower o_otions - Community Meetino June 17. 1998 Complete ban on all leaf blowers. ¯ ¯ ¯ ¯ ¯ ¯ ¯ annoyance to bicyclists as debris blown into streets budget only option that addresses problem of pushing debris from one place to another 20 other cities have a ban - no cost increases easy to understand easy to enforce removes noise, pollution issues associated with blowers - addresses health problems would put pressure on industry (garden equipment, not just blowers) ¯ ¯ ¯ ¯ ¯ ¯ unless PA bans them like other adjacent cities; PA will become e mecca for blower use only totally pollution-free option blowing removes valuable topsoil/mulch ~ alternatives provide more exercise, more jobs less risk to gardeners more fair as neighbors aren’t disturbed have proven effective in other communities ¯ ¯ ¯ ¯ ¯ would remove a useful tool from gardeners all tools have a cost associated with them people on limited income would have a hard time affording gardener service is arbit.rary singles out one tool ¯2 stroke engines the problem Ban on only fuel powered leaf blowers. ¯ ¯ ¯ ¯ possibly quieter good compromise, better than no ban at all reduced fuel emissions have proven effective in other communities best electric blowers are cheaper than gas powered ¯ ¯ ¯ ¯ ¯ ¯ ¯ dust still gets blown around electric blowers can be just as noisy still removing organic topsoil generator noise can be very loud still have impeller that creates noise shock hazard in wet areas still could be hard to enforce as people can’t differentiate between noise of gas vs electric ¯takes less time with gas powered so noise isn’t heard for as much time ¯if you water surface prior to blowing, only leaves get blown ¯battery powered electric broom is quieter Allow lea~ blower use only in industrial parks or commercial areas. Pros: None given ¯ ¯ ¯ ¯ ¯ discriminatory based upon areas mixed use, people live in commercial areas even workers deserve peace and quiet noise could result .in loss of worker productivity often encourages use in verY early or late hours Further restrict the hours of the day and days of week leaf blowers may be operated (e;g., 10 a.m.- 4 p.m., Monday-Friday). Pros: None given ¯ ¯ ¯ ¯ ¯ ¯ unenforceable stiil impacts sleeping babies, people who work at home, seniors, ill people would concentrate emissions/noise into shorter periods - more harmful still have noise, pollution unfair to those at home would be unfair to residents who do their own work on weekends Allow leaf blowers that cannot be operated at higher than 65 decibels as certified by manufacturer at 50 feet end require permits issued by the City. based on noise standard, not on single piece of equipment could provide an educational component (could track # of complaints to revoke if too many) certification by manufacturer is like fox guarding hen house noise level still too high some lots only 50’ wide still takes time to enforce ¯ hard to measure leaf blower annoyance in decibels - pitch the issue cost of administration, issuance of permits dust pollution still a problem not a good use of police resources Allow use of leaf blowers only by private citizens for use on their own property. would result in overall less leaf blower use unenforceable - proof of ownership still creates noise, dust, emission problems could result in neighbor conflicts could put some gardeners out of work ~llJgILt~: No change to current ordinance. None given ¯ ¯ ¯ ¯ ¯ use all comments from other options police officers don’t always have noise meters would cause more irritation would make it difficult to deal with other noise issues has loophole of alternate fuels ¯begs question on how it is enforced ¯ordinance might not be the problem, but enforcement of it Other Ideas San Mateo County county operated equipment not allowed to use on "spare the air" days adopted purchasing guidelines Bo covers county contractors Educational outreach needed Mediation could be an option Regulate by duration of noise (time used - e.g~, 15 min in an hour) General Comments: ¯ ¯needs to be evaluated in context of all noise, e.g., Caltrain, highway ¯would like to see the complaints info mapped - may not be e I~roblem in all neighborhoods ¯decisions shouldn’t be based just on the # of complaints - some people don’t complain ¯ask the question - what are leaf blowers trying to do ¯current ordinance hard to enforce ¯ ¯gardeners who don’t use leaf blowers are efficient and effective ¯if Council bans blowers for residents, should ban for City use ¯people who use blowers (City workers in parks) wearing hearing protection ¯noise harmful to especially children ¯pOlice enforce all sorts of bans, illegal activity ¯use of police to enforce noise not a good use ¯responsibility should be on homeowners who hire gardeners who use leaf blowers ¯LA green card - English and Spanish ¯use water instead ¯people can chose to pay more or-have reduced level of cleaning Leaf Blower Meeting - July 15, 1998 J~glkZO_.~: Complete ban on eli leaf blowers. ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ o More gardeners would be needed so more gardeners would be employed. Conflicts with .peacefulness associated with "gardens." Is enforceable. Promotes clean/healthy air. More peaceful community. Protects gardeners. Improves quality of life, Helps people who work at home; noise ar’fects productivity. Two cycle engines add to global warming. in downtown areas, businesses get dirty, cars get dirty with dust blown up. Experience of cities who have banned no increased rates/less pollution.- Used to clean sidewalks, lots, not just yards. Increases liability for land owner. Ban in commercial areas would increase maintenance costs, cost to land~ owners/tenants; rents would increase. May result in lawsuits to City by employees due to injuries. Commercial properties would be impacted more as they have larger problem. People working at home who object .could lead to cost increases for everyone. Blowers help to get rid of dust and have it carried away by gardeners. D.I;Zlig1L2: Ban on only fuel-powered leaf blowers. Would eliminate gas emissions. Makes a hum, not a screech; more palatable. Cost to gardeners is less for ecluipmentlmaintenance. Air pollution still a problem healthwise. Top soil disturbed in yards. ¯ ¯ ¯ ¯ ¯ Electric blowers can be louder or as loud. Pollution created through use of electricity. Risks when used around pools, water, tripping. Re~iuires two people to work cord and blower. Hazard on larger properties with extension cords; some homes don’t have electrical outlets. GeneratQrs are noisy (used for electric). Units used by gardeners are just as costly as fuel powered. J~tJgJ:~: Allow leaf blower use only in industrial parks or commercial areas. Would allow for cost-effective cleaning of large areas. For commercial properties, they are economic necessity. ¯ ¯ ¯ ¯ ¯ ¯ -o ¯ Not fair to adjacent residential neighborhoods. People in businesses need quiet too. Puts out even more air pollution. Harm to user of equipment. Issue of mixed use would pose a problem. People on fixed incomes may not be able to afford gardeners. Increased costs for some users. Hard to enforce. Further restrict the hours of the day and days of week leaf blowers may be operated (e.g., 10 a;m. to 4 p.m., Monday through Friday}. Alternative:Prohibit Saturday-Sunday-Federal holidays for commercial use. Should apply to the City of Palo Alto. Better than complete ban. Nurses, police officers sleep during the day - would help them. Unfair to people who work at home. Still hard to enforce. Increased costs due to decrease in working hours without any real benefit. Unfair to everyone at home - more people work at home, Most complaints come in early in the morning. Allow leaf blowers that cannot be operated at higher than 65 decibels at 50 feet and require permits issued by the City. ¯ There are different skill levels for gardeners. Some don’t know how to properly use, Education component would change this, Would keep prices down. Easier to enforce as only a few blowers would qualify. ¯Not workable - people will ignore. Allow use of leaf blowers only by private citizens for use on their own property. ~.rJ~: None given Unfair - neighbor might have old noisy blower. Unrealistic as many residents hire gardeners. No change to current ordinance. No change would be simple. Vast majority of residents don’t complain. All cons from other options. Not working now. Other Ideas A.Divide city into,zones - use 0nly one day in a zone. ¯Coincide with trash pick up. Scheduling difficulty for gardeners People who live on border of zones would get two days a week. B.License all gardeners beyond business license (state or local). Would have educational requirements; require certain number of hours of schooling and- mandate membership in professional association. Would raise competence level of gardeners. Would need to be a state license so gardeners don’t have to h~ve multiple licenses. Not practical. " Difficult for independents. General Comments ¯Alternatives to leaf blower could also have some air pollution problems. ¯We don’t know how much particulate matter is stirred up in air in Palo Alto with blowers. ¯No one talks about banning lawn mowers and they make just as much noise. ¯Some places in town have different levels of use - 20 times in 5-day period. ¯Mixed use in City would be hard to differentiate between residential/commercial. Not used just for leaves. Tighter hours, more stringent limits, stronger enforcement would help. Each option should be reviewed closely on enforceability. Enforcement should not pit neighbor against neighbor. Gardeners should be paid more if they don’t use blowers. Study needs to be done to see difference in air pollution between fuel/electric -powered. ¯When compared to trucks, planes, cars, leaf blowers not a real issue. ¯Blowers help to keep city beautiful, ¯ ¯ ¯ ¯ ¯ Beauty disturbed. Abuses should be handled by neighbors/gardeners association. OSHA requires respirators/hearing protection for users. Consideration for other people must be considered. There are different skill levels of users. Leaf blower has been singled out to be banned - there must be a reason. Leaf blowers benefit the few at the expense of many. TO: City of Palo Alto City Manager’s Report HONORABL£ city COUNCIL FROM:CITY MANAGER DEPARTMENT: POLICE AGENDA DATE: AUGUST 10, 1998 CMR:341:98 SUBJECT: LEAF BLOWER ASSIGNMENT -SECOND STATUS REPORT REPORT IN BRI!~F In response to a Council assignment to identify and evaluate options for addressing leaf blower noise and environmental issues, staff has continued to conduct research, contacted additional cities that have implemented blower bans, and has held some community outreach meetings to receive input on the options. This report provides an update on the research, includes information received from gardeners and community members about their concerns, ideas and suggestions, and status report on pending legislation. Staff will return to Council soon after Council’s vacation with specific recommendations. CMK:341:98 Page 1 of 7 This is an informational report and no Council action is required. BACKGROUND This report provides additional information on the Council~assignment to evaluate options for addressing leaf blower noise, to review environmental issues, and to get community input on potential impact associated with options. Specifically, this report includes updated information on pending legislation, experiences of additional cities that have banned blowers, and the process used and opinions obtained from the community. Staff anticipates agendizing the item for discussion and action at the Policy and Services Committee meeting of October 6. Due to the interest level on this issue, staffwill include the third staff report in the Council packet soon after the Council returns from vacation in order to allow for wider and timely distribution. Other Cities’ Experience Staff has conferred with several other cities regarding their enforcement of leaf blowers. Contact was made with the Cities of Piedmont, Lawndale and Del Mar. The City of Piedmont implemented a ban on fuel-powered leaf blowers in 1990. One problem it has encountered is that gardeners use gas-powered generators for the electric blowers that are as loud and create as many pollution problems as leaf blowers. Del Mar adopted its ordinance banning portable, gasoline-engine blowers in 1989. Its ordinance is enforced by code enforcement personnel and they respond to 15-25 complaints a month. Lawndale just enacted its ordinance one year ago. They allow homeowners and gardeners with a business license to operate electric blowers. Its code enforcement officers enforce the ordinance and respond to about six complaints a week. Due to the fact that over half of the cities that have banned leaf blowers are much smaller than Palo Alto and as a result usually do not have large commercial and industrial areas, numerous city facilities/properties or vibrant downtowns, staff has contacted some of the larger cities to determine how they deal with the cleanliness issues in these areas without leaf blowers. CMR:341:98 Page 2 of 7 Since adopting its ordinance, the City of Los Angeles.has received so many complaints that it is in the process of adopting another ordinance that would give its code enforcement personnel enforcement authority, as significant police officer time has been spent in dealing with the number of complaints. The City of Los Angeles has also allocated $1 million to its Department of Water and Power to develop a battery-operated prototype leaf blower that is quieter and as powerful as gas-powered blowers. Because City workers use brooms, many areas of the city are not cleaned as often. Due to its concern about the cleanliness of surfaces such as tennis, basketball, and volleyball courts, additional efforts are made to keep them clean to ensure safety and to protect the city from increasedliability claims. The City of West Hollywood has used general relief workers who are on unemployment and welfare to perform some of the extra manual labor that was needed when its ordinance became effective in 1984. The cleaning of the city’s large parking lots is contracted out and the associated costs have increased, but actual figures were not available. In response to the City of Menlo Park’s ban, a petition drive to put the issue to the vote of the people was successful and it will be included on the November 1998 ballot. The San Mateo County Board of Supervisors recently adopted a resolution that prohibits use of any polluting garden and utility equipment by any County department or independent contractors working for the County on "Spare the Air Days" or other days that the Bay Area Air Quality District requests the public refrain from engaging in polluting activities. Attachment A provides an updated list of cities that have banned leaf blowers. Pending Legislation Senate Bill 1651, that Senator Polanco introduced in February 1998, died in the Senate Appropriations Committee due to the language that required the State Department of Consumer Affairs to provide for certification of blowers. However, Senator Polanco has amended Senate Bill 14, which originally dealt with jury service, and substituted leaf blower language in this bill. Senate Bill 14 had already passed the Senate with its original language and is currently pending in the Assembly. If passed, SB 14 would: prohibit cities from establishing noise limitations on leaf blowers emitting noise levels of 65 decibels or less at 50 feet; prohibit cities from regulating leaf blowers except between 6:00 p.m. and 8:00 a.m. on weekdays and 5:00 p.m. and 9:00 a.m. on weekends; allow cities to regulate the manner and use of leaf blowers used to blow debris into sidewalks or gutters; require leaf blowers used commercially after January 1, 2000 to be tested and certified by an independent testing facility; and allow cities to adopt more stringent requirements on the hours or manner leaf blowers may be used only through a ballot initiative approved by the majority of the voters. Staff will continue to track this legislation. CMR:341:98 Page 3 of 7 pollution Issues Staff has received information regarding associated pollution issues from the California Environmental Protection Agency Air Resources Board (CEPARB), the Environmental Protection Agency (EPA), the Bay Area Air Quality Management District, the Sacramento Metropolitan Air Quality Management District, and the South Coast Air Quality Management District. The EPA initially adopted Tier I emission standards for utility engines (engines used in lawn and garden equipment) in 1990 that were to have became effective in 1992. However, due to a petition filed by the utility engine industry, the implementation of the stand_ards did not begin until 1995. Tier II standards were originally scheduled to become effective in 1999; the implementation of those standards.has been delayed until 2000. Under the Tier II regulations, the emissions of hand-held equipment will be reduced by about 70 percent from the 1995 standards. Attachment B details the difference in standards between the 1995 and 2000 regulations. Estimates developed by the CEPARB some years ago revealed that the amount of particulate matter that is emitted from a leaf blower is equivalent to the surface dust that might be caused by the wind blowing on a paved road or about five pounds an hour per leaf blower. They also noted that leaf blowers are frequently used to clear paved areas such as driveways, parking lots, etc., and thus become "dust" blowers. In a 1991 report, the CEPARB concluded that particulate matter can cause serious health problems, especially pulmonary and respiratory problems. The California particulate matter standard that was adopted in 1982 is 50 micrograms per cubic meter in a 24-hour period. The national 24-hour standard, adopted in 1987 (EPA is currently revising), is 150 micrograms per cubic meter, not to be exceeded more than once per year averaged over three years. While most particulate matter is emitted from motor vehicles, off-road engines or engines used for lawn and garden equipment, including leaf blowers, are responsible for a certainportion of this pollution. However, the EPA and CEPARB do not single out leaf blowers as offenders, but include all fuel-powered lawn and garden equipment such as mowers, chain saws, edge trimmers, etc. EPA documents acknowledge that hand-held equipment is primarily powered by two-stroke engines because, unlike a four-stroke design, two-stroke engines have more operational capability and are significantly lighter than four-stroke engines. Two-stroke engines, however, emit higher levels of hydrocarbons, carbon monoxide, and particle matter. The EPA has also recognized the industry’s progress towards lowering emission levels is "significant" and is being accomplished through relatively simple engine modifications. As a result, the CEPARB concludes that the industry is on schedule with its research and ¯ development efforts that will bring them into compliance with the Tier II standards. CMR:341:98 Page 4 of 7 Communi _v¢ Outreach/Response After receiving considerable information from other .cities and based upon staff research, seven options were presented as a basis for the community outreach meetings: A ban on all types of leaf blowers. A ban only on fuel-powered leaf blowers. A ban on the use of leaf blowers except in industrial parks and commercial areas. Further restrictions on the hours of the day and days of the week they are currently allowed. An ordinance permitting the use of leaf blowers that are certified that they cannot be operated at higher than 65 decibels at 50 feet and that are permitted by the City for use in Palo Alto. An ordinance allowing leaf blowers to be used only by private citizens on their own property. No changes to the current ordinance. At each of the meetings staffhas conducted with the various interested groups, feedback on the issues and the pros/cons of options have been obtained. Some additional ideas that were presented at the meetings include: The use of leaf blowers on "Spare the Air Days." Divide the City into districts and allowing leaf blowers to be used in districts on certain days of the week. Conduct more educational outreach to leaf blower users on proper use. Regulate leaf blower use based upon duration of time used (e.g., 15 minutes in an hour). Use mediation to settle issues between users/complainants. Staff has met with representatives from Echo Corporation, the largest manufacturer of commercial leaf blowers in the Country. Additionally, information from other manufacturers has been collected. On June 10, staff held a meeting that was attended primarily by gardeners and landscapers. Twenty-one people attended that meeting. The first general community meeting was held on June 17. Community members were notified of this meeting in several ways. Letters were sent to each neighborhood association and to over 70 people who had voiced opinions via letter, e-mail, telephone or oral communications at Council meetings. A notice was included in the City’s Web page and a press release was issued. Twenty-six people attended this meeting. Another community meeting was held on July 15. Staff especially invited residents and business owners who hired gardeners who used leaf blowers, as this was one segment of the community that staff had not heard from. CMR:341:98 Page 5 of 7 Twenty people attended this meeting, seven of whom had attended one of the previous meetings. Attachment C provides the unedited responses received at each of the meetings. The opinions and perspectives about the use of leaf blowers and the appropriate course of action in dealing with them are varied. Some people have ve.ry strong feelings that the o.rdy altemative is to totally ban leaf blowers due to the noise and pollution issues. Others have strong feelings that blowers are a necessary tool to help keep the community clean. There is general consensus that whatever regulation/option is selected, it needs to be easy to understand and enforce, and that the City should adhere to the same regulations as homeowners, gardeners or businesses. Additional Staff Work to be Completed ¯ Stuff’is finalizing the research phase of the assignment and in the process of determining cost impacts to the City for the various options. Additionally, using all the information obtained from the community outreach, staffwill develop recommendations for Council consideration. In order to provide a wide and timely distribution of the staff report containing recommendations to interested community members, staff will agendize the item for referral to the Policy and Services Committee once the Council returns from vacation and agendize the discussion at the Policy and Services Committee meeting on October 6. RESOURCE IMPACTS Staff is still in the process of estimating costs associated with the options. ATTACHMENTS Attachment A - Revised List of Cities Who Have Banned Leaf Blowers Attachment B- EPA’s Hand-Held Equipment Emissions Standards Attachment C - Unedited Responses From Community Meetings PREPAKED BY:Lyrme Johnson, Assistant Police Chief CMR:341:98 Page 6 of 7 REVIEWED BY: APPROVED BY: PO~E CHIEF CMR:341:98 Page 7 of 7 ,o o o ATI’ACHMENT B EPA’s HAND-HELD EQUIPMENT EMISSIONS STANDARDS Year 1995-98 2000 Displacement. Less than 20cc 20cc - less than 50cc 50cc and greater All HC 220g/bhp-hr 180 120 50 CO NOx 600g/bhp-hr 600 300 130 4.0g/bhp-hr 4.0 4.0 PM n/a .25 HC - Hydrocarbons CO - Carbon Monoxide NOx - Oxides of Nitrogen PM - Particulate Matter g/bhp-hr - grams per brake-horsepower-hour Regular Meeting Tuesday, February 23, 1999 ADJOURNMENT : Oral Communications ...................2 Proposed 1999 Legislative Objectives ...........2 Recommendations Regarding the Regulations of the Use of Leaf Blowers ......................... 4 Discussion for Future Meeting Schedules and Agendas 16 Meeting adjourned at I0 p.m ..........17 02/23/99 P&S: 1 Chairperson Eakins called the meeting to order at 7:10 p.m. in the Palo Alto Art Center, 1313 Newell Road, Palo Alto, California. Present:Eakins, Kniss, Ojakian Absent:Schneider i.Qr~l CQmmDnications None 2. p~Qposed 1999 Legislative Objectives Senior Executive Assistant Audrey Seymour said, a platform of legislative objectives, upon which staff focused during the year, were brought to the Policy & Services (P&S) Committee each year. Staff refined the process to focus the platform on issues which were important to the City, where meaningful action could be taken, and where for~es could be joined with others sharing the same interests. Palo Alto’s priorities were ones in which the League of California Cities (LCC), Santa Clara County Cities Association (SCCCA), and other groups were also interested. The staff report (CMR:153:99) was consistent with staff’s prior practices in bringing forward the Legislative Objectives. Council Member Kniss asked whether staff saw any legislative objectives germane to the City that Council Members could pursue at the state or national level. Council Member Kniss asked about the legislative objectives related to revenue protection. Ms. Seymour responded that the objectives addressed several recent state actions; for example, the Educational Revenue Augmentation Fund and Internet taxation, that had taken funding from local governments, therefore jeopardizing critical City services. Council Member Kniss said people needed to recognize how cities constantly struggled to protect taxation dollars and how constantly, either through mandates or Federal programs, funds were pulled from cities that had very little power to protect the funds. She was also sure the Internet issue would be closely watched. Ms. Seymour replied yes. The basis of the platform came from the LCC and included several state and national issues, such as a social security mandate. Council Member Ojakian said page 3 of Attachment A of the staff report (CMR:153:99)under the Revenue and Taxation section indicated possible revenues that might be protected. 02/23/99 P&S: 2 Ms. Seymour said Council Member Ojakian was correct. Preliminary discussions had occurred regarding revisiting the Vehicle Licensing Fee issue. Council Member Ojakian asked whether the wording should be changed from "may" to "must include the following." Ms. Seymour said the intention of the wording was to indicate staff would attempt to protect local revenues of any sort, listing a few as examples of areas staff was able to identify at the current time, but not precluding any other threat to local revenues. Council Member Ojakian was interested in seeing some of the items happen. Council Member Kniss requested staff provide her with specific information with regard to housing since she was recently asked to participate on a national community development committee dealing primarily with funding for housing. Ms. Seymour said several objectives dealt with housing, such as the Community Development Block Grant (CDBG), and others dealt with low-income housing and tax initiatives. Staff hoped to communicate such issues to associations to which the City belonged. Once the platform was adopted, staff would share the information with friends at the LCC and SCCCA and ask all Council Members to share the platform. Council Member Kniss appreciated Ms. Seymour’s efforts on the legislative platform. The targeted audience did not always receive the information. Council Member Ojakian indicated items of particular interest to him: I) the second item under Community Services on page 1 of Attachment A of the staff report (CMR:153:99), "Support efforts to fund support services such as child care and transportation for low-income working people, tailored to fit the needs of those they serve;" 2) the first two items under Emergency Management on the same page, which were critical given the recent occurrences in Palo Alto over the past year; 3) the fourth item under Public Safety on page 3 of Attachment A, "Support legislation to allow loca! agencies to use radar for speed enforcement on residential arterial streets without the raising of speed limits;" and 4) the first item under Utilities on page 3 of Attachment A, "Support local control of decision-making for local utilities, including: rate-making; regulatory authority; utility transfers to the general fund; bundling of telecommunications services with electric or other utility services; use of poles, conduits and other utilities infrastructure; water purchases and implementation of the Best Management Practices of the California Urban Water Conservation Council." 02/23/99 P&S: 3 Chairperson Eakins asked about the process staff used to find relevant pieces of legislation to support or oppose. Ms. Seymour.said staff primarily found relevant legislation by staying in touch with larger groups with larger staffs to track such information. She attended meetings of the Legislative Task Force of the SCCCA, the LCC issued bulletins~ and City staff was in touch with a number of associations faxing alerts. She then reviewed all of the items with the Mayor. Once the City knew about a bill, the City could track the bill through subscription on the Internet and obtain updates. Staff relied on such associations to assist in finding the bills of interest to the City. MOTION: Council Member Kniss moved, seconded by Ojakian, that the Policy and Services Committee recommend the City Council adopt the proposed 1999 legislative objectives as the basis for the City’s legislative advocacy in 1999. MOTION PASSED: 3-0, Schneider absent. Ms. Seymour said the item would return on a future Council Consent Calendar. o RecommendatiQns Regarding the Regulations of the Use of Leaf Blowers Assistant Police Chief Lynne Johnson said staff attempted to provide as much information in the staff report (CMR:139:99) as possible. She said the staff recommendations in the report should be ammended to include the prohibition of leaf blowers on Sundays and holidays. Chairperson Eakins clarified the additional language should be included under Item 6 on page 2 of the staff report (CMR:139:99). Ms. Johnson replied yes. Senator Polanco’s office confirmed he was 99.9 percent sure he would introduce legislation regarding leaf blowers; however, his approach would differ from the one he had taken the prior year. The details were being worked out, but she understood the legislation would put a moratorium on any ban for two years throughout the State and then work under State guidelines, particularly to address the noise issue, using the normally accepted American National Standards Institute (ANSI) standards for noise level determinations. After Friday, the final day for introduction of bills, more information would be forthcoming. A great deal of interest had been raised throughout the State and country on the leaf blower issue. Recently, she had spoken with a representative from the Portable Power Equipment Manufacturers Association (PPEMA), currently working on a program with companies to affix a permanent label on leaf blowers to indicate that the decibel level of the blower met the ANSI noise level standard. PPEMA was currently in the process of working with 02/23/99 P&S: 4 ANSI to develop more refined and restricted testing protocol. In a prior staff report, staff had indicated how the results of leaf blower tests could vary depending upon certain conditions. For example, testing a leaf blower in an enclosed room would differ from a test in an open field. PPEMA and ANSI recognized that a number of factors affected results and would work to make testing more consistent. Chairperson Eakins asked Ms. Johnson to elaborate on the process for developing the recommendations in the report. Ms. Johnson said staff spoke with people advocating bans on leaf blowers, people who supported keeping the leaf blower as a too! while mitigating the noise and pollution issues, people in different cities throughout the state, and people from the Environmental Protection Agency (EPA) and Air Quality Management District (AWMD). ~Staff had tried to compile the information into a report in such a way as to provide the Council with as much information as possible. Chairperson Eakins asked whether staff had held a series of public meetings. .. Ms. Johnson said staff had held three meetings. One was specifically directed at landscapers and gardeners, although others from the community attended all of the meetings. Another meeting was targeted at residents of the community, and the last was an attempt by staff to target the residents who hired gardeners and landscapers who used leaf blowers. Council Member Kniss thought staff had done an unusually good job on the staff report (CMR:139:99). The issue was difficult. Not everyone involved would be pleased with the decision. After having looked at other cities and other ordinances, she asked whether staff thought its recommendation was balanced overall. Ms. Johnson said Council Member Kniss was accurate. Staff realized it was in a no-win situation. Staff understood that a large group of people were adamant about complete bans. However, some people used leaf blowers to clean a variety of large commercial areas, not just to blow leaves. Staff examined how City crews and contractors cleaned. Staff had been unable to find any valid documented information on the actua! pollution and particulate matter issues. The ratio of one hour use of leaf blower to. the number of hours a car was driven depended upon the source of information. The staff needed to compile information on the community, city parks, open spaces, and commercial areas and compare the information to other cities that had implemented bans. Staff tried to customize the recommendations based on its knowledge of the community. 02/23/99 P&S: 5 Council Member Kniss said the comment on page 6 of the staff report (CMR:139:99) regarding the reduction in the sale of leaf blowers in California was unusual. Ms. Johnson said after having received the information, she had heard that more leaf blowers were sold in California than any other state and the numbers were increasing. Even. cities where bans had been implemented had seen increases in the number of leaf blower sales. Council Member Kniss assumed living in a state like California was different. She asked whether snow blowers in the east caused the same kinds of problems. For some reason, people would not complain about the noise of a snow blower or snow plow. Council Member Ojakian referred to Council Member Rosenbaum’s first point in his February 18, 1999, e-mail, "Our current ordinance specifies db levels at 25 feet. Your proposed regulations are at 50 feet. Is there an accepted way to compare levels at the two distances, i.e., if I know the level at 25 feet, can I predict, the level at 50 feet? In Attachment A of CMR:139:99, the difference is 2 to 5 db. However, in Attachment B of CMR:216:98, the difference is 3 to 13 db." Ms. Johnson said the 50-foot distance was recognized by ANSI and most ordinances reviewed by staff. Depending on the piece of equipment being measured, a 5 dBA average difference occurred between 25 and 50 feet because of various factors. Under the City’s current ordinance, older leaf blowers could not be used at full throttle or the noise ordinance would be exceeded. Many times, older leaf blowers were used at half-throttle.~ Under the proposed recommendation, the older leaf blowers could be used at full throttle and achieve 65 dBA at 50 feet instead of 25 feet. Council Member Rosenbaum’s second observation, "I don’t believe the percentages on page 5 of CMR:139:99 have any relation to noise perception (you can’t have a reduction exceeding 100%). A more meaningful and generally accepted conclusion about relative noise levels is given in the first paragraph of page 4 in CMR:216:98," was also good. A more accurate way of explaining the reduction was understood from noise experts that for every i0 dBA reduction, noise levels were reduced by half; for example, 65 dBA was half as loud as 75 dBA because of the logarithmic formula used to determine noise levels. Traffic Division Lieutenant Don Hartnett said staff attempted to ensure the latest technology, which produced the least amount of noise and pollution, was used by gardeners. If nothing else, the ordinance should be changed to reflect the fact improved technology was available. The recommendations in the staff report (CMR:139:99) would make the Police Department’s enforcement job easier, would give industry targets to work for, and in some cases an incentive for manufacturers to meet the targets in the 02/23/99 P&S: 6 ordinance. Less confusion would result if the standards in the staff report were adhered to. Short of a ban, the recommendation would result in the most restrictive ordinance. Council Member Ojakian asked whether the second recommendation on page 2 of the staff report (CMR:139:99), "permits would be issued, for a fee, only for blowers that meet the California air quality standards, and are rated at 65 dBA or less at 50 feet, by the American National Standards Institute (ANSI)," was compatible with the Comprehensive Plan. Ms. Johnson said the Comprehensive Plan was not specific with regard to leaf blowers. The policies indicated a desire to find ways and strategies to reduce noise levels associated with leaf blowers. Chairperson Eakins asked about proactive enforcement. People who complained about leaf blowers indicated the offender would have left by the time a police officer arrived. She assumed the situation would be addressed, in part, by being more proactive. She also asked whether sworn officers or code enforcement officers would be used. Ms. Johnson said the enforcement effort would not completely eliminate the scenario described by Chairperson Eakins; for example, staff would not be able to guarantee an officer could arrive prior to the offending party’s departure. Proactive enforcement involved not waiting until complaints were received. Normal controls would be on the lookout for someone using a leaf blower to ensure a permit was being carried. With the permit concept, it would be easy to determine whether or not the leaf blower was in violation. Officers would continue to respond to complaints, but no guarantees could be made about response times or finding a violator in action. The permit concept would make enforcement easier when an officer arrived on the scene and found someone who was using a leaf blower.The Community Service Officers (CSO) would handle enforcement.If the Council approved the recommendation, staff would request temporary funding for another CSO to provide the needed coverage. Action would be taken when a patrol officer witnessed leaf blowers. Chairperson Eakins asked whether someone like her neighbor, who owned his own equipment, would be affected. Ms. Johnson said staff had recommended applying the prohibition to everyone, including homeowners. An officer who saw someone using a leaf blower on a Sunday would have a difficult time determining whether or not the person actually lived at the residence. It. could be done, but was more difficult with regard to enforcement. David Schrom, 381 Oxford Avenue, spoke in opposition to leaf blowers due to the impact on global environmental pollution. The 02/23/99 P&S: 7 economic analysis in the staff report (CMR:139:99) was shallow, since the number of people affected by the noise of leaf b!owers resulted in such a high cost to the community. A more honest estimate of the cost of leaf blowers might result in a very different answer. Ellen Fletcher, 777 San Antonio Road #108, said one comment on pa~e Ii of the staff report (CMR:139:99), "leaf blowers...do produce noise levels that are offensive and bothersome to some individuals," was highly understated. On the same page, the comment was made that "while there are other types of tools that can be used, the majority of them require at least 30 to 50 percent more time to complete the work compared to leaf blowers..." However, in her apartment complex when rakes were used, the workers were very fast and efficient. Leaf blowers usually blew leaves into the street which was illegal and created a hazard for bicyclists. Police officers rarely cruised neighborhoods, where most of the leaf blowers were used. She asked how a homeowner could handle a neighbor’s noisy leaf blower. Council Member Kniss said Ms. Fletcher was on the City Council when the issue of leaf blowers was addressed and asked why the recommendation had been so resound±ngly defeated in 1987. Ms. Fletcher said the proposed recommendation meant that for the first time noise and time limits would exist for leaf blower use. Older homeowners opposed a ban on leaf blowers because their gardeners threatened not to work without the use of leaf blowers. Leaf blower manufacturers had also made a case about the noise level reductions that would appear with newer models. She and former Council Member Patitucci had fought for the ban. Kathleen Haney, Cardinal Hotel, 235 Hamilton Avenue, spoke in support of the staff recommendation, but preferred an outright ban on leaf blowers. Leaf blower noises in the Downtown area in the late evening bounced off of buildings, unlike residential areas where trees and grass softened the noise levels. The P&S Committee was asked to consider the noise levels Downtown and include restrictions in the hotel zone during the evenings. Lorilee Houston, Garden Court Hotel, 520 Cowper Street, agreed with Ms. Haney about the need for restrictions on leaf blowers in hotel zones in the evenings and early mornings. Council Member Kniss asked about the parameters for a hotel zone. Ms. Haney said the hotel owners were willing to work with staff on the parameters. Terry Burnes, 183 Ferne Avenue, spoke in favor of the staff recommendation, but asked that the location of violations from the past year be plotted out on a map. Some areas were worse than 02/23/99 P&S: 8 others. Leaf blowers were not a problem in his neighborhooH, even though the noise from leaf blowers might bother someone occasionally. He queried how a private individua! would know whether or not a leaf blower purchased in Palo Alto was going to be legal. The materials were unclear about whether leaf blowers would be certified based on a rating affixed by the manufacturer or tested by the City. Staff was encouraged to focus on a standard of pre-established ratings so individuals would know at the time of purchase whether a blower would be lega! or not. Under the proposal, individuals like himself who worked full time and cleaned their own yards would only be able to clean yards on Saturdays. He requested extended evening hours or Sunday hours from ii a.m. to 3 p.m., particularly during the summer, to allow use of leaf blowers after work. Having police officers stop in neighborhoods to check leaf blowers for compliance seemed "heavy handed." He urged handling of the issue differently, particularly with regard to residents. He appreciated the attempt to reach a compromise. Yasuo Shinozuka, 894 Cabot Lane, Foster City, spoke in favor of the staff recommendation with minor changes. The revoking of a license as a penalty seemed strict. Gardeners being penalized the same way for not using an extension tube as for exceeding 65 dBA was unfair. More flexible hours to provide laborers with more time to work was encouraged; for example, 8:30 a.m. to 5:30 p.m. or even 8 a.m. to 6 p.m. Small business gardeners were often unable to complete work in the time allotted. Chairperson Eakins asked what Mr. Shinozuka meant by his comment regarding extension tubes. Mr. Shinozuka referred to item 4 on page 2 of the staff report (CMR:139:99), "leaf blowers must be operated with all extension tubes in place." Chairperson Eakins asked why gardeners would not want to use the tubes. Mr. Shinozuka said vendors sold the extension tubes longer than gardeners might want them. The longer tubes were for under shrubs, similar to an extension for a vacuum cleaner. Chairperson Eakins asked whether the ordinance should allow for shorter tubes. Mr. Shinozuka replied no. The long tube was fine, but someone with a short tube might be caught by a police officer and have their license revoked. Mr. Burnes thought Mr. Shinozuke was trying to say that putting someone with-two violations out of business was unfair when the violation might be as simple as merely using the wrong extension 02/23/99 P&S: 9 tube. He thought Mr. Shinozuka was saying a citation should not be written for using the wrong combination of tubes. Chairperson Eakins asked whether that was Mr. Shinozuka’s point. Mr. Shinozuka replied yes. Chairperson Eakins asked staff to respond to the questions raised by members of the public at the end of the meeting. John K. Abraham, 736 Ellsworth Place, spoke in favor of a total ban on leaf blowers. However, support was given to staff’s enforcement plan if the ban was not possible. The 65 dBA ANSI standard had been supported by the environmental coalition. Support was given to the prohibition of leaf blowers on holidays. The P&S Committee was encouraged to provide the Police Department with all the assistance necessary to carry out the ordinance via the CSOs. The comment on Attachment D of the staff report (CMR:139:99) indicating the total cost of using leaf blowers in parking lots of approximately $37,000 would double under a complete ban was in error. Prior speakers’ recommendations to disallowing leaf blowers until at least 7 a.m. in parking lots was encouraged, particularly near hotels. A revisitation of the:issue in a year was supported. Frank Manocchio, 2115 White Oak Way, San Carlos, spoke on behalf of the California Landscape Contractors Association (CLCA), and thanked the City for the professionalism and objectivity of the staff report (CMR:139:99). The CLCA represented a variety of contractors. In general, the staff recommendation was supported. Some CLCA members might consider the hours or days a little restrictive, but the CLCA thought it should be part of the solution and not part of the problem. As one of the technology centers of the world, Palo Alto should recognize the benefits of technology. Small engine motors would be dramatically less polluting and quieter in the following years. Henri Ocafrain, 1860 Palm Avenue, Redwood City, had worked in Palo Alto for 30 years using leaf blowers. The Bay Area Gardeners Associatien (BAGA), of which he was a member, tried to cooperate with the desire of Bay Area cities to reduce noise and pollution levels resulting from the use of leaf blowers. The City was asked to change the hours of use to 8 a.m. instead of 9 a.m. to 5 p.m. Kathy Strephmouis, 6 Delmar Court, Redwood City, spoke as a small gardening business operator who worked in residential areas and used the gardening tools minimally and quietly. Her business recently purchased a 62 dBA leaf blower for $450, a high price for a small business owner. Snow blowers had only two-cycle engines rather than the four-cycle engines used in leaf blowers. The staff report (CMR:139:99) provided very good reasoning, leaving gardeners to do their job without being disturbed. Gardeners were willing to cooperate with the rules. 02/23/99 P&S:I0 Rafael G. Madriz, 342 Beverly Avenue, Millbrae, spoke as a member of BAGA which was. trying hard to use the best tools possible. People unhappy about leaf blowers should contact the manufacturers of the tools to ensure the best equipment was being produced to meet community requirements. The staff report (CMR:139:99) was appropriate, except for the hours of operation and the permit requirements because of the expenses. Valentin Gonzalez, 312 Semicircular Road, Menlo Park, spoke in favor of the leaf blower recommendations but opposed the restriction on hour~ of operation. Another concern was whether, in two years, leaf blowers would be manufactured to meet the more stringent regulations. The hours of 8 a.m. to 5 p.m. were suggested. Robin Pendergrast, Echo, Inc., Lake Zurich, Illinois, spoke as a representative of~a major manufacturer of leaf blowers. Staff was complimented on the complete and professional report (CMR:139:99). In 1987, the average leaf blower emitted 78 dBA, which had since been reduced to the 65 dBA level. Progress was made from a technical standpoint. Courtesy was an issue that had not been addressed. In dealing with cities across the country, it was obvious the problem centered on a~few individuals who would not respect their neighbors, communities, or employers. Echo, Inc-. produced a good number of leaf b!owers. Even if manufacturers created blowers which were quieter, the blower had to be used with the tubes attached and in the appropriate settings. Chairperson Eakins asked how soon four-cycle engines would be available in leaf blowers. Mr. Prendergast said the four-cycle engine was far from being perfected. The tier-two carburetor standards, which would come into effect on January i, 2000, detailed specific emission requirements which would be met by two-cycle engines. From Echo’s perspective, the four-cycle engine was not in the planning stages. Quieter, battery-operated blowers were possibilities. However, the four-cycle engine involved many design and carburetion issues making it very difficult to design to leaf blower applications. Chairperson Eakins asked about certification. Mr. Burnes had spoke of pre-certifying units so the City would not have to go through a permitting process. Mr. Prendergast said a self-labeling standard was currently being structured, which meant a very specific legal parameter would be used. The same type of approach was used in positioning engines to meet carburetor standards for the year 2000, with specific Environmental Protection Agency (EPA) standards as far as the testing process. A check system was in place to make sure all manufacturers met the standards. The same was true for self- labeling standards. Home Depot, Orchard Supply, or any dealership 02/23/99 P&S:II provided a dBA rating based upon a specific ANSI standard. PPEMA represented the major manufacturers and recognized the importance of maintaining the integrity of the testing and labeling standard. Council Member Ojakian asked for clarification of the statement about dBA level changes from 78 dBA in 1987 to the current level of 65 dBA. Mr. Prendergast said currently, one manufacturer produced a backpack leaf blower lower than 65 dBA. The 62 dBA level mentioned in the staff report (CMR:139:99) was being challenged because it had not actually been tested to the ANSI standard. Some challenges were being waged against a few small manufacturers. Council Member Ojakian asked where the process was headed. Mr. Prendergast said to go from 78 dBA to 65 dBA in 12 years was an accomplishment and a move down to 62 dBA might be possible within a few years. The 65 dBA blower was substantially~quieter than other pieces of lawn and garden equipment. Council Member Ojakian asked whether the third recommendation on page 2 of the staff report (CMR:139:99), "in two years, permits would be issued only for blowers that meet the California air quality standards, ~and are rated at 62 dBA or less at 50 feet, by the ANSI standards," was reasonable to expect. Mr. Prendergast said he could not guarantee that leaf blower levels would be down to 62 dBA in two years; however, manufacturers were often able to do amazing things when challenged to do so. Gerardo Lombera, 438 Stamford Avenue, Redwood City, member of BAGA, said gardeners understood the noise problem and were working hard to regulate the noise. BAGA was holding seminars to educate gardeners about and chemicals. BAGA was willing to work with all of the cities to prevent the problems and invited the City to attend a BAGA meeting to work together for a solution. Council Member Kniss asked that a BAGA member provide the City with more information about the organization and extend an invitation to a meeting. Terry Trumbull, American Lung Association, I011 Lincoln Avenue, spoke in support of the staff recommendation. The staff report (CMR:139:99) had appropriately pointed to several major air quality problems. Ozone standards had been violated in the Bay Area since 1980, and combustion system in leaf blowers was the primary source of the ozone problem. The second.problem was the massive dust generated from the blowing capacity, since the dominant source of problems violating Federal and State standards was dust. The City was encouraged to work with the gardeners and to adopt standards, related to available technology. The two-cycle engine, was likely 02/23/99 P&S:12 to be banned within the next two years because of air quality standards. Moving to electrical units within one or two years was also encouraged. Electrical plug usage was limited to a specific range, so an exception for larger distances could be accommodated to allow gas-based tools. Chairperson Eakins asked Mr. Trumbull to provide City staff with materials on establishing and implementing technology improvement standards. Mr. Trumbull agreed. Ramon Quezada, President BAGA, 445 Lancaster Way, Redwood City, congratulated the staff for demonstrating democracy. The BAGA was involved in training its people. The staff report (CMR:139:99) was good, but more clarification about permits was requested. Most BAGA members already had leaf blowers, so to purchase a new blower as well as pay a permit fee seemed unreasonable. The two-year limit of 62 dBA was also difficult, since the purchase of a 65dBA, with a lifetime of 3 to 5 years, resulted in an ultimate loss for individuals with very small incomes. The BAGA was willing to hold a meeting in Palo Alto’s City Hall. Chairperson Eakins thought staff would be very interested in working with BAGA. Mr. Quezada said BAGA was interested in working with the City.. Once the organization understood the problems, efforts were made to alleviate the problems. Palo Alto’s actions were applauded. Police staff were very helpfu! and should be commended. Franscisco Quezadaz, 208 4th Avenue, Redwood City, member of BAGA, said the BAGA membership was primarily represented by small businesses with one or two helpers. Purchasing licenses, permits, and related fees from various cities was a burden tO small companies. The requirement for a 62 dBA leaf blower within two years was an additional expense. Certifying every individual who operated leaf blowers would also be an expense to a small company. BAGA tried to train itself, ensuring helpers were also trained, and do as much as possible to comply with the requirements, while keeping costs to a minimum. Recess: 9:10 9:2~ p.m. Miguel Sanchez, 240 Mt. Home Road, Woodside, Member of BAGA, spoke regarding the desire of the BAGA to work with the City. The issue of purchasing leaf blowers every two years was very difficult for gardeners. Manufacturers were trying to reduce noise levels, but the rule was analogous to requiring individuals to purchase a new car every two years. The gardeners worked hard to satisfy customers and beautify the City. 02/23/99 P&S:I3 Anne C. Fletcher, 2020 Waverley Street, spoke in support of leaf blowers. People who complained about leaf blowers could purchase ear plugs for the 15 minutes it took to clear a yard as a sign of cooperation between neighbors. Mildew and mold resulting from leaves sitting for several weeks created allergy problems. Gardeners should not have to pay for permits. Raking was unsatisfactory for yards such as hers which had large flower beds and ivy. Chairperson Eakins wanted the P&S Committee to discuss the issue and to make a field excursion to observe a demonstration of leaf blowers in action. Council Member Kniss presented a list of questions staff could address within the confines of the issue: i) the ~grandfathering" issue with regard to homeowners purchasing leaf blowers and the appropriate restrictions; 2) the hours with regard to gardeners and full-time workers who cared for their own gardens; 3) exact language regarding extension tubes and other tools, perhaps explained within the demonstration; 4) proactivity, i.e., whether residents would feel threatened with arrest because of using their own blower during a prohibited time; 5) hotel hours, including holidays and Sundays; 6) tags on machines; 7) certification and training; 8) working with BAGA and how the City could be more interactive and supportive; 9) whether or not to charge for the permits; I0) education and seminars; and ii) the different types of machines. The questions could be answered at the next P&S Committee. Council Member Ojakian presented a list of questions: I) why the number of violations resulting in a revoked permit had been set at two; 2) whether after permitting a machine at 65 dBa according to the second recommendation, recommendation three also had to be followed; 3) how to determine noise levels of machines; for instance, manufacture’s certified information or the City’s own testing, and how it would be performed; 4) how the information would be reported back to the Council; such as, measuring complaints or using a matrix of the information gathered; 5) why had complaints increased percent per year; and 6) why not require mufflers as legislation in other cities had. The use of equipment anywhere near residences at 4 a.m. was unreasonable. A more rational time to start was 6 or 7 a.m. Staff’s approach to find common ground to satisfy most people was appreciated. The report was thorough and objective and data provided on other city’s ordinances was helpfu!. Council Member Kniss commended staff’s extensive work and research. Much of-the issue was dependent on compromise. Staff had made an excellent start. Chairperson Eakins thanked staff for the organized and complete report that was easy to read, with good information and background. 02/23/99 P&S:I4 The speakers were thanked for their courtesy in their presentations. Regarding the question of noise, other noise situations existed; such as, tennis courts, Downtown music, and sound walls. People had different reactions to various types of noises. Someone might not be willing to live near a train but had no problem with leaf blowers. Some sounds were considered hostile and some comforting. She appreciated the spirit of compromise and accommodation. A solution should be found which allowed everyone involved to maintain respect. The education BAGA provided was appreciated. Perhaps homeowners and gardeners not in the organization could participate in the training for certification or accreditation, which would work better than a permit system which required so much administration. Some leaf blowers "chased every crumb," as Ellen Fletcher stated, and pushed debris into bicycle lanes. Although not all gardeners participated in such a practice, some tools were able to perform a very efficient job. The self- labeling standard-might be pursued with manufacturers and industry groups, to develop a standard the City could accept and depend upon, and residents would be comfortable with. Staff was asked to elaborate and explain some of Mr. Trumbull’s comments on technology and standards. Ms. Johnson said a demonstration could easily arranged and asked whether the P&S Committee wanted the demonstration organized in a meeting setting. Chairperson Eakins suggested providing the demonstration for the entire Council. Ms. Johnson assumed staff would bring in various models of leaf blowers to the demonstration that were rated at different dBA levels to assist in determining differences. Chairperson Eakins was interested in seeing the different fuel options, including electric. Council Member Ojakian said the distance factor was also important. Chairperson Eakins was interested in seeing a demonstration of the green machine. Ms. Johnson asked whether the P&S Committee was interested in any other types of gardening tools or just leaf blowers and the green machine. Chairperson Eakins said leaf blowers and the green machine were sufficient. Council Member Ojakian was also interested in seeing an electric leaf blower for comparison. 02/23/99 P&S:I5 Ms. Johnson asked when the P&S Committee was interested in seeing the demonstration. Chairperson Eakins suggested April. Ms. Seymour would need to provide assistance with scheduling. The City might have a trial plot where non-gasoline powered tools were used and might look into demonstration of landscaping. The Bay Area Quality Board (BAAQB), which had encouraged the~City to consider wood smoke, would also look into a horticultural tool ordinance. Council Member Kniss presumed no changes would be made to the current ordinance until the item returned to the P&S Committee and the Council. Ms. Seymour said the item would remain in committee until the P&S Committee was prepared to make a recommendation to the Council and the Council appro~ved the recommendation. Council Member Kniss clarified nothing was altered, so the public could be assured of the conditions of the current ordinance, until the Council passed a new ordinance. Ms. Johnson said the Council had given staff direction in the past to develop a permit fee that was cost-recovery. She asked whether that was an issue for leaf blower permits. Council Member Kniss said the P&S Committee had not been given sufficient information on which to make such a decision, which she hoped would become evident after staff addressed the questions posed that evening. Prior to the current meeting, she had not realized gardeners needed permits in every community in which they worked. The financial impact to gardeners should be examined. Council Member Ojakian said it was difficult to answer the question since the program might have additional costs. The cost recovery issue might involve penalties, so to determine how people would be permitted, the dollars received for the permits plus the citations, would be necessary. MOTION: Council Member Ojakian moved, seconded by Kniss, to continue the issue regarding the regulations of the use of leaf blowers in Palo Alto to a date uncertain. MOTION PASSED: 3-0, Schneider absent. 4. DiscussiQn..for Future Meeting Schedul@s and Agendas Senior Executive Assistant Audrey Seymour said the next P&S Committee meeting was scheduled for March 9, 1999. Council Members Eakins and Schneider would be absent, so an alternate would be necessary for a quorum. The topics would include overnight parking and flood hazard regulations. Topics for the April 13, 1999 P&S 02/23/99 P&S:I6 Committee meeting would be median/driveway solicitation and a stop sign intersection update. ADJOURNMENT: Meeting adjourned at I0 p.m. NOTE: Sense minutes (synopsis) are prepared in accordance w~th Palo Alto Municipal Code Sections 2.04.180(a) and (b). The City Council and Standing Committee meeting tapes are made solely for the purpose of facilitating the preparation of the minutes of the meetings. City Council and Standing Committee meeting tapes are recycled 90 days from the date of the meeting. The tapes are available for members of the public to listen to during regular office hours. 02/23/99 P&S:I7 POTENTIAL HEALTH AND ENVIRONMENTAL IMPACTS OF LEAF BLOWERS Report to the California Legislature CALIFORNIA AIR RESOURCES BOARD OCTOBER 29, 1999 DRAFT FOR COMMENT ONLY DO NOT CITE OR QUOTE 1.0 EXECUTIVE SUMMARY Introduction Senator John Burton introduced California Senate Concurrent Resolution No. 19 (SCR 19) February 23, 1999, which was chaptered May 21, 1999. The resolution requests the Air Resources Board (ARB) to prepare and submit a report to the Legislature on or before January 1, 2000, "summarizing the potential health and environmental impacts of leaf blowers and including recommendations for akernatives to the use of leaf’blowers and alternative leaf blower technology if the state board determines that alternatives are necessary." The goal of this report is to summarize for the California Legislature existing data on health and environmental impacts of leaf blowers, to identify relevant questions not answered in the literature, and suggest areas for future research. As per SCR 19, this report includes a comprehensive review of existing studies of the impacts of leaf blowers on leaf blower operators and on the public at large, and of the availability and actual use of protective equipment for leaf blowers. The receptors identified by the resolution are humans and the environment; sources of impacts are exhaust, noise, and dust. Because the Legislature specified that ARB use existing information, staff conducted no new studies. In order to locate existing data, staff searched the published literature, contacted potential resources and experts, and requested data from the public via U.S. mail and through a web page devoted to the leaf blower report. The methodology followed for this report depends on both the objectives of SCR 19 and available data. As staff discovered, in some areas, such as exhaust emissions, much is known; in other areas, such as fugitive dust emissions, we know very little. For both fugitive dust and noise, there are few or no data specifically on leaf blower impacts. For all hazards, there have been no dose-response studies related to emissions from leaf blowers and we do not know how many people are affected by those emissions. Therefore, staff determined to provide the Legislature with a report that has elements of both impact and risk assessments. The body of the report comprises three components: hazard identification, review of health effects, and a characterization of the potential impacts of leaf blowers on operators and bystanders. In Chapter 3, the emissions are quantified as to specific hazardous constituents, the number of people potentially exposedto emissions is discussed, and laws that seek to control emissions are summarized. Chapter 4 reviews health effects, identifying potential negative health outcomes of exposure to the identified hazards. Chapter 5 is a synthesis of hazard identification and health effects, characterizing potential health impacts that may be experienced by those exposed to the exhaust emissions, fugitive dust, and noise from leaf blowers in both occupational and non-occupational setting. In addition, Chapter 6 comprises a discussion of research needs to make pro~ess toward answering some of the questions raised by this report, and Chapter 7 briefly describes engine technologies that could reduce exhaust emissions, and discusses methanol fuel and alternatives to leaf blowers. The leaf blower was invented by Japanese engineers in the early 1970s and introduced to the United States as a lawn and garden maintenance tool. Drought conditions in California facilitated acceptance of the leaf blower as the use of water for many garden clean-up tasks was prohibited. By 1990, annual sales were over 800,000 nationwide, and the tool had become a ubiquitous gardening implement. In 1998, industry shipments of gasoline-powered handheld and backpack leaf blowers increased 30% over 1997 shipments, to 1,868,160 units nationwide. Soon after the leaf blower was introduced into the U.S., its use was banned as a noise nuisance in two California cities, Carmel-by-the-Sea in 1975 and Beverly Hills in 1978. By 1990, the number of California cities that had banned the use of leaf blowers was up to five. There are currently twenty California cities that have banned leaf blowers, sometimes only within residential neighborhoods and usually targeting gasoline-powered equipment. Another 80 cities have ordinances on the books restricting either usage or noise level or both. Nationwide, two states, Arizona and New Jersey, have considered laws at the state level, and five other states have at least one city with a leaf blower ordinance. The issues usually mentioned by those who object to leaf blowers are health impacts from noise, air pollution, and dust. Municipalities regulate leaf blowers most often as public nuisances in response to citizen complaints. Two reports were located that address environmental concerns: the Orange County Grand Jury Report, and a series of reports from the City of Palo Alto City Manager’s office. The City of Palo Alto reports were produced in order to make recommendations to the City Council on amending their existing ordinance. The Orange County Grand Jury took action to make recommendations that would "improve the quality of life in Orange County," and recommended that cities, school districts, community college districts, and the County stop using gasoline-powered leaf blowers in their maintenance and clean-up operations. The major findings of each are similar: leaf blowers produce exhaust emissions, resuspend dust, and generate high noise levels (Table 1). The implications of these findings for human health, however, were not documented or based on scientific studies. Description ot~ the Hazards Hazard identification is the first step in an impact or risk assessment. Each of the three identified hazards are examined in turn, exhaust emissions, dust emissions, and noise. For each, the hazard is described and quantified, and the number of people potentially exposed to the hazard is discussed. For exhaust emissions the number of people potentially impacted is as high as the population of the state, differing within air basins. Fugitive dust emissions impact a varying number of people, depending on one’s proximity to the source, the size of the particles, and the amount of time since the source resuspended the particles. Finally, we also discuss laws that control the particular hazard. Exhaust emissions from leaf blowers consist of the following specific pollutants of concern: hydrocarbons from both burned and unburned fuel, and which combine with other gases in the atmosphere to form ozone; carbon monoxide; fine particulate matter; and other toxic air contaminants in the unburned fuel, including benzene, 1,3-butadiene, acetaldehyde, and formaldehyde. Exhaust emissions from these engines, while high compared to on-road mobile sources on a per engine basis, are a small part of the overall emission inventory. Emissions have only been controlled since 1995, with more stringent standards takin~ effect in 2000. The exhaust emissions from leaf blowers are consistent with the exhaust emissions of other, similar off-road equipment, such as string trimmers. Manufacturers have developed several different methods to comply with the standards and have done an acceptable job certifying and producing engines that are below the regulated limits. Dust emissions from leaf blowers are not part of the inventory of fugitive dust sources. ARB, therefore, does not have official data on the quantity of fugitive dust resuspended by leaf blowers. To what extent leaf blowers are efficient mechanisms for entraining total suspended particulates and smaller particles in ambient air needs to be measured, using leaf blowers to clean selected surfaces that are representative of actual leaf blower usage. Available data indicate that the PM10 emissions impact from fugitive dust suspended by leaf blowers is small, but probably not insignificant. Previous emission estimates range from less than 1% to 5% of the statewide PM10 inventory. For example, the ARB previously estimated statewide fugitive dust emissions to be about 5 percent of the total, and the Sacramento Metropolitan AQMD estimated leaf blower fugitive dust emissions to be about 2 percent of the Sacramento county PM10 air burden. A more definitive estimate of leaf blower fugitive dust emissions will require research to verify appropriate calculation parameters, determine representative silt loadings, measure actual fugitive dust emissions through source testing, and identify the chemical composition of leaf blower-generated fugitive dust. Noise is the general term for any loud, unmusical, disagreeable, or unwanted sound, which has the potential of causing hearing loss and other adverse health impacts. While millions of Californians are likely exposed to noise from leaf blowers as bystanders, given the ubiquity of their use and the increasing density of California cities and towns, there is presently no way of knowing for certain how many are actually exposed, because of the lack of studies. In contrast, it is likely that at least 60,000 lawrt and garden workers are daily exposed to the noise from leaf blowers. Many gardeners and landscapers in southern California are aware that noise is an issue and apparently would prefer quieter leaf blowers. Purchases of quieter leaf blowers, based on manufacturer data, are increasing. While little data exist on the noise dose received on an 8-hr time-weighted-average by operators of leaf blowers, data indicate that some operators may be exposed above the OSHA permissible exposure limit. It is unlikely that more than 10% of leaf blower operators and members of the gardening crew, and probably a much lower percentage, regularly wear hearing, eye, or breathing protective gear, thus exposing them to an increased risk of hearing loss. The sound quality of gasoline-powered leaf blowers may account for the level of annoyance reported by bystanders. Review of Health Effects Potential health effects of the hazards range from mild to serious. Airborne PM is not a single pollutant, but rather is a mixture of many subclasses of pollutants, each containing many different chemical species. Many epidemiological studies have shown statistically significant associations of ambient PM levels with a variety of negative health endpoints, including mortality, hospital admissions, respiratory symptoms and illness, and changes in lung function. Carbon monoxide exposure causes health effects ranging from subtle changes to death. At low exposures, CO causes headaches, dizziness, weakness, and nausea. Children and people with heart disease are particularly at risk from CO exposure. Some toxic compounds in gasoline, in particular benzene, 1,3- butadiene, acetaldehyde, and formaldehyde, are carcinogens. Ozone, formed from chemical reactions of hydrocarbons and nitrogen dioxide in the presence of sunlight, is a strong irritant and exposures can cause airway constriction, coughing, sore throat, and shortness of breath. Finally, noise exposures damage hearing, and causes other adverse health impacts, including interference with communication, rest and sleep disturbance, changes in performance and behavior, annoyance, and other psychological and physiological changes that may lead to poor heakh. Potential Health Impacts of Leaf Blowers Health effects from hazards identified as being generated by leaf blowers range from mild to serious, but the appearance of those effects depends on exposures: the dose, or how much of the hazard is received by a person, and the exposure time. Without reasonable estimates of exposures, ARB cannot conclusively determine the health impacts from leaf blowers; the discussion herein clearly is about potential health impacts. The goal is to direct the discussion and raise questions about the nature of potential health impacts for those exposed to the exhaust emissions, fugitive dust, and noise from leaf blowers in both occupational and non-occupational settings. For the worker, the analysis suggests concern. Bearing in mind that the worker population is most likely young and healthy, and that these workers may not work in this business for all of their working lives, we nonetheless are cautioned by our research. Leaf blower operators may be exposed to potentially hazardous concentrations of CO and PM intermittently throughout their workday, and noise exposures may be high enough that operators are at increase risk of developing hearing loss. While exposures to CO, PM, and noise may not have immediate, acute effects, the potential health impacts are greater for long term exposures leading to chronic effects. Noise and PM effects should be protected against by the use of respirators and earplugs or muffs. Employers should be more vigilant in requiring and ensuring their employees wear hearing protection. Regulatory agencies should conduct educational and enforcement campaigns, in addition to exploring the extent of the use of protective gear. Exposures to CO are more problematic; there are no CO filters, but engine modification can reduce CO exhaust emissions. More study of CO exposures to leaf blower operators is warranted to determine whether the potential health effects discussed herein are actual effects or not. Describing the impacts on the public at large is more difficult than for workers because people’s exposures and reactions to those exposures are much more variable. Bystanders are clearly annoyed by the noise and dust from leaf blowers. They can be interrupted, awakened, and may feel harassed, to the point of taking the time to contact public officials, complain, write letters and set Up web sites, form associations, and attend city council meetings. These are actions taken by highly annoyed individuals who believe their health is being negatively impacted. In addition, some sensitive individuals may experience extreme physical reactions, mostly respiratory symptoms, from exposure to the kicked up dust. On the other hand, others voluntarily purchase and use leaf blowers in their own homes, seemingly immune to the effects that cause other people such problems. While these owner-operators are likely not concerned about the noise and dust, they should still wear protective equipment - dust masks and ear plugs - and their exposures to CO are a potential problem and warrant more study. Recommendations The Legislature asked ARB to include recommendations for alternatives in the report, if ARB determines alternatives are necessary. This report makes no recommendations for alternatives. Based on the lack of available data, such conclusions are premature at this time. Of course, ARB can certainly recommend reducing exhaust emissions from the engines, particularly of carbon monoxide and unburned fuel. For noise, the ARB has no Legislative mandate to control noise emissions, but the evidence seems clear that quieter leaf blowers would reduce worker exposures and protect hearing, and reduce negative impacts on bystanders. Research is needed to better understand the issues relating to ttie health and environmental issues from leaf blowers. Research needs are discussed throughout the report and again in Appendix H. Fugitive dust emissions are more problematic. The leaf blower is designed to move relatively large materials, which requires enough force to also blow up dust particles. Banning or restricting the use of leaf blowers could reduce fugitive dust emissions, but there are no data on fugitive dust emissions from alternatives, such as vacuums, brooms, and rakes. In addition, without a more complete analysis of potential health impacts, costs and benefits of leaf blower use, and potential health impacts of alternatives, such a recommendation is not warranted. Some have suggested that part of the problem lies in how leaf blower operators use the tool, that leaf blower operators need to show more courtesy to passersby, shutting off the blower when people are waking by, and that too many leaf blower operators blow dust and debris into streets, leaving the materials to be resuspended by passing vehicles. A more complete understanding of the amount of dust resuspended by leaf blower use and alternative cleaning equipment is needed to guide decision-making, but in the meantime, interested stakeholders could join together to propose methods for leaf blower use that might reduce dust generation, and develop and promote codes of conduct by workers who operate leaf blowers. POTENTIAL HEALTH AND ENVIRONMENTAL IMPACTS OF LEAF BLOWERS SEPTEMBER 15, 1999 CALIFORNIA AIR RESOURCES BOARD PREPARED FOR THE CALIFORNIA LEGISLATURE DRAFT FOR COMMENT ONLY DO NOT CITE OR QUOTE PLEASE SUBMIT COMMENTS TO DR. NANCY STEELE, AIR RESOURCE BOARD, 9480 TELSTAR AVENUE, SUITE 4, EL MONTE, CA 91731-2990 NO LATER THAN OCTOBER 8, 1999. Table of Contents 1.0 2.0 3.0 Executive Summary (not available in this draft) Introduction 2.1 Senate Concurrent Resolution 19 - Leaf Blowers 2.2 Health and Environmental Impacts 2.3 Timeline 2.4 15abli~ .Outreach 2.5 History of the Leaf Blower and Local Ordinances 2.6 Overview of This Report Description of the Hazard 3.1 Exhaust Emissions 3.1.1 Characterization of Technology 3. t.2 Exhaust Emissions 3.1.2.1 Leaf Blower Population 3.1.2.2 Emission Inventory 3.1.3 Regulating Exhaust Emissions 3.1.3.1 State Regulations 3.1.3.2 U.S. EPA Regulations 3.1.3.3 SCAQMD Emissions Credit Program 3.1.4 Summary 3.2 Fugitive Dust Emissions 3.2.1 Definition of Fugitive Dust Emissions 3.2.2 Calculating Leaf Blower Emissions 3.2.2.1 Generation of Fugitive Dust by Leaf Blowers 3.2.2.2 Size Segregation of Particulate Matter 3.2.2.3 Calculation Assumptions 3.2.2.4 Calculation Methodology 3.2.3 Characterization of Fugitive Dust Emissions 3.2.3.1 Previous Emissions Estimates: ARB, 1991 3.2.3.2 Previous Emissions Estimates: SMAQMD 3.2.3.3 Emission Factors - This Study 3.2.3.4 Emissions Inventory - This Study 3.2.4 Chemical Composition 3.2.5 Regulating Fugitive Dust Emissions 3.2.5.1 State and Federal PM10 and PM2~5 Standards 3.2.5.2 Local District Regulations 3.2.6 Summary 3.3 Noise Emissions 3.3.1 D_efinin.g Noise 3.3.2 Physical Properties of Sound 3.3.3 Measuring the Loudness of Sound 3.3.3.1 Loudness Description DRAFT: DO NOT CITE OR QUOTE i 15 September 1999 4.0 5.0 6.0 7.0 3.3.3.2 Sound Level Measurement 3.3.4 Noise in California 3.3.4.1 Noise Sources 3.3.4.2 Numbers of People Potentially Exposed: the Public 3.3.4.3 Numbers of Peopte Potentially Exposed: the Operator 3.3.5 Regulating Noise 3.3.5.1 Federal Law 3.3.5.2 _State_Law 3.3.5.3 Local Ordinances 3.3.6 Noise From Leaf Blowers 3.3.6.1 Bystander Noise Exposure 3.3.6.2 Operator Noise Exposure 3.3.7 Use of Hearing Protectors 3.3.8 Summary Review of Health Effects ParIiculate Matter Carbon Monoxide Unburned Fuel 4.1 4.2 4.3 4.4 Noise 4.4.1 Hearing and the Ear 4.4.2 Noise-Induced Hearing Loss 4.4.3 Effects on the Fetus and Newborn 4.4.4 Non-auditory Physiological Response 4.4.5 Interference with Communication 4.4.6 Interference with Sleep 4.4.7 Effects on Performance and Behavior 4.4.8 Annoyance and Community Response 4.4.9 Effects on Wildlife and Farm Animals Potential Health and Environmental Impacts of Leaf Blowers 5.1 The Worker 5.1.1 Exhaust Emissions 5.1.2 Fugitive Dust Emissions 5.1.3 Noise 5.2 The Public-at-Large 5.2.1 Exhaust F.mis~iong 5.2.2 Fugitive Dust Emissions 5.2.3 Noise Future Research 6.1 F.xhml~t F.mi.~.~iorm 6.2 Fugitive Dust Emissions Future Technology for Leaf Blowers 7.1 En_ggine Technologies That Reduce Exhaust Emissigns DRAFT: DO NOT CITE OR QUOTE ii 15 September 1999 8.0 9.0 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 Four-Stroke Engines Fuel-Injected Two-Stroke Engines Stratified Scavenging Two-Stroke Engines Two-Stroke Engine with Compression Wave Technology Two-Stroke Engines with Catalysts 7.2 Sound Reduction Technology 7.3 Methanol 7.4 Electric Equipment 7.5 Alternatives to Leaf Blowers Bibliography Appendices (Not available with this draft) A B C D E F G SCR 19 Public Outreach Activities Ambient Air Quality Standards Chemical Speciation Profile for Paved Road Dust Physical Properties of Sound.and Loudness Measures ANSI Standard for Leaf Blowers Manufacturer-reported Noise Levels from Leaf Blowers DRAFT: DO NOT CITE OR QUOTE iii 15 September 1999 1.0EXECUTIVESUMMARY The Executive Summary will be prepared for the next draft of this report. DRAFT: DO NOT CITE OR QUOTE 1 15 September 1999 2.0 INTRODUCTION 2.1 Senate Concurrent Resolution 19 ..Leaf Blowers Senate Concurrent Resolution No. 19 (SCR 19) was introduced by Senator John Burton ~ February 23, 1999, and chaptered May 2!, 1999. The resolution requests the ARB to prepare and submit a report to the Legislature on or before January 1, 2000, "summarizing the potential health and environmental impacts of leaf blowers and including recommendations for alternatives to the use of leaf blowers and alternative leaf blower technology if the state board determines that alternatives are necessary:.." and requested that cities and counties refrain from enacting new ordinances to prohibit leaf blower usage until after the ARB has submitted its report.The Legislature, via SCR 19, mentions that there are questions and concerns about potential health and environmental impacts from leaf blowers, and requests that ARB write the report to help to answer these questions and clarify the debate. The goal of this report, then, is to summarize for the California Legislature existing data on health and environmental impacts of leaf blowers, to identify relevent questions not answered in the literature, andsuggest areas for future research. The resolution specifies that the report will include a comprehensive review of existing studies of the impacts of leaf blowers on leaf blower operators and on the public at large, and of the availability and actual use of protective equipment for leaf blowers. The receptors identified are humans and the environment; sources of impacts are exhaust, noise, and dust. Because the Legislature specified that AR]3 use existing information, staff conducted no new studies. In order to locate existing data, staff conducted extensive literature searches, contacted potential resources DRAFT: DO NOT CITE OR QUOTE 2 15 September 1999 and experts by telephone and e-mail, and notified the public that we were looking for information via U.S. mail and through a web 19age devoted to the leaf blower report. 2.2 Health and Environmental Impacts SCR 19 asks ARB to summarizepotential health and environmental impacts of leaf blowers, and thus our first task is to determine what information and analysis would comprise a summary of "health and environmental impacts." The methodology the ARB has used for this report is dependent both on the objectives of SCR 19 and on the available data. As staff discovered, in some .areas, such as exhaust emissions, we know.much about a hazard; ha other areas, such as fugitive dust emissions, we know very little. For both fugitive dust and noise, there are few or no data specifically on leaf blower impacts. For all hazards, there have been no dose- response studies related to emissions from leaf blowers and we do not know how many people are affected by those emissions. Therefore, s/aft determined to provide the Legislature with a report that has elements of both impact and risk assessments, each of which is described below. The body of the report, then, comprises four components: hazard identification, review of health effects, characterization of the potential impacts of leaf blowers on operators and bystanders, and suggested future research. Life-cycle Impact Assessment Life-cycle impact assessment is the examination of potential and actual environmental and human health effects related to the use of resources and environmental releases (Fava et al. 1993). A product’s life-cycle is divided into the stages of raw materials acquisition, manufacturin2, distribution/transportation, use/maintenance, recycling, and waste management (Fava etal. 1991). In this case, the relevant stage of the life-cycle is use/mainenance. Life-cycle impact assessment tends to focus on relative emission loadings and DRAFF: DO NOT CITE OR QUOTE 3 15 September 1999 resources use and does not directly or quantitatively measure or predict potential effects or identify a causal association with any effect. Identification of the significance and uncertainty of data and analyses are important (Barnthouse 1998). Risk Assessment A traditional risk assessment, on the other hand, seeks to directly and quantitatively measure or predict causal effects. A risk assessment evaluates the toxic properties of a chemical or other hazard, and the conditions of human exposure, in order to characterize the nature of effects and determine the likelihood of adverse impacts (NRC 1983). The four components of a risk assegsment are: 1.Hazard identification: Determine the identities and quantities of chemicals present, the types of hazards they may produce, and the conditions under which exposure occurs. 2.Dose-response assessment: Describe the quantitative relationship between the amount of exposure to a substance(dose) and the incidence of adverse effects (response). 3.Expom~re assessment: Identify the nature and size of the population exposed to the substance and the magnitude and duration of their exposure. 4.Risk characterization: Integrate the data and analyses of the first three compenents to determine the likelihood that humans(or other species) will experience any of the various adverse effects assocatied with the substance. The goal of risk assessment is the quantitative characterization of the risk, i~e., the likelihood that a certain number of individuals will die or experience another adverse endpoint, such as injury or disease. A risk assessment is ideally followed up by risk management, which is the process of identifying, evaluating, selecting, and implementing ~ctions to reduce risk to human health and ecosystems (Omenn, et al. 1997). While a risk assessment appears to be preferable DRAFT: DO NOT CITE OR QUOTE 4 15 September 1999 because it allows us to assign an absolute value to the adverse impacts, a quantitative assessment is difficult, if not impossible, to perform when data are limited. 2.3 Timeline SCR 19 requests that ARB deliver this report to the Legislature by January 1, 2000. The ARB’s governing board must review and approve the report before its delivery to the Legislature. To allow time for review and comment on the report, it will be released to the Board and the public in early November. Prior to this review, staff conducted two public workshops, on July 28, 1999, to discuss the method by which ARB proposed to conduct the study, and on September 28, 1999, to discuss the first public draft. ACTIVITY Delivery to the Legislature Air Resources Board Public Heating Public Notice and Report Public Workshop to Review Draft Public Workshop to Discuss Methodology SCR 19 Chaptered DATE January 1, 2000 December 9, 1999 November 9, 1999 September 28, 1999 July 28, 1999 May 21, 1999 2.4 Public Outreach Staff mailed a letter to about 1,200 people on June 28, 1999, announcing a public workshop, to be held July 29, and requesting all available information on the health and environmental impacts of leaf blowers. Also in June, staff posted a Leaf Blower Report website, with links to the public workshop notice and the text of SCR 19. The website and letter provided DRAFT: DO NOT CITE OR QUOTE 5 15 September 1999 the public with a contact address, telephone number, and e-mail address. Twenty-eight people signed in at the workshop. A second public workshop was announced by letter and on the Leaf Blower Report website on September 2, 1999. The workshop was held September 28, 1999, to provide a forum for discussion of the first public draft of the report. The first draft report was posted on the website and~mailed to those who requested it. In addition to the public workshops, staff met with representatives of the Outdoor Power Equipment Institute (OPEI), the Portable Power Equipment Manufacturers Association (PPEMA), the City of Los Angeles Department of Water and Power, various manufacturers, Citizens for a Quieter Sacramento, and Zero Air Pollution. See Appendix B for a complete list of telephone, in-person, and e-mail contacts. 2.5 History of the Leaf Blower and Local Ordinances The leaf blower was invented by Japanese engineers in the early 1970s and introduced to the United States as a lawn and garden maintenance tool. Soon after the leaf blower was introduced into the U.S., its use was banned in two California cities, Carmel-by-the-Sea in 1975 and Beverly Hills in 1976, as a noise nuisance (CQS, 1999b). Nevertheless, by 1990, annual sales were over 800,000 nationwide and the number of California cities that had banned use of leaf blowers was up to five. Currently there are twenty California cities that have banned, or in the case of Los Angeles, severly restricted, leaf blowers, and another 80 that have ordinances on the books restricting either usage or noise level or both. Nationwide, two states, Arizona and New Jersey, are considering statewide laws, and five other states have at least one city with a leaf blower ordinance (IME 1999). D1L4_FT: DO NOT CITE OR QUOTE 6 15 September 1999 The issues usually mentioned by people who object to leaf blowers are health impacts from noise, air pollution, and dust. In addition, some have also argued that the leaf blower is bad for plants because it is usually used to remove dead plant materials that would otherwise contribute to soil health through decomposition (Smaus 1997). Professional gardening firms, however, believe that the leaf blower is an essential, time-sa~ing tool that has enabled them to offer services at a much lower cost than if they had to use rakes, brooms, and water to clean up the landscape (CLCA 1999). Whether or not the use of leaf blowers saves on time and money continues to be debated, with each side making claims for the efficiency or esthetics of leaf blower use versus rakes and brooms. Cities that have not banned leaf blower use have produced studies showing how expensive such a ban would be, while cities that have banned leaf blowers have apparently not seen costs rise significantly (City of Palo Alto 1999, CQS 1999a). Municipalities usually regulate leaf blowers as,public nuisances, in response to citizen complaints (see, e.g., City of Palo Alto 1998a, 1998b, 1999; City of Los Angeles 1999). Two reports were located that address environmental concerns: the Orange County Grand Jury. Report (1999), and a series of reports written by the City Manager of Palo Alto (1999, 1998a, 1998b). The City of Palo Alto reports have been produced in order to make recommendations to the City Council on amending their existing ordinance. The Orange County Grand Jury took action to make recommendations that would "improve the quality of life in Orange County," and recommended that cities, school districts, community college districts, and the County stop using gasoline-powered leaf blowers in their maintenance and clean-up operations. The major findings of each are similar, and are listed in Table 1: Table 1. Major Findings of the Orange County Grand Jury and City of Palo Alto Orange County Grand Jury Report (1999) "Toxic exhaust fumes and emissions are created by gas-powered leaf blowers." "The high-velocity air jets used in blowing leaves whip up dust and pollutants. The particulate matter (PM) swept into the air by blowing leaves is composed of dust, fecal matter, pesti6des, fungi, chemicals, fertilizers, spores, and street dirt which consists of lead and organic and elemental carbon." "Blower engines generage high noise levels. Gasoline-powered leaf blower noise is a danger to the health of the blower operator and an annoyance to the non- consenting citizens in the area of usage." City of Palo Alto City Manager’s Report (1999) "Gasoline-powered leaf blowers produce fuel emissions that add to air pollution." "Leaf blowers (gasoline and electric) blow pollutants including dust, animal droppings, and pesticides-into the air adding to pollutant problems" "Leaf blowers (gasoline and electric) do produce noise Ievels that are offensive and bothersome to some individuals." In addition to the findings on exhaust emissions, dust, and noise, the City of Palo Alto made three additional findings: "Other garden equipment such as gasoline-powered lawn mowers, hedge trimmers, and weed wackers also produce similar noise levels and present many of the same environmental concerns." DRA.FT: DO NOT CITE OR QUOTE 8 15 September !999 "While there are other types &tools that can be used, the majority of them require at least 30 to 50percent more time to complete the work compared to leaf blowers, and thus significantly increase the costs to the City for clean up .of public facilities." "Ordinances regulating the use of leaf blowers should be easily enforced and understood in order to be effective and for compliance to occur." As will be discussed in more detail later in this report, the findings in these two reports about exhaust emissions and noise are substantiated in the scientific literature. The reports’ findings regarding dust emissions, however, were not documented or based on analysis of actual emissions, but were based on "common sense" knowledge. The City of Palo Alto conducted studies of noise levels from various pieces of equipment, following the ANSI standard when testing leafblowers~ and surveyed their lawn and garden maintenance contractors, asking them to project their costs to the City should they be prohibited from using leaf blowers. The contracts were not competetively bid, however, thus the contractors were free to project rate raises without fear of losing their contracts. The City’s final finding on the stucture of an ideal ordinance was based on surveys of other cities and their experience with enforcing existing ordinances. 2.6 Overview of this Report The main body of this report comprises five additional chapters, followed by the bibliography and appendices. Chapter 3 decribes the hazards, as identified in SCR 19, from leaf blowers. Exhaust emissions, fugitive dust emissions, and noise are covered in turn, along with who is exposed to each hazard and how society has sought to control exposure to those hazards through laws. Chapter 4 reviews health effects of each of the hazards, with exhaust emissions DRAFt: DO NOT CITE OR QUOTE 9 15 September 1999 subdivided into particulate matter, carbon monoxide, and important constituents of unburned fuel. Health effects from fugitive dust are covered in the subsection on particulate matter. Chapter 5 summarizes the potential health and environmental impacts of leaf blowers, attempting to sythesize the information presented in Chapters 3 and 4. Chapter 6 describes suggested research that, if conducted, would alloW researchers to better understand the health and environmental impacts. Finally, Chapter 7 describes engine technologies that could reduce exhaust emissions, including electric power, and discusses methanol fuel and alternatives to leaf blowers. DIL&FT: DO NOT CITE OR QUOTE 1 0 15 September 1999 3.0 DESCRIPTION OF THE HAZARDS This section of the report describes the three hazards identified by SCR 19 as resulting from leaf blowers. There are undoubtably other hazards that could have been examined, such as whole-body vibration, risk of burning from hot engine parts, or eye damage from blown debris, but the California Legislature chose to limit the scope of this report. Exhaust emissions, noise, and blown dust from leaf blowers have been singled out as the most important issues, as discussed in section 2.5 of this report. Thus, the Legislature requested that ARB examinethe three hazards that have been of most concern. Hazard identification is the first step in an impact or risk assessment. ARB staffhave conducted an impact assessment in three steps, the first of which considers the nature of the hazard. In this section, then, each of the three identified hazards are examined in turn, exhaust emissions, blown, or fugutive, dust emissions, and noise. For each, the hazard is described and quantified. For noise, the number of people potentially exposed to the hazard is discussed; for fugitive dust and exhaust emissions the number of people potentially impacted is assumed to be the population of the state. Finally, in this section we also discuss laws that control the particular hazard. 3.1 Exhaust Emissions 3.1.1. Characterization of Technology Leaf blowers have traditionally been powered by two-stroke gasoline engines, and most still are today) The two-stroke engine has several attributes that are advantageous for 1Ul~ess otherwise referenced, this section makes use of material in the ARB’s Small Off Road Engine staff report and attachments, identified as MSC 98-02; 1998. DRAFT: DO.NOT.CITE OR QUOTE 1 1 15.September 1999 applications such as leaf blowers. Two-stroke engines are lightweight in comparison to the power they generate, and can be used with the engine in any position. Multi-positional operation is made possible by mixing the lubricating oil with the fuel, thus, the engine is properly lubricated even when operated at a steep angle or upside down. Typical two-stroke designs feed more of the fuel/oil mixture than is necessary into the combustion chamber. Through a process known as "scavenging." the incoming fuel enters the combustion chamber as the exhaust is leaving. This timing overlap of intake and exhaust port opening can result in as much as 30% of the fuel/oil mixture to be exhausted unburned. Thus, the major pollutants from a two-stroke engine tend to be hydrocarbons, oil-based particulates, and carbon monoxide. A two-stroke engine forms relatively little oxides of nitrogen emissions, because the extra fuel absorbs the heat and keeps peak combustion temperatures low. Additionally, there are some blowers that utilize four-stroke engines. These blowers are typically "walk-behind" models, used to clean large parking lots and industrial facilities, rather than lawns and driveways. Overall, the engines used in these blowers emit significantly lower emissions than their two-stroke counterparts, with significantly lower levels of hydrocarbons and particulate matter. These four-stroke blower engines have a significantly lower population than the traditional two-stroke blowers and only peripherally fit the definition or commonly-accepted meaning of the term "leaf blower." They are mentioned here only for completeness, but are not otherwise addressed in this report. 3.1.2 Exhaust Emissions Inventory 3.1.2.1 Leaf Blower Population. The best estimates available indicate that there are approximately 410,000 gasoline-powered blowers in use in the state today. This figure has been DRAFT: DO NOT CITE OR QUOTE 12 15 September 1999 developed from information gathered through the development and implementation of ARB’s small off-road engine regulation. Less than 5,000 of those use four-stroke engines. Since the small off-road engine regulation does not apply to blowers powered by electric motors, the data regarding the number of electric blowers are not as extensive. However, information shared by the handheld power equipment industry indicates that approximately 60 percent of blowers sold are electric. This would indicate that there are approximately 600,000 electric blowers in California. Most &those would be dependent on the use of a power cord. It must be stressed that the majority of the blower j~oj~ulation being electric does not imply that the majority of usage is due to electric blowers. In fact, electric blowers are more likely to be used by homeowners for occasional use, whereas virtually all commercial use involves engine-powered blowers. 3.1.2.2 Emission Inventory. California’s emission inventory is an estimate of the amount and types of pollutants emitted by all sources of air.pollution. The emission inventory method and inputs for small off-road engines, with power ratings of less than 25 horsepower (hp), was approved by the Board in 1998 (Table 2). Exhaust emissions from leaf’blowers contribute from one to nine percent of the small-off road emissions, depending on the type of pollutant, based on the 2000 emissions data. Exhaust emission standards for small off-road engines, which will be implemented beginning in year 2000, will result in lower emissions in the future. By 2010, for example, reactive organic gas (ROG) emissions are expected to shrink by 40% statewide, while CO declines by 35% and PM10 drops 90%. The reductions reflect the replacement of today’s blowers with cleaner blowers meeting the year 2000 standards. DRAFT: DO NOT CITE OR QUOTE 13 15 September 1999 Table 2. Leaf Blower Exhaust Emissions, Statewide Inventory (tons per day) Reactive Organic Gases (ROG) Carbon Monoxide (co) Fine Particulate Matter (PM 10) Leaf blowers 2000 7 15 0.2 Leaf blowers 2010 4.2 9.8 0.02 All Lawn & Garden, 2000 ¯ 50.24 434.99 1.05 All Small Off- Road, 2000 80.07 1046.19 3.17 Although leaf blowers by themselves do not constitute a large portion of the inventory, it should be emphasized that emissions from virtually all sources are being controlled at this time and that portions of the state still fall short of meeting the federal ambient air quality standards. Further emissions controls for these engines are not contemplated at this time, but the possibility does exist. Nothing in this report should be construed as supporting or opposing any future action to further control emissions from small two-stroke engines. 3.1.3 Regulating Exhaust Emissions 3.1.3.1 State Regulations. The California Clean Air Act, codified in the Health and Safety Code Sections 43013 and 43018, was passed in 1988 and grants the ARB authority to regulate off-road mobile source categories, including leaf blowers. The federal Clean Air Act requires states to meet national ambient air quality standards (Appendix C). Because portions of California do not meet some of these standards, the State regularly prepares a State Implementation Plan, which specifies measures that will be adopted into law to meet the national standards. Other feasible measures not specified in the state implementation plan may also be adopted. DRAFT: DO NOT CITE OR QUOTE 14 15 September 1999 In December 1990, the Board approved emission control regulations for new small off-road engines used in leaf blowers and other applications. The regulations took effect in 1995, and include exhaust emission standards, emissions test procedures, and provisions for warranty and production compliance programs. In March of 1998, the ARB amended the standards to be implemented with the 2000 model year. Table 3 illustrates how the standards compare with uncontrolled engines for leaf blower engines between 20 and 50 cubic centimeters (cc) in displacement. The few blowers above 50 cc comply with 1995-1999 standards of 120 + 4.0 g/bhp-hr HC+NOx and 300 g/bhp-hr CO. Note that there was no particulate matter standard for 1995-1999 model year leaf blowers, but that a standard will be imposed beginning with the 2000 model year. Among other features of the small off-road engine regulations is a requirement that production engines must be tested to ensure compliance. Examination of the certification data confirms that manufacturers have been complying with the emissions regulations; in fact, engines that have been identified as being used in blowers tend to emit hydrocarbons at levels that are 10 to 40 percent below the existing limits. This performance is consistent with engines used in string trimmers_, edgers, and other handheld-type equipment, which are, in many cases, the same engine models used in leaf blowers. DRAFT: DO NOT CITE OR QUOTE 1 5 .15 September 1999 Table 3 Exhaust Emissions for Leaf Blower Engines (grams per brake-horsepower-hour) Uncontrolled 1995-1999 Standards 2000 and later Emissions Standards HC+NOx 283 + 1.0 180 + 4.0 542 CO 9O8 6OO 400 PM 3.6 .__3 1.5 3.1.3.2 Federal Regulations. Although the federal regulations for mobile sources have traditionally followed the ARB’s efforts, the U.S. EPA has been able to take advantage of some developments following the ARB’s March 1998 Board hearing. Specifically, a vocal opponent of the ARB’s standards reversed its position upon discovering another means of compliance, specifically two-stroke engines equipped with compression wave technology. Bolstered by this information, the U.S. EPA (1999b) has proposed standards for blowers and other similar equipment that would be more stringent than the ARB standards. ARB plans a general review of off-road engine technology by 2001, and will consider the implications of this new technology in more detail then. A short description is included in "Future Technology" (Chapter 7). 3.1.3.3 South Coast Air Quality Management District Emissions Credit Program. The South Coast Air Quality Management District (SCAQMD), an extreme non-attainment area for ozone, has promulgated Rule 1623 - Credits for Clean Lawn and Garden 2For yr 2000, the HC + NOx standards have been combined. 3There was no particulate standard for this time period. DRAFT: DO NOT CITE OR QUOTE 16 15 September 1999 Equipment. Rule 1623 provides mobile source emission reduction credits for those who voluntarily replace old high-polluting lawn and garden equipment with new low- or zero-emission equipment or who sell new low- or zero-emission equipment without replacement. The intent of the rule is to accelerate the retirement & old high-polluting equipment and increase the use of new low- or zero-emission equipment. In 1990, volatile organic carbon emissions from lawn and garden equipment in the South Coast Air Basin were 22 tons per day (SCAQMD 1996). To date, no entity has applied for or received credits under Rule 1623 (V. Yardemian, pers. com.) 3.1.4 Summary Exhaust emissions from leaf blowers consist of the following specific pollutants of concern: reactive organic gases (ROG) from both burned and unburned fuel, and which combines with other gases in the atmosphere to form ozone; carbon monoxide; fine particulate matter, and other toxic chemicals in the unburned fuel. Exhaust emissions from these engines, however, have been controlled since 1995 and will continue to be controlled in the future, with more stringent standards taking effect in 2000. Manufacturers have developed several different methods to comply with the standards. The exhaust emissions from leaf blowers are consistent with the exhaust emissions of other, similar equipment, such as string trimmers. Manufacturers &leaf blower engines have done an acceptable job certifying and producing engines that are below the limits set by the Air Resources Board. 3.2.1. 3.2 FUGITIVE DUST EMISSIONS Definition of Fugitive Dust Emissions DRAFT: DO NOT CITE OR QUOTE 17 t5 September 1999 "Blown dust" is the second of the hazards from leaf blowers specifically mentioned in SCR 19. For the purposes of this report, we will use the term "fugitive dust," which is more in line with the terminology used by the ARB. From the Glossary of Air Pollution Terms, available on the ARB’s website,4 the following definitions are useful: Fugitive Dust: Dust particles that are introduced into the air through certain activities such as soil cultivation, or vehicles operating on open fields or dirt roadways. A subset of fugitive emissions. Fugitive Emissions: Emissions not caught by a capture system (often due to equipment leaks, evaporative processes, and windblown disturbances). Particulate Matter (PM): Any material, except uncombined water, that exists in the solid or liquid state in the atmosphere. The size of particulate matter can vary from coarse, wind-blown dust particles to fine particle combustion products. Fugitive dust is a subset of particulate matter, which is a complex mixture of large to small particles that are directly emitted or formed in the air. Current control efforts focus on PM small enough to be inhaled, generally those particles smaller than 10 micrometers (~m). So-called coarse particles are those larger than 2.5/.zm in diameter, and are directly emitted from activities that disturb the soil, including travel on roads, construction, mining, agriculture, and landfill operations, plus windblown dust, pollen, spores, sea salts, and rubber from brake and tire wear. Those with diameters smaller than 2.5 ~m are called fine particles. Fine particles remain suspended in the air for long periods and can travel great distances. They are formed mostly from combustion sources, such as vehicles, boilers, furnaces, and fires, with a small dust component. 4http ://arbis.arb.ca.gov/htrnl/gloss.htm DRAFT: DO NOT CITE OR QUOTE 18 15 September 1999 Fine particles can be directly emitted as soot or formed in the atmosphere as combustion products react with gases from other sources (Finlayson-Pitts & Pitts 1986). Fugitive dust emissions from leaf blowers fall into the category of "uninventoried" fugitive dust emissions and hence arenot included in the ARB’s emissions inventories. Asidefrom a study conducted for the SCAQMD (Botsford et al. 1996) to determine whether fugitive dust blown by leaf blowers was a "significant" source in the South Coast Air Basin, there has been no research conducted to estimate dust emissions. ARB staff have, in this report, developed a proposed methodology for estimating fugitive dust emissions from leaf blowers. The estimation presented below begins with the assumptions and calculations contained in the study conducted for the SCAQMD by AeroVironment (Botsford et al. 1996). Additional methodologies and data have been reviewed and derived from the U.S. EPA document commonly termed AP-42, and reports by the Midwest Research Institute; University of California, Riverside; and the Desert Research Institute. 3.2.2 Calculating Leaf Blower Emissions The fundamental premise in the calculations below is that leaf blowers are designed to move relatively large materials such as leaves and other debris, and hence can also be expected to entrain into the air much smaller particles, especially those below 30/.zm diameter, which are termed PM30. Subsets ofPM30 inlcude PM10, with diameters below 10.urn, and PM2.5~ with diameters below 2.5/~m. Particles below 30/.zm are not visible to the naked eye. Note that PM10 includes PM2.5 particles, and PM30 includes PM10 and PM2.5 particles. 3.2.2.1 Generation of Fugitive Dust by Leaf Blowers. The goal of a person using a leaf blower is to move material such as leaves and debris; the leaf blower does this by moving DRAFT: DO NOT CITE OR QUOTE 19 15 September 1999 relatively large volumes of air, typically between 350-700 cubic feet per minute, at a high wind speed, typically 150 to 280 miles per hour (hurricane wind speed is >117 mph). While the intent may not be to move dust, this air movement also suspends or resuspends the dust on the surface being cleaned, because a typical surface to be cleaned is covered with a "layer" of dust that is spread, probably non-uniformly, along the surface being cleaned. In order to calculate how much fugitive dust is generated by the action of a blower, we assume that this "layer" of dust can be represented by a single average number, the silt loading. This silt loading value, when Combined with the amount of ground cleaned per unit time and the PM weight fractions, produces the estimates of fugitive dust emissions from leaf blowers. It is recognized and acknowledged that this analysis has been constrained by the language of SRC 19, directing ARB staff to only use existing data, to be a first- or second-approximation of reality. However, common experience indicates that a leaf blower will certainly entrain small particles in the air. The question is: what should those silt loading and size-segregated PM weight fractions be? This section presents the best estimate using existing data. 3.2.2.2 Size Segregation of Particulate Matter. PM emissions are subdivided into the following three categories, operator emissions, local emissions, and regional emissions. They are differentiated as follows: 1) Operator emissions. PM30 emissions will be used to estimate "operator" PM emissions; PM30-sized particles have relatively short settling times, on the order of minutes to a couple of hours, maximum (Finlayson-Pitts and Pitts 1986, Gillies et al. 1996, Seinfeld and Pandis 1998). These would be emissions to which the leaf blower operator and passersby would be exposed. DRAFT: DO NOT CITE OR QUOTE 20 15 September 1999 2) Local emissions. PM10 emissions will be used to estimate "local" PM emissions; PM10 emissions may remain suspended for hours to days in the atmosphere (Finlayson-Pitts and Pitts 1986, Gillies et al. 199,6, Seinfeld and Pandis 1998). These emissions would be emissions to which persons in the near-downwind-vicinity would be exposed, for example, residents whose lawns are being serviced and their neighbors, persons in commercial buildings whose landscapes are being maintained or serviced, and persons within a few blocks of the source. 3) Regional emissions. PM2.5 emissions may remain suspended for as long as a week or more (Finlayson-Pitts andPitts 1986, Gillies,et al. 1996, Seinfeld and Pandis 1998), and hence can be considered as contributors to "regional" PM emissions over a county or air basin. 3.2.2.3 Calculation Assumptions. The method presented uses the following assumptions. 1) Methods used for estimating wind blown dust for paved roads can be applied to estimating fugitive dust emissions from leaf blowers. That is, one can use an "AP-42" type (U.S. EPA 1997) of approach that calculates dust emissions based on the "silt loading" of the street surface(s) in question. 2) The typical leaf blower generates sufficient ’wind speed’ to cause sidewalk/roadway dust, in particular, particles 30 micrometers or less in aerodynamic diameter, to become airborne. With nozzle air velocities from 120 to 180 mph, wind speed at the ground would range from 90 mph to 24 mph, according to the AeroVironment study (Botsford et al. 1996). 3) Currently available paved roadside/roadway and gutter silt loadings can be used to calculate emissions from leaf blowers. The actual silt loading values used here are drawn from the ARB’s Technical Support Division (ARB 1997a). D1L4_FT: DO NOT CITE OR QUOTE 21 15 September 1999 4) The size fractions for PM30, PM10, and PM2.5 for paved road dust can be used to calculate emissions from leaf blowers. After consulting Dr. Gregory Muleski at the Midwst Research Institute, staff decided to use the ratio of’k’ factor values to estimate the weight fraction &windblown dust for leaf blower usage. The "k" factor is a dimensionless value that represents the percentage of the total dust loading that is of a certain size fraction. 3.2;2.4 Calculation Methodology. The specific emission factor calculation is as follows: P1VI~.~ Emissions = sL x Q x f~z~ where: PM~.~ Emissions = PM30, or PM10, or PM2.5 emissions s = silt loading fraction, L = total dust/material loading sL = s x L = silt loading for the area in question Q = amount of ground cleaned per unit time ~== PM30, or PM10, or PM2.5 fraction &total dust loading content Fugitive dust emissions will be estimated for commercial and residential usage. Leaf blowers are used both in residential areas, for lawn and garden care, and commercial areas, such as industrial parks and office complexes, and given that these areas are expected to have different total dust/material loadings and silt loadings, estimates for both residential and commercial leaf blower usage have been prepared. The following silt loading values were selected from published silt loadings that ranged between 0.02 and 557 grams per square meter (ARB1997a, U.S. EPA 1997, Venkatram et al. DRAFT: DO NOT CITE OR QUOTE 22 15 September 1999 1998). The values selected were based on engineering judgement, rather than on an average of roadway silt loadings. A straight arithmetic average would have been dominated by the few values in the hundreds of grams per square meter. Instead, values were selected based on average values selected from the literature and discussions with persons with background in the field of fugitive dust emissions. Commercial area silt loading, therefore, is assumed to be 2.0 g/m2; residential area silt loading is assumed to be 0.035 g/m-’. The population and usage data, obtained from the ARB Mobil~ Source Control Division, Emissions Analysis Branch, indicate that commercial use accounts for 74.5 % and residential use accounts for 25.5% of per-hour usage. PM10 is assumed to be 19 percent of the weight fraction of the silt, and PM2.5 represents 9 % of the silt weight fraction. The amount of ground cleaned per unit time, Q, is assumed to equal 1,600 m’-/hr. 3.2.3 Characterization of Fugitive Dust Emissions. This section includes results from thispresent analysis, as well as results from previous estimates prepared by the ARB and others. For reference, this section begins with two previous leaf bl ow2,r ,emi .~si ons e~tirnzto_~. 3.2.3.1 Previous Emissions Estimates: ARB, 1991. The ARB’s Technical Support Division, in a July 9, 1991 response to a request from Richard G. Johnson, Chief of the Air Quality Management Division at the Sacramento Metropolitan Air Quality Management District (SMAQMD), prepared a per-leaf blower emissions estimate, in grams per hour of dust (McGuire 1991). PM10 emissions were reported as being 1,180 g/hr, or 2.6 lb/hr. If this emission factor is combined with current statewide hours-of-operation data of 97,302 hr/day of leaf blower usage, this would produce an emission inventory of 126.5 tpd of PM10. 3.2.3.2 Previous Emissions Estimates: SMAQMD. Sacramento Metropolitan Air Quality Metropolitan District (SMAQMD) staff (Covell 1998) estimated that "Dust Emissions (leaf blowers only)" are 3.2 tpd in Sacramento County. The memo included commercial and residential leaf blower populations (1,750 commercial and 15,750 residential), and hours of use (275 hr/yr for commercial and 10 hr/yr for residential). Using these values one can "back calculate" the assumed g!hr emission factor for ’,particulate matter". The resulting emission factor is 1,680 g/hr, or 3.7 lb/hr. The resulting statewide emission inventory is 180 tpd. 3.2.3.3 Emission Factors - This Study. Two emission factors have been calculated (Table 4): one for commercial.usage, whichassumes a higher silt loading of 2.0 g/m2, and a second one for residential.usage, which assumes a low silt loading of 0.03 5 g/m2. Table 4. Estimated Emission Factors, This Study grams per hour, g/hr (pounds per hours, lb/hr) Emission Factor Total Suspended Particulate PM10 PM2.5 Commercial 3200 (7.04) 608 (1.34) 288(0.63) Residential 56 (0.12) 10.64 (0.02) 5.04(0.01) 3.2.3.4 Statewide Emissions Inventory - This Study. The statewide emissions inventory has been estimated by combining the hours of operation by equipment category (residential and commercial). Residential usage includes fugitive dust emissions contribution from electric leaf blowers, of which there are an estimated 600,000 in California: all electric leaf blowers are assumed to be in residential usage. Table 5. Statewide Emissions Inventory, This Study tons per day (tpd) DRAFT: DO NOT CITE OR QUOTE 24 15 September 1999 Emissions Inventory Commercial Residential Total Total Suspended Particulates 255.5 2.5 258 PM10 48.5 0.5 49.0 PM2.5 23.0 0.2 2312 3.2.3.5 Comparison of Emission Factors and Inventories. The 1996 statewide estimates for paved road dust, unpaved road dust, and fugitive windblown dust are 400 tpd, 610 tpd, and 310 tpd, respectively. Thus, the total suspended particulate emissions from this study are on a scale with these three sources. The entire 1996 PM10 emission inventory, which does not include leaf blower dust emissions, was 2,400 tpd. The contribution from leaf blower fugitive dust is, therefore, estimated to be about two percent of the statewide PM10 emissions inventory. A finer scale analysis, by air district, would shed light on whether or not dryer areas of the state experience a greater emissions impact than wetter areas. Unfortunately, ARB lacks the data necessary to make a finer scale, air district by air district, analysis for this study. It must be stressed that this estimate is highly dependent on silt loading values, which have not been specifically defined for leaf blower usage, and thus these estimates should be considered to be first-order approximations. Comparing the estimates derived in this study with the previous ARB estimate (McGuire 1991), we find that the major difference is the weight fraction of total suspended particulates that comprises PM10. The 1991 estimated emission factor for PMtsp was 5.7 lb/hr, or 2585 g/hr, comparable to this study’s emission estimate of 7 lb/hr, or 3200 g/hr. In the earlier study, however, ARB assumed that 45% of the PMtsp was PM10, whereas this study assumes 19%. 3.2.4 Chemical Composition DRAFT: DO NOT CITE OR QUOTE 25 15 September 1999 In keeping with the direction to use existing data, the use of ARB’s size-segregated chemical speciation profiles for paved road dust was considered to chemically characterize leaf blower PM emissions.However, because of the great uncertainty as to the composition of leaf blower dust, paved road dust chemical characteristics were not used in estimating health impacts, but are presented in Appendix D for information. In addition to soil particles, paved road dust emissions contain contributions from tire and brake wear particles. A Fresno County Air Pollution report noted that street sweepings in Fresno were found to contain arsenic, chromium, lead, mercury and other metals.The ARB’s own chemical speciation profiles for paved road dust also show small percentages of these substances. 3.2.5 Regulating Fugitive Dust Emissions Fugitive dust emissions are generally regulated as a nuisance, although PM10 and PM2.5 are specifically addressed through the state planning process as criteria air. pollutants. There are no explicit federal, state, or local regulations governing leaf blower fugitive dust emissions. 3.2.5.1 State and Federal I~M10 and PM2~5 Standards. Ttte California.and Fedgxal ambient air quality standards for PM10 and PM2.5 are located in Appendix C. Any state that has air basins not in attainment for the standards must submit a plan to U.S. EPA on how they will achieve compliance. For California, most of the state violates the PM10 standard; attainment status has not yet been determined for the new PM2.5 standard Oaromulgated July 18, 1997).. California, and its air districts, is therefore required to control sources of PM10, including fugitive dust. 3.2.5.2 Local District Regulations. Many air districts have a fugitive dust control rule that prohibits activities that generate dust beyond the property line of an operation. For DRAFT: DO NOT CITE OR QUOTE 26 15 September 1999 example, the SCAQMD Rule 403 states: "A person shall not cause or allow the emissions of fugitive dust from any active operation, oaaen storage.pile, or undisturbed surface area such that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source." In addition, rules may place limits on the amount ofPM10 that can be detected downwind of an operation that generates fugitive dust; for SCAQMD that limit is 50 #g/m3 [SCAQMD Rule 403]. The Mojave AQMD limits PM emissions to 100/.zg/m3 [Mojave AQMD Rule 403]. Others, such as the San Joaquin Unified APCD, define and limit visible emissions (40% opacity) from activities that generate fugitive dust emissions [SJUAPCD Rule 8020]. Finally, another approach is to simply request individuals take "reasonable precautions" to prevent visible particulate matter emissions from moving beyond the property from which the emissions originate [Great Basin Unified APCD Rule 401]. 3.2.6 Summary The data presented indicate that the PM10 emissions impact from fugitive dust suspended by leaf blowers are small, but not insignificant, at about 2 percent of the total PM10 inventory. Previous fugitive dust estimates are in the same neighborhood as the estimates developed and presented here. For example, the ARB’s Technical Support Division estimated statewide fugitive dust emissions to be about 5 percent of the statewide PM10 emission inventory in 1991, and the SMAQMD (1998) estimated leaf blower fugitive dust emissions to be about 2 percent of the Sacramento county PM10 air burden. To what extent leaf blowers are efficient mechanisms for entraining PM30 and smaller particles in ambient air can only be demonstrated empirically, using real leaf blowers to clean selected surfaces that are representative of actual leaf blower usage. A more definitive estimate of DRAFT: DO NOT CITE OR QUOTE 27 15 September 1999 leaf blower fugitive dust emissions will require a research project to determine and verify appropriate calculation parameters, determine representative silt loadings, determine actual fugitive dust emissions through source testing, and determine the chemical composition of leaf blower generated fugitive dust. 3.3 NOISE EMISSIONS 3.3.1 Defining Noise The third of the hazards from leaf blowers identified in SCR 19 is noise. Noise is the general term for any loud, unmusical, disagreeable, or unwanted sound. Noise can damage hearing, interrupt communication, disturb rest and sleep, and cause psychological and physiological changes that may lead to poor health (WHO 1980). The adverse physiological effects of noise include damage to hearing and may include elevated blood pressure and changes in body chemistry leading to irritability and anxiety. Psychological effects range from annoyance to interference with communication, sleep, work performance, and behavior (Kryter 1994). In this report, noise will be used to refer both to unwanted sounds and sounds that damage hearing. The two qualities, although related, do not always occur together. The effects of sound on the ear are determined by its quality, which consists of the duration, intensity, frequency, and overtone structure, and the psychoacoustic variables of pitch, loudness, and tone quality or timbre, of the sound. Long duration, high intensity sounds are the most damaging and usually perceived as the most annoying. High frequency sounds, up to the limit of hearing, tend to be more annoying and potentially more hazardous than low frequency sounds. Intermittent sounds appear to be less damaging than continuous noise because the ear DRAFT: DONOTCL~ OR QUOTE 28 a~ Se.vtetttber 1999 appears to be able to recover, or heal, during intervening quiet periods. Random, intermittent sounds, however, may be more annoying, although not necessarily hazardous, because of their unpredictability (Suter 1991). The context of the sound is also important. While certain sounds may be desirable to some people, for example, music at an outdoor party, they may be considered noise by others, for example, those trying to sleep. Even desirable sounds, such as loud music, may cause damage to hearing and would be considered noise in this context. Thus, not only do loudness, .pitch, and impulsiveness of sound determine whether the sound is "noise," but also the time of day, duration, control (or lack thereof), and even one’s personality determine whether sounds are unwanted or not. The physical and psychoacoustic characteristics of sound, and thus noise, are described in more detail in Appendix E. The discussion is focused on information necessary for the reader to understand how sound is measured, and clarify measures of leaf blower sound. The interested reader is referred for more information to any physics or acoustic reference book, or the works referred to herein. 3.3.3 Measuring the Loudness of Sound The weakest intensity of sound a health human ear can detect has an amplitude of 20 millionths of a Pascal5 (20 gl?a). The loudest sound the human ear can tolerate, the threshold of pain, has an amplitude one million times larger, or 200,000,000 gPa. The range of sound intensity between the faintest and the loudest audible sounds is so large that sound pressures are expressed 5Other units used to represent an equivalent sound pressure include 0.0002 #bar, 0.0002 dyne/cm2, and 20 ~zN/m2. DRAFF: DO NOT CITE OR QUOTE 29 15 September 1999 using a logarithmically compressed scale, termed the decibel (dB) scale. The decibel is simply a unit of comparison between two sound pressures. In most cases, the reference sound pressure is the acoustical zero, or the lower limit of hearing. The decibel scale converts sound pressure levels (SPL) to a logarithmic scale, relative to 20/~Pa. SPL, dB = 10 loglo (P2/Po2) Where P is the pressure fluctuation in Pascals, Po is the reference pressure; usually 20 ~Pa. (Insert figure illusti-ating the relationship between Pa, riB, and qualitative measures) Thus, from this relationship, each doubling of sound pressure levels results in an increase of 6 riB. From the relationship, above, between sound intensity and distance, we find also that doubling the distance between the speaker (source) and listener.(receiver), drops the level of the sound by approximately 6 riB. Sound pressure levels are not directly additive, however, but must first be expressed as mean square pressures before adding (WHO 1980). The equation is as follows: SPL = 10 loglo [lOSW~/1° + 10sw~jl°_ + ....+ 10SV~x/~°] For example, if two sound sources have SPLs of 80 dB and 90 dB, then the resulting sound pressure is 90.4 dB: SPL = 10 log10 [108 + 109] = 90.4 dB Adding two sounds with the same SPL, for example 90 riB, increases the total SPL by 3 dB, for example to 93 dB. 3.3.3.1 Loudness description. Sound pressure level, however, does not completely describe loudness, which is a subjective perception of sound intensity. Loudness increases with DRAFT: DO NOT CITE OR QUOTE 30 15 September 1999 intensity, but is also dependant on frequency. Thus the human ear may not perceive a six dB increase as twice as loud. In general, people are more sensitive to sounds in the middle of the range of hearing, from around 200 Hz to 5000 Hz. Fletcher and Munson (1933) first established the 1000-Hz tone as the standard sound against which other tones would be judged for loudness. Later, Stevens (1955) proposed that the unit of loudness be termed the sone, and that one sone be ascribed to a 1000-Hz tone set at a SPL of 40 dB under specified listening conditions. On the sone scale, a sound twice as loud as one sone would be two sones, four times as loud would be four sones, and so on. Equal loudness contours, identified in units of phons, demonstrate how the SPL, in dB, of a tone must be varied to maintain the perception of constant loudness. Ideally, sound measurement meters would give a reading equal to loudness in phons, but because phons are based on human perception, and perception process will vary from individual to individual, this is notpractical for most purposes. While standards for measurement in phons have been developed, they are only used under specific circumstances when high precision is required (WHO 1980). For practical, purposes, loudness is recorded in decibels, and measured by applying a filter that weights sound pressure level measurements as a function of frequency, approximately in accordance with the frequency response characteristics of the human ear. Several weighting systems have been developed, but the one in most common use is the A- weighted filter. The A-filter provides the highest correlation between physical measurements and subjective evaluations of the loudness of noise. EPA’s Office of Noise Abatement and Control recommended A-filter weighting to describe environmental noise because it is "convenient to use, accurate for most purposes, and is used extensively throughout the world (EPA 1979)." Levels are commonly expressed as dBA. DRAFT: DO NOT CITE OR QUOTE 31 15 September 1999 3.3.3.2 Sound level measurement. The American National Standards Institute, Inc. (ANSI) has developed a method for measuring the sound levels from leaf blowers. The purpose of the standard method is to establish sound level labeling requirements for leaf blowers applicable to noise received by bystanders. The standard also includes requirements for safety precautions to be included in manuals for use by operators (ANSI 1996). The ANSI standard specifies a test area in a field in which natural ground cover does not exceed three inches in height and which is free of any large reflecting surfaces for a minimum of 100 ft from the blower (see Appendix F). The sound level meter must be set for slow response and the A-weighting network. Once the blower is adjusted and running properly, the receiver (microphone) is set up 50 ft from the operator and 4 ft above ground. Sound level readings are taken in a circle every 45 degrees for a total of eight readings, as either the operator rotates or the microphone is moved. The eight readings are then averaged and reported to the nearest decibel. Although in wide use, the method has been criticized as sometimes generating unreproducible results. Typical comments expressed in meetings with ARB staff were to the effect that the manufacturer-reported sound levels for leaf blowers are often lower than those obtained by some third party testers. Indeed, Consumer’s Union, which tests products and publishes Con~tmer Reports, reported in its April 1997 issue that the Echo PB46LN, which Echo lists as a quiet 65 dBA, tested at 69.5 dBA, only slighty quieter than most other leaf blowers (Consumer Reports, 1997a). This issue has prompted the industry to reexamine the ANSI standard, and it is in the process of being revised (Dunaway 1999). Other comments about the method criticize the fundamental requirements for testing in an open field, with no reflecting surface for 100 ft, and the receiver 50 ft away, as being unrealistic and unrepresentative of real-world use (Allen 1999). DRAFT: DO NOT CITE OR QUOTE 3 2 15 September 1999 While the ANSI method yields sound level exposures for a bystander, the noise level exposure for the operator is measured using an audiodosimeter. For occupational exposures, the dosimeter reports the noise dose as a percentage relative to the permissible exposure level of 90 dBA (8 CCR General Industry Safety Orders, Article 105, Appendix A; 29 CFR §1910.25). The eight-hour time-weighted average sound level experienced by the worker is then calculated from the dose, using a formula specified in regulations. Additional specifications can be found in the OSHA and Cal/OSHA Technical Manuals.6 3.3.4 Noise in California 3.3.4.1 Noise Sources. The major sources of noise today are likely the same as they were twenty or more years ago when the U.S. EPA reported that the dominant sources for outdoor noise in urban residential settings were motor vehicles, aircraft, and voices (U. S. EPA 1974). In order to the examine the sources of noise impacting the American population, the U.S. EPA contracted for a study of noise and the number of people exposed to noise. The study focused on man-made mechanical noises, excluding other human voices and animals. The results ranked major sources, by number of people exposed, as road traffic, aircraft, construction, railroads, and industrial equipment and activities (U.S. EPA 1981b). 3.3.4.2 Numbers of People Potentially Exposed: the Public. It is not possible to state with any certainty how many ~people in California are exposed to noise from leaf blowers. Indeed, the most recent nationwide estimate of the number of people exposed to noise from various sources dates from 1981. In that study, the U.S. EPA estimated that 730,000 people were 6OSHA’s Technical Manual is available on their website (www.osha.gov) and noise measurement is in Section I~ Chapter 5. Cal/OSHA’s manual is available from Cal/OSHA directly. DtLa._FT: DO NOT CITE OR QUOTE 33 15 September 1999 exposed to noise from leaf blowers above the day-night average sound level of 45 dBA (U.S. EPA 1981). The use of leaf blowers has grown since 1980, however, and thus these numbers cannot be scaled for an estimate of the number of Californians exposed to leaf blower noise today. As California’s population has grown almost 41% since 1970 (CDF 1998, CDF 1999), population density, and thus noise exposure, has increased. California classifies counties as being metropolitan or non-metropolitan, based on the Bureau of the Census’s categorization of standard metropolitan statistical areas as containing or being close to a large city. As of January 1, 1999, the thirty-four metropolitan counties comprise 96.7% of California’s population, or about 32.67 million people. The population of Californians who live in non-metropolitan counties, while small at 3.3% of the total, or 1.11 million people, has increased faster than the population in metropolitan counties (47.1% increase versus 40.5% increase, 1970-1999) and thus even noise exposures in the lowest populated counties have likely increased over the past thirty years. Unfortunately, without a comprehensive and current survey of noise exposures in California, it is not possible to determine, from available data, how many Californians are exposed to noise, and in particular exposed to noise from leaf blowers. The only conclusion is that the number of people affected by noise is likely increasing as population density increases even in non-metropolitan areas of the state. How many people are exposed to, and annoyed by, noise from leaf blowers is a question for future research. 3.3.4.3 Numbers of People Potentially Exposed: the Operator. One can assume that all gardeners are exposed to the noise from leaf blowers, either as an operator or from worldng in close proximity to the operator. From the California database of employees covered by unemployment insurance, in the fourth quarter of 1998 there were 59,489 workers reported by DR_a_FT: DO NOT CITE OR QUOTE 34 15 September 1999 6790 firms, in the SIC Code 0782, Lawn and Garden Services (M. Rippey, pers. comm). This number is assumed to be the lower bound of those exposed, as there are likely many workers employed in the underground economy, who neither report their earnings nor are covered by unemployment insurance. Future research could test the hypothesis that all lawn and garden service workers are exposed, as operators or from working in close proximity, to the noise from leaf blowers. 3.3.5 Regulating Noise 3.3.5.1 Federal Law. The Noise Control Act of 1972 established a statutory mandated national policy "to promote an environment for all Americans free from noise that jeopardizes their public health and welfare." The Office of Noise Abatement and Control was established within the EPA to carry out the mandates of the Noise Control Act. The Office of Noise Abatement and Control published public health and welfare criteria; sponsored an international conference; examined dose-response relationships for noise and its effects; identified safe levels of noise; promulgated noise regulations; funded research; and assisted state and local offices of noise control; until it was defunded in 1981 and 1982 by the Reagan administration (Surer 1991; Shapiro 1991). In its almost ten years of operation, EPA produced several documents that are still relevant, if dated, today. The heating of workers is protected by regulations promulgated under the Occupational Safety and Health Act of 1970. As California employers fall under California’s equivalent program, hearing protection law will be covered below under state law. 3.3.5.2 .State.La~. California.enactedthe .Noise.Control Act of 1973 to "establish a means for effective coordination of state activities in noise control and to take such action as DILtkF’I’: DO ,NOT.CITE, OR QUOTE 3 5 15 .Se, ptemhm" 1999 will be necessary..." [HSC §46000(g)]; the office was established within the Califomia Department of Health Services. One of the primary functions of the office was to provide assistance to local governmental entities that develop and implement noise abatement procedures, and several guidelines were written. The office, however, was defunded by statute beginning in the 1993-1994 fiscal year. Very little remains of the office, and no guidelines were obtained or suggested as relevant for this report. California’s counterpart to OSHA, the Cal/OSHA, has a General Industry Safety Order [8 CCR Article 105 §5095-5100] for the control of noise exposure that is very similar to the federal OSHA regulations. Employers are required to provide employees with heating protection when noise exposure exceeds 90 dBA in an eight-hour work day; as noise levels increase, the allowable exposure duration also decreases. The permitted duration for an employee exposed to 103 dBA, for example, is one hour and nineteen minutes in a work day [8 CCR §5096 .(a)(b)]. Employers are allowed to use personal protective equipment to reduce sound level exposures if administrative or engineering controls are not feasible or fail to reduce sound levels within permissible levels. When sound level exposure exceeds 85 dBA for an 8-hour time-weighted average, employers are required to provide a hearing conservation program at no cost to employees. The hearing conservation program includes audiometric testing of heating, provision of hearing protectors, training, and record keeping. 3.3.5.3 Local Ordinances. In contrast to the low level of activity on noise control at the federal and state levels, local California dries and counties have been very active in regulating and enforcing noise standards. About twenty cities have banned the use of gasoline- powered, or gasoline- and electric-powered leaf blowers, from use within their city limits (City of DRAFT: DO NOT CITE OR QUOTE 36 15 September 1999 Palo Alto 1999). If you include the City of Los Angeles, which has a very restrictive ordinance that works like a ban, about 13% of Californians live in cities that ban the use of leaf blowers, and six of the ten largest California cities have ordinances that restrict or ban leaf blowers. All together, about one hundred California cities have ordinances that restrict either leaf blowers all gardening equipment generally, including the cities with bans on leaf blowerspecifically or use. The restrictions on leaf blowers fall into four basic categories, with many cities employing a combination of approaches: time of day/day of week, noise levels, specific areas, and educational (City of Palo Alt0 1999). Time of day/day ofweek ordinances are the most common and are used to control when leaf blowers can be operated. Typically, hours of use are restricted to times between 7:00 a.m. and 7:00 p.m., and days of use are either Monday through Friday or Monday through Saturday, and sometimes including Sunday, with shorter hours on the weekend, based on the assumption that leaf blower noise is most offensive during the evening and night time hours, and on the weekend. There may be exceptions for homeowners doing their own yardwork and for work in commercial areas. Time of day/day of week ordinances are relatively easy to enforce. A problem with these ordinances, however, is that they ignore the needs for quiet during the day of babies, young children, and their caretakers; day-sleepers; the ill; the retired; and a growing population of those who telecommute. Some cities regulate leaf blower use based on noise levels recorded at a specified distance from the operator. Palos Verdes Estates and Davis, for example, set the noise level at 70 dBA at 50 f-t, and Newport Beach and San Diego have a 65 dBA at 50 ft restriction. Davis allows single- family homeowners to avoid the restriction if the leaf blower is operated for less than ten minutes. D1LA_FT: DO NOT CITE OR QUOTE 3 7 15 September 1999 Palos Verdes Estates requires blowers to be tested and certified by the city. Otherwise, a noise level restriction is very difficult to enforce as it would require the enforcement officers to carry and be trained in the use of sound level meters. These rules target the control of noise from blowers, and, if effectively enforced could protect those who are home during the day and thus are not protected by the time of day/day of week ordinances. Recognizing that leaf blowers are often perceived as most offensive when used in residential areas, many cities stipulate usage restrictions only in residential areas, or within a certain distance of residential areas. The distance restrictions prohibiting the use of leaf blowers range from 100 ft, in Foster City, to 500 ft, in Los Angeles, from residential areas. This type of ordinance protects those who are at home and in need of quiet during the day, but does not address issues of those who work and recreate in commercial or other non-residential areas. Cities sometimes couple area restrictions with user guidelines, such as prohibitions on blowing debris onto adjacent properties, and require operators be educated on the proper use of leaf blowgrs so.as.to minimize.noJ_~ levels~ud.emvironmental issues. These educational approaches are generally not oriented towards enforcement, but seek to change operator behavior. Educational approaches are often endorsed by landscapers and manufacturers, who believe that much of the discord over leaf blower usage originates with the few gardeners who use them incorrectly or inconsiderately. For example, an organization calling itself "LINK" or "Landscapers Involved With Neighborhoods and Kids" promotes educating operators to use their leaf blowers at half-throttle within 150 ft of homes (LINK 1999). 3.3.6 Noise From Leaf Blowers DRAFT: DO NOT CITE OR QUOTE 3 8 15 September 1999 In a survey of Southern Californian gardeners by a consumer products manufacturer (Anon 1999), the top three ranked attributes of a desirable leaf blower were, in order, powerful, quiet, and light-weight. Important features were identified as "backpack mounted," "noise below legal limits," and "variable speed." When asked what they don’t like about their leaf blowers, the most commonly cited problem was "noise." Taken together, these answers suggest that loud noise from leaf blowers is not only an issue for the public, but is also a major issue of concern for the gardeners who use them. Manufacturer-reported noise levels from leaf blowers are summarized in Appendix G; all reported noise levels are assumed to have been measured following the ANSI standard method, with the receiver 50 ft from the blower. The reported levels are based on personal communications with manufacturers, trade association representatives, or statements in promotional literature. Although the manufacturers do not report personal exposure data for the operator, the instruction manuals received with leaf blowers, do suggest that the operator wear hearing protection at all times. 3.3.6.1 Bystander noise exposure. For backpack and hand held blowers, sound levels range from a reported relatively quiet 62 dBA to a very noisy 75 dBA. Beating in mind the logarithmic decibel scale, the difference in a leaf blower at 62 dBA and one at 75 dBA, a 13 dBA range, represents more than a quadrupling of the sound pressure level, and would be perceived by a listener as two to four times as loud. The rule of thumb is that, while each six dB increase or decrease represents a doubling Of sound pressure level, the listener will perceive a ten dB increase as twice as loud (MPCA 1987). DRAFT: DO NOT CITE OR QUOTE 39 15 September 1999 There are presently three gasoline-powered backpack leaf blowers that are reported by their manufacturers to be very quiet: the Echo PB46LN (65 dBA), the Maruyama BL4500SP (62 dBA), and the Toro BP6900 (62 dBA). For backpack leaf blowers, Echo sells slightly under one- third of the total number of backblowers sold. In 1996, the most popular Echo backpack leaf blower, based on sales, was the Echo PB-400E, one of the noisiest at 74 dBA. By 1999, however, the quieter PB46LN had surpassed the PB-400E in sales (Will, L., pers. com.). These data are not surprising especially as the purchasers are presumably the same professionals who identified noise as one of their biggest issues in the survey discussed above. The range of reported sound levels for hand held blowers is roughly the same as for back pack blowers, from 63 dBA to 75 dBA. The. quietest hand held models are electric-powered: the RedMax ’°Vr0om," at 63 dBA, and the Stihl BGE 60, also at 63 dBA. Some manufacturers, such as Husqvama, Stihl, Ryobi, and Toro, did not report the sound levels of most of their models in materials available to the ARB. Perhaps because the low noise models represent a great leap in noise control, the manufacturer reported levels have been challenged. The Echo PB46 LN was the first quiet leaf blower on the market, and its claim to be the quietest backpack blower was tested by Consumer’s Union, the publisher of Consumer Reports. As mentioned earlier, the sound level reported in Consumer Reports (1997) was 69.5 dBA, only slightly quieter than many other models on the market at the time. The City of Palo Alto (1998a, and Johnson, L., Palo Alto, pers. comm) tested the Echo PB46 LN and several other leaf blowers. In their study, the Echo PB46 LN tested at 70 dBA and the Maruyama BL 4500 SP tested at 69 dBA. However, the noisy Echo PB-400E, reported by the manufacturer at 74 dBA, also tested noisier at 77.6 dBA. Based on the City of DRA~: DO NOT CITE OR QUOTE 40 15 September 1999 Palo Alto tests, then, the "quiet" leaf blowers were about half as loud as the "noisy" blower. Manufacturers are now discussing having their sound testing conducted by an independent third party, at least in part to address the concerns about differences between test results, in addition to revising the ANSI test method, as mentioned earlier. 3.3.6.2 Operator Noise Exposure. Noise levels at the leaf blower operator’s ear were not made available to the Air Resources Board by manufacturers and little has been published on leaf blower noise exposure. The League for the Hard of Hearing (1999) publishes a fact sheet in which the noise level of a leaf blower is listed as 110 dBA. Clark (1991) reported that one model by Weedeater emitted a maximum level of 110-112 dBA and an equivalent A-weighted sound level (L ~q) of 103.6 dBA. This leaf blower model, however, is no longer available and these data may not be comparable to today’s leaf blowers. A more current study of leaf blower noise was located. Schulze and Lucchesi (1997), in an unpublished conference presentation, reported the range and average sound pressure level from four leaf blowers. The four leaf blowers were unidentified models from Craftsman, Weedeater, and Shop Vac.7 The authors reported that 3 ft from the leaf blower, the SPLs ranged from 80 to 96 dBA, with an average value of 88 dBA, and concluded that leaf blower noise did not violate the OSHA permissible noise exposure limit. Given an average of 88 dBA and high of 96 dBA, however, it is more likely that at least two or three of the leaf blowers were measured at above 85 dB& the Cal/OSHA action level for a hearing conservation program. At least one &the leaf blowers had an SPL above the Permissible Exposure Limit of 90; at 96 dBA, the operator would 7ARB was not able to obtain the specific models tested or actual SPLs for each model leaf blower. DILa.FT: DO NOT CITE OR QUOTE 4 1 15 September 1999 be restricted to a 3 hr, 29 minute daily exposure without hearing protection. These results suggest that operators are probably exposed to noise levels above the Cal/OSHA action levels or permissible exposure limits. In the absence of additional empirical data, noise exposures for operators can be estimated based on manufacturer-provided data on SPLs at 50 fl from the blower by applying the rule that each halving of the distance increases the sound pressure level by six decibels. It is reasonable to assume that the distance from the backpack blower to the operator’s ear is between nine and 18 inches, and three feet is a good approximation &the distance from the operator’s ear to the noise source for a hand held unit. Using this relationship, we calculate that an operator using a backpack leaf blower with a reported 75 dBA level at 50 t~ would be exposed to maximum sound levels of 105 to 111 dBA. These exposure levels would restrict the operator without hearing protection to daily use of one-half to one hour. See Table 7 for additional examples: Table 6. Sound Levels Exposures for Operator Sound Level At 3.125 ft At 1.56 ft At 0.78 ft at 50 ft, dBA (37.5 in),(18-19 in),(9 in), dBA dBA dBA 65 89 9_5 101 70 94 100 106 75 99 105 111 Finally, the Echo Power Blower Operator’s Manual advises operators to wear hearing protection whenever the unit is used. The user is instructed that "OSHA requires the use of hearing protection if this unit is used 2 hours per day or more." This statement indicates that the operator would be exposed to an SPL of 100 dBA or more during use. D1LA.FT: DO NOT CITE OR QUOTE 42 15 September 1999 3.3.7 Use of Hearing Protection No study was found that documented the incidence of heating protection usage among operators of leaf blowers. Heating protectors are widely available, and some manufacturers provide an inexpensive foam ear plug set with the purchase. More expensive custom molded ear plugs and ear muffs provide better protection than the moldable foam ear plugs, but again no data were available on usage. Two studies did examine the incidence of usage of hearing protection in other industries. In one study of 524 industrial workers, although 80.5% were provided with hearing protection devices, only 5.1% wore them regularly (Maisarah & Said 1993). In another study of metal assembly workers who worked in a plant where the average noise level was 89 dBA, only 39% of the men reported wearing hearing protection always or almost always (Talbott, et al. 1990). 3.3.8 Summary of Noise Emissions While millions of Californians are likely exposed to noise from leaf blowers as bystanders, given the ubiquitousness of their use and the increasing density of California cities and towns, there is presently no way of knowing for certain how many are actually exposed, given the lack of studies. In contrast, it is likely that approximately 60,000 lawn and garden workers, are daily exposed to the noise from leaf blowers. While anyone operating a leaf blower for more than 1-2 hrs daily should be using hearing protection, it is unlikely that even half of those exposed to noise over 100 dBA are protecting their heating. Gardeners and landscapers, however, are very aware that noise is a problem, but perhaps they see it more as a hinderance to their ability to do their work, given that at least 100 cities in California ban or restrict the use of leaf blowers. Thus, purchases of quieter leaf blowers, based on manufacturer data, are increasing. Unfortunately, DRAFT: DO NOT CITE OR QUOTE 43 15 September 1999 many models intended for the do-it-yourself homeowner are not as quiet as the commerical backpack models, and models targeted for the homeowner market usually do not advertise their noise rating. DRAFT: DO NOT CITE OR QUOTE 44 15 September 1999 4.0 REVIEW OF HEALTH EFFECTS Leaf’blower noise, exhaust and fugitive dust emissions, as discussed in previous sections of this report, are health concerns. Following is a discussion of health effects of particulate matter, carbon monoxide, unburned fuel, and noise. Particulate matter, carbon monoxide, and unburned fuel are part of exhaust emissions; particulate matter is also the major component of fugitive dust. Ozone is a pollutant that is formed in the atmosphere through chemical reactions of hydrocarbons (unburned fuel) and nitrogen oxides in the presence of ultraviolet light. Although not directly emitted, ozone is a pollutant of concern because leaf blowers emit hydrocarbons, which react to form ozone. The health effects of nitrogen oxides are not discussed as emissions from leaf blowers are relatively low, and any health effects would be negligible. National Ambient Air Quality Standards have been set by the federal government to protect public health and welfare. In addition, California has State ambient air quality standards. These standards include a margin of safety to protect the population from adverse effects of pollutant exposure. The National Ambient Air Quality Standards and California standards are intended to protect certain sensitive and probable risk groups of the general population (Appendix C). 4.1 Particulate Matter Health Effects Airborne PM is not a single pollutant, but rather is a mixture of many subclasses of pollutants with each containing many different chemical species OA.S. EPA 1996). Particles of 10 microns ~m) and smaller are inhalable and abl~ to deposit and remain on airway surfaces. The smaller particles (2.5 ~m or less) are able to penetrate deep into the lungs and move into intercellular spaces. The respirable particles owe their negative health impacts in part because of DRAFT: DO NOT CITE OR QUOTE 45 .15 September 1999 their long residence time in the lung, allowing chemicals time to interact with body tissues. ARB staff could not locate data on the specific chemical and physical make-up of leaf blower dust, thus only generic effects from the respirable fraction (particles 10/2m and smaller) are addressed. Many epidemiologic studies have shown statistically significant associations of ambient PM levels with a variety of negative human health endpoints, including mortality, hospital admissions, respiratory symptoms and illness measured in community surveys, and changes in pulmonary mechanical function. Associations of both short-term, usually days, and long-term, usually years, PM exposure with most of these endpoints have been consistently observed. Thus, the public health community has a great deal of confidence in the conclusions of the many studies that PM is significantly associated with negative health outcomes. There remains uncertainty, however, regarding the magnitude and variability of risk estimates for PM; the ability to attribute observed health effects to specific PM constituents; the time intervals over which PM health effects are manifested; the extent to which findings in one location can be generalized to other locations; and the nature and magnitude of the overall public health risk imposed by ambient PM exposure. While the existing epidemiology data provide support for the associations mentioned above, understanding of underlying biologic mechanisms is incomplete (U.S. EPA 1996) 4.2 Carbon Monoxide Health Effects Carbon monoxide (CO) is a colorless, tasteless, odorless, and nonirritating gas that is a product of incomplete combustion of carbon-containing fuels. With exposure to CO, subtle health effects can begin to occur, and exposure to very high levels can result in death. The public health significance of CO in the air largely results from CO being absorbed readily from the lungs into DRAFT: DO NOT CITE OR QUOTE 46 15 September 1999 the bloodstream, forming a slowlyreversible complex with hemoglobin, known as carboxyhemoglobin. The presence of significant levels of carboxyhemoglobin in the blood reduces availability of oxygen to body tissues (U.S. EPA 1999c). Symptoms of acute CO poisoning cover a wide range depending on severity of exposure, from headache, dizziness, weakness, and nausea, to vomiting, disorientation, confusion, collapse, coma and at very high concentrations, death. At lower doses, central nevous system effects, such as decreases in hand-eye coordination and in attention or vigilance in healthy individuals have been noted (Horvath et al. 1971, Fodor and Winneki 1972, Putz et al. 1976, 1979, as cited in U.S. EPA 1999c). These neurological effects can develop up to three weeks after exposure and can be especially serious in children. National Ambient Air Quality Standards have been set to protect public health and welfare (see Appendix C for a listing) and are intended to protect certain sensitive and probable risk groups of the general population. The sensitive and probable risk groups for CO include anemics, the elderly, pregnant women, fetuses, young infants, and those suffering from certain blood, cardiovascular, or respiratory diseases. People currently thought to be at greatest risk from exposure to ambient CO levels are those with ischemic heart disease who have stable exercise- induced angina pectoris (cardiac chest pain) (ARB 1992a, U.S. EPA 1999c). 4.3 Unburned Fuel Health Effects Some toxic compounds are present in gasoline and are emitted to the air when gasoline evaporates or passes through the engine as unburned fuel. Benzene, for example, is a component of gasoline. Benzene is a human carcinogen and central nervous system depressent (ARB 1997b). The major sources of benzene emissions in the atmosphere are from both unburned and burned DRAFT: DO NOT CITE OR QUOTE 47 15 September 1999 gasoline. The amount of benzene in gasoline has been reduced in recent years through the mandated use of California Reformulated Gasoline (ARB undated fact sheet, on the Internet at: http://arbis.arb.ca.gov/cbg/pub/cbgbkgrl .htm). Other toxic compounds that are emitted from vehicle exhaust incluce formaldehyde, acetaldehyde, and 1,3-butadiene. Acetaldehyde is a probable human carcinogen (Group B2) and acute exposures lead to eye, skin, and respiratory tract irritation (ARB 1997b). 1,3-Butadiene is also classified as a probable human carcinogen, is mildly irritating to the eyes and mucous membranes, and can cause neurological effects at very high levels (ARB 199To). Formaldehyde is highly irritating to the eyes and respiratory tract and can induce or exacerbate asthma. It is also classified as a probable human carcinogen (Group B1) (ARB 1997b). As with benzene, emissions of these toxic air contaminats from gasoline exhaust have been reduced by the use of California Reformulated Gasoline. 4.4 Ozone Health Effects Ozone is a colorless, odorless gas and is the chief component of urban smog. It is by far the state’s most persistent and widespread air quality problem. Ozone is formed from the chemical reactions of hydrocarbons and nitrogen dioxide in the presence of sunlight. Leaf blowers emit substantial quantities of hydrocarbons, .primarily from unburned fuel, which can react to form ozone. Ozone is a strong irritant and short-term exposures over an hour or two can cause constriction of the airways, coughing, sore throat, and shormess of breath. Ozone exposure may aggravate or worsen exisitng respiratory diseases, such as emphysema, bronchitis, and astham. Chronic exposure to ozone can damage deep portions of the lung even after symptoms, such as coughing, disappear. Over time, permanent damage can occur in the lung, leading to reduced lung capacity. DRAFT: DO NOT CITE OR QUOTE 48 15 September 1999 4.5 Noise Health Effects The literature on health effects &noise is extensive. In this section of the report, staff have relied heavily on the reports by the U.S. EPA (1974, 1978, 1979, 1981a), the National Institutes of Health Consens Statement (NIH 1990), a review article by Alice Surer (1991), an edited book on the biological effects of noise (Prasher and Luxon 1998), and Karl Kryter’s handbook of noise (1994), in addition to original research articles. In summary, exposure of adults to excessive noise results in noise-induced heating loss that shows a dose-response relationship between its incidence, the intensity of exposure, and duration of exposure; and noise-induced stimulation of the autonomic nervous system, which reportedly results in high blood pressure and cardiovascular disease (AAP 1997). In addition there are psychological effects. The following subsections will first discuss noise-induced heating loss, followed by impacts on the fetus and newborn, then physiological stress-related effects. Finally, we will discuss impacts on sleep, communication, effects of performance and behavior, annoyance, and effects on wildlife and farm animals. These are not perfect divisions between discreet affects: sleep-deprivation, for example, can lead to stress, elevated blood pressure, and behavioral changes; psychological effects lead to physiological changes, especially if the annoyance is repeated and uncontrollable. But first, before discussing effects, the reader should have an understanding of how the ear functions. 4.4.1 Hearing and the Ear A detailed discussion of the ear’s anatomy and the mechanism by which we hear is beyond the scope of this report, but a basic level of understanding is necessary so that later discussions of DRAFI’: DO NOT CITE OR QUOTE 49 15 September 1999 damage to hearing will be better understood. For further information, the reader is referred to any basic acoustics or biology text. The ears are paired sensory organs that serve two functions, to detect sound and to maintain equilibrium; only sound detection will be addressed in this report. The ears are composed of the external ear, middle ear, and the inner ear. With the assistance of the external ear in collecting and focusing sound, vibrations are transmitted to the middle ear via the ear canal and the eardrum. The vibrations of the eardrum are transmitted by the bones of the middle ear to the fluid-filled sensory organof the inner ear, the cochlea. As the fluid of the inner ear vibrates, the hair cells located in the cochlea bend, stimulating sensory receptors, and leading to nerve impulses being transmitted to the brain via the auditory nerve. The greater the hair cell displacement, the more sensory receptors and neurons are stimulated, resulting in the perception of an increase sound intensity. Hearing loss can result from damage or growths in any portion of the ear and the part of the brain that processes the nerve impulses. Damage to the outer and middle ear result in "conductive" heating loss, in which case the vibrations could still be perceived and processed if they can be transmitted by another means to the inner ear. Damage to the inner ear and auditory ¯ nerve result in "sensorineural" heating loss. Sensorineural heating loss can be temporary, if the body’s mechanisms can repair the damage, but cumulative inner ear damage will result in permanent hearing loss. Aging, diseases, certain medications, and noise cause the majority of sensorineural hearing loss, which is not reversible by surgery or medication, and is only partially helped by hearing aids. 4.4.2 Noise-Induced Hearing Loss DRAFT: DO NOT CITE OR QUOTE 50 15 September 1999 Roughly 25% of all Americans aged 65 and older suffer from heating loss. Contrary to common belief, heating loss is not part of the natural aging process, but is caused by preventable, noise-induced wear and tear on the auditory system (Clark and Bohne 1999). Noise-induced hearing loss develops gradually over years and results from damage to the inner ear. Sensory cells within the cochlea are killed by exposure to excessive noise. These cells do not regenerate but are replaced with scar tissue. After weeks to years of excessive noise, the damage progresses to the point where hearing loss occurs in the high-frequency range and is detectible audiometrically; speech comprehension is not usually affected and so at this level hearing loss is usually not noticed by the individual. Finally, with continued exposure, the heating loss spreads to the lower pitches necessary to understand speech. At this point, the impairment has proceeded to the level of a handicap and is quite noticeable. The damage, however, is not reversible and is only poorly compensated for by heating aids. There is considerable variability among individuals in susceptibility to heating loss. Based on major field studies conducted in the late 1960s and early 1970s, the U.S. EPA suggested that a 24-hour equivalent sound level of 70 dBA would protect 96% of the population, with a slight margin of safety, from a heating loss of less than five dBA at 4000 Hz (U.S. EPA 1974). This 24- hour, year-round equivalent sound level is based on a forty-year work-place noise level exposure (250 working days per year) of 73 dBA for eight hours and 60 dBA for the remaining 16 hours. The National Institute for Occupational Safety and Health reviewed the recommended occupational noise standard more recently (NIOSH 1996) and reaffirmed its recommended exposure limit of 85 dBA for occupational noise exposure. The report concluded that the excess risk of developing occupational noise-induced hearing loss for a 40-hr lifetime exposure at 85 DRAFT: DO NOT CITE OR QUOTE 5 1 15 September 1999 dBA is 8%. In comparison, the OSHA regulation [29 CFR §1910.95] allowing a 90 dBA permissible exposure limit results in a 25% excess risk of developing hearing loss. The OSHA regulation, however, has not been changed to reflect the recommendation of the National Institute for Occupational Safety and Health. NIOSH also recommended changing the exchange rate, which is the increment of decibels that requires the halving or doubling of exposure time, from the OSHA mandated 5 dBA to 3 dBA. This would mean that if the worker was permitted to be exposed to 85 dBA unprotected for 8 hr, then a noise exposul;e level of 88 dBA would be limited to 4 hr per day. The 3-dBA exchange rate is supported by acoustics theory, and by national and intemational consensus. OSHA, however, continues to mandate the 5 dBA exchange rate in its regulations. 4.4.3 Effects on the Fetus and Newborn The human cochlea and peripheral sensory end organs, which make up the ear, complete their normal development by 24 weeks of gestation (AAP 1997). The sense of hearing matures from that point as the nervous system matures. Sound transmits well through the watery environment of the uterus, and thus the fetus is exposed to noise throughout the second half of its development. Studies have found that exposure to excessive noise during pregnancy, such as received when the mother’s occupation exposes her to noise, may result in .high-frequency hearing loss in newborns, and may also be associated with prematurity and low birth weight. For newborns, studies have found that exposure to noise in the Neonatal Intensive Care Unit may result in damage to the cochlea, and thus heating loss, and may disrupt normal growth and development of premature infants. DRAFT: DO NOT CITE OR QUOTE 52 15 September 1999 The American Academy of Pediatrics (1997) recommends further research to conclusively determine health effects of noise exposure on pregnant women and their fetuses and infants. Pediatricians are encouraged to screen infants for noise-induce hearing loss when their mothers are occupied in jobs that require the wearing of protective hearing devices. The Academy asks the National Institute of Occupational Safety and Health to conduct research on noise exposure during pregnancy and recommends that the OSHA consider pregnancy when setting occupational noise standards. 4.4.4 Non-Auditory Pliysiologieal Response In addition to hearing loss, other physiologic and .psychologic responses resulting from noise have been noted and are termed "non-auditory" effects. Noise is assumed to act as a non- specific biological stressor, eliciting a "fight or flight" response that prepares the body for action (Suter 1991). Noise could, therefore, cause multiple changes in the body’s autonomic nervous system and influence behavior. Research has, therefore, focusedon effects of noise on blood pressure and changes in blood chemistry indicative of stress. Despite decades of research, however, the data on effects are inconclusive. While many studies have shown a positive correlation between hearing loss, as a surrogate for noise exposure, and high blood pressure, many have shown no correlation (Surer 1991; Kryter 1994). Problems with conducting studies of the health of people working in noisy industries include the difficulty of controlling for variables that may also be correlated with the effect one is trying to correlate with noise exposure. Kryter (1994) highlights psychological variables that will also stimulate the autonomic nervous system. These include work conditions in a noisy industry, DRAF’I’: DO NOT CITE OR QUOTE 53 15 September 1999 which may be inherently unsafe, raising stress levels. In addition, the noise itself may interfere with the ability to carry out work, thus increasing a worker’s anxiety about work performance. Suter (1991) concludes her review of the evidence with the statement that "[m]ost effects appear to be transitory, but with continued ~xposure some effects have been shown to be chro~fic in laboratory animals. Probably the strongest evidence lies in the cardiovascular effects. However, many studies show adverse effects, while many other show no significant differences between expefimen*~a; ~-~ ....’~ ne ~auonm msmmes Ior occupauonal batety an~i Health (1996) has called for further research to define a dose-response relationship between noise and non-auditory effects, such as hypertension and psychological stress. 4.4.5 Interference with Communication The inability to communicate can degrade the quality of living directly, by disturbing social and work-related activities, and indirectly, by causing annoyance and stress. The U.S. EPA (1974), in developing its environmental noise levels, determined that prolonged interference with speech was inconsistent with public health and welfare. Noise that interfers with speech can cause effects ranging from slight irritation to a serious safety hazard (Surer 1991), and has been shown to reduce academic performance in children in noisy schools, as reviewed by Kryter (1994). The U.S. EPA (1994), therefore, developed recommended noise levels which are aimed at preventing interference with speech and reduced academic performance. An outdoor yearly average day- night sound level of55 dBA permits adequate speech communication at about 9-10 if, and also assures that outdoor noise levels will not cause indoor levels to exceed the recommended level of 45 dBA. 4.4.6 Interference with Sleep DRAFT: DO NOT CITE OR QUOTE 54 15 September 1999 It is common experience that sound rouses sleepers. Noise that occurs when one is trying to sleep not only results in repeated awakenings and an inadequate amount of sleep, but is also annoying and can increase stress. Noise that is below the level that awakens, however, also changes the sleep cycle, reduces the amount of"rapid eye movement" sleep, increases body movements, causes cardiovascular responses, and can cause mood changes and performance decreases the next day (Suter 1991). The U.S. EPA’s indoor average yearly day-night level of 45 dBA, which translates into a night time average sound level of 35 dBA, is thought to protect most people from sleep disturbance. An average sound level, however, does not adequately account for peak sound events that can awaken and disturb sleep. Continuous noise has a significantly smaller sleep disturbance effect than intermittent noise. Research has found that subjects in sleep laboratory experiments will gradually reduce the number of awakeni-ngs throughout the night in response to noise, but other physiological changes, including a momentary increase in heart rate, indicative of arousal do not change. The question is whether physiological arousal, short of awakening, has a negative health effect. While study results are inconclusive on this issue, it is clear that noise above a certain level, about 55 dBA L~q, according to Klyter, 1994, will awaken people, even after long periods of repeated exposures. Repeated awakenings reduce feelings of restedness and cause feelings of annoyance, leading to stress responses and associated health disorders. 4.4.7 Effects on Performance and Behavior The working hypothesis in this area has been that noise can cause adverse effects on task performance and behavior at work, in both occupational and non-occupational settings. Results of studies, however, have not always been as predicted. Sometimes noise actually improves DRAFT: DO NOT CITE OR QUOTE 55 15 September 1999 performance, and sometimes there are no measurable differences in performance between noisy and quiet conditions (Surer 1991). Kryter (1994) concluded that masking by noise of other auditory signals is the only inherent auditory variable responsible for observed effects of noise on mental and psychomotor tasks. A frequently-cited study comprising two experiments examined "helping behavior" in the presence and absence of noise. Mathews and Canon (1975) tested the hypothesis that high noise levels may lead to inattention to the social cues that structure and guide interpersonal behavior. In a laboratory study in which subjects did not know they were being studied, they found that fewer persons were willing to help someone who had "accidentally" dropped materials when background noise levels were 85 dB thah when they were 65 dB or 48 dB. In a subsequent field study, similar results were demonstrated with background noise from a lawn mower. Initially, subjects were tested as to their willingness to help a man who had dropped books and .papers while walking from his car to a house; in this test, helping behavior was low both in ambient (50 dB) and high (87 dB) noise conditions. When the test was repeated with a cast on the arm of the man who dropped the books, helping behavior was high under ambient noise (80%) and low under high noise (15%) conditions. These and other studies lead to the conclusion (Surer 1991) that even moderate noise levels can increase anxiety, decrease the incidence of helping behavior, and incrc, ase Ilae likeS~od afhastile heAaav~or. 4.4.8 Annoyance and Community Response Annoyance is measured as an individual response to survey questions on various environmental factors, such as noise (Suter 1991). The consequences of noise-induced annoyance are privately held dissatisfaction, publicly expressed com~plaints, andpossibly adverse health D~: DO NOT CITE OR QUOTE "56 15 September 1999 effects. Various U.S. govemment agencies began investigating the relationships between aircraft noise and its effect on people in the early 1950’s. On reviewing studies to date, the U.S. EPA concluded that there was no evidence of public complaints-if the average yearly day-night sound level was less than 50 dB CLI.S. EPA 1974). Fidelt et al. (1991) reveiwed and synthesized the relationship between transportation noise and the prevalence of annoyance in communities based on over 30 studies. The relationship is an exponentially increasing function, with less than 10% of respondents reporting themselves to be highly annoyed at noises Under an average day-night sound level of 56 dB. Fifty percent responded they were highly annoyed at sound levels approaching 79 dB, and nearly every person was highly annoyed at sound levels above 90 dB. Based on over 450 data points, the best-fit equation for the quadratic function was found to be: % highly annoyed = 0.036L~-~ -- 3.2645L~ + 78.9181. Suter (1991 ) concluded that throughout decades of study, community annoyance has been positively correlated with noise exposure level, and that although variables such as ambient noise level, time of day, time of year; location, and socioeconomic status are important, the most important variable is the attitude of the affected residents. Kryter (1994) further elaborates that interference by noise, and the associated annoyance, depends on the activity of an individual when the noise event occurs, and the intensity and duration of the noise. People have different beliefs about noise, which are also important. Those most annoyed share similar beliefs that the noise may be dangerous, is probably preventable, are aware that non-auditory effects are associated with the noise source, state they are sensitive to noise, and believe that the economic benefit represented by the source is not important for the community (Fields 1990). DRAFT: DO NOT CITE OR QUOTE 57 15 September 1999 4.4.9 Effects of Noise on Animals Kryter (1994) reviewed studies on the effects of noise both on wildlife and farm animals. None of these studies examine noise-induced heating loss, but rather looked at effectsof noise on litter size, prevalence of wildlife, and milk production. Most of the studies were conducted to examine the effects of airport noise, including noise from landings and takeoffs and sonic booms ¯ near commercial and military airports, and noise from construction activities during laying of pipelines across wilderness areas. Negative impacts on wildlife and farm animals, due to noise, were not supported by the studies. In the airport studies, the absence of human activities in the areas surrounding the high noise exposure zones appeared to be more important than noise, resulting in abundant wildlife. Farm animals exposed to frequent sonic booms showed little or no negative effects, again using such criteria as reproduction, milk production, and growth rate. DRAFT: DO NOT CITE OR QUOTE 58 15 September 1999 5.0 POTENTIAL HEALTH AND ENVIRONMENTAL IMPACTS OF LEAF BLOWERS Leaf-blower operators and bystanders have two different types of exposures to exhaust and fugitive dust emissions: exposures that occur on a regional basis and exposures that occur when one is within a short distance of the leaf blower. Regional exposures are those exposures to air pollution that occur as a result of leaf blowers contributing to the basin-wide inventory of ozone, carbon monoxide, particulates, and toxic air pollutants. While leaf blowers contribute a small percentage to the air basin-wide air pollution, they are nonetheless a source of air pollution that can be, and is, controlled through exhaust emission standards, as detailed in section 3.1.3. The second type of exposure is of greater concern. Lawn and landscape contractors, homeowners using a leaf blower, and those in the immediate vicinity of a leaf blower during and shortly after operation, are exposed to potentially high exhaust, fugitive dust, and noise emissions from leaf blowers on a routine basis. The ARB staff have not located much data on how often, how long and at what concentrations these exposures occur. The ARB off-road model assumes that each commercial leaf blower is used for 275 hr/yr, and each residential leaf blower is used for 10 hr/yr, which does not address the annual use of leaf blowers by the operator. A consumer products manufacturer (Anon. 1999), who asked to remain anonymous for this report, recently surveyed 100 lawn and landscape contractors in the Southern California area. The survey found that the average use of commercially-owned leaf blowers by operators was three hours per day. Assuming a five day work-week, then, the average commercial gardener, then, would use a leaf blower for 780 hours per year. No similar data were collected for homeowners doing their own work, however. As staff do not expect homeowners to possess D1L~’T: DO NOT CITE OR QUOTE 59 15 September 1999 more than one leaf blower at a time, unlike commercial gardeners who many own more than one leaf blower to ensure that they always have one available for work, the ARB estimate of 10 hr/yr usage per leaf blower is probably close to the annual operator exposure. Because of the highly speculative nature of the data on operator and bystander exposure time, staff have been unable to develop estimates of the quantifies of chemicals individuals could be exposed toper amount of time. Instead, impacts are presented somewhat qualitatively, with recommendations for appropriate personal protection or controls from hazards that staff have found to be significant. SO that the reader can better picture the magnitude Of different impacts for exhaust and fugitive dust emissions, staff have estimated the amount of still air the emissions from ten minutes of leaf blower operation would have to be mixed in to prevent a local, transitory exceedance of the relevant national ambient air quality standards. The PM standards, however, are not generally short term exposure standards, but have been selected as the best surrogate for short term exposure standards. The following estimates for exhaust and fugitive dust exposures, then, have no objective significance, in and of themselves, but are presented for comparative purposes. 5.1 The Worker In this section, data on impacts are presented thatapply to the commercial leaf blower operator, which is a person who regularly uses the leaf blower in the course of a landscaping or gardening job. Staff assume that a commercial leaf blower operator will use equipment with a higher horsepower than a residential, or hdmeowner, operator, and that most of the work will consist of operating the leaf blower in areas where the silt loading values are high. 5.1.1 Exhaust Emissions DRAFT: DO NOT CITE OR QUOTE 60 15 September 1999 The "typical" leafblower owned and operated by commercial lawn and landscape contractors, with an average horsepower of three and a load factor of 50%, will produce the emissions for a ten minute usage as shown in Table 7. Ten minutes is considered to be a reasonable estimate of the time it might take to clean an average yard. If’the actual usage is greater or less than ten minutes, the data presented in Table 7 can be adjusted accordingly. Table 7. Leaf Blower Emissions and Mixing Space for the Operator, 3 hp average and 50% load factor, 1999 . Exhaust Ten min. of Exhaust Amount of Mixing Emissions Emissions Space Necessary-to Not Exceed the NAAQS Hydrocarbons 199.25 g/hr 33.21 g NA9 Carbon Monoxide 423.54 g/hr 70.59 g 1777 m3 Particulate Matter 6.42 g/hr 1.07 g 7133 m3 Fugitive Dust ---102 g 680,000 m3 For CO, the 70.59 g emitted in ten minutes would require mixing in 1777 m3 air in order not to exceed the NAAQS 1 hr standard for CO of 35 ppm, assuming that all of the CO remains in the immediate area, and that the person being exposed breathes this air for 1 hour. The amount of air in 1777 m3 is comparable to the amount of air that would fill a cube 12.1 m, or 39.7 ft, on each side. As discussed above, this estimate does not permit a determination of the health impacts of the exposure to CO. These data, however, do suggest that the relatively large amount of CO emitted directly into the air space surrounding the operator could result in the inhalation of an SNational Ambient Air Quality Standard 9No relevant NAAQS exists for "hydrocarbons" as this is a catch-all category for many chemicals. DRAFT: DO NOT CITE OR QUOTE 61 15 September 1999 unhealthful dose. Staff recommends that further research is warranted to determine exposures and related health impacts from small, two-stroke engine emissions. For the PM10 that is directly emitted from exhaust emissions, the air space necessary for mixing in order not to exceed the 24-hour standard for PM10 is larger than that for CO, comprising an amount of air equivalent to a cube 19.2 m, or 63.2 ft, on each side. PM emissions from the blown dust, however, dwarf the PM emissions from exhaust. 5.1.2 Fugitive Dust For fugitive dust,ten minutes of use during commercial use would exposure the operator to significant amounts of PM (Table 7). A cube of air 88 m, or 288.4 ft, on each side would be equivalent to the 680,000 m3 of air that would be needed to dilute the PM10 sufficiently to avoid exceeding the 24-hour national ambient air quality standard. While leaf blower operators would not be expected to spend significant amounts of time within such a particulate cloud, the day-in- day-out exposure to this much PM10 could have serious health consequences in the long-term Short-term exposures of one to two days to high levels of PM can lead to coughing and minor throat irritation. Long-term exposures have shown statistically significant associations of ambient PM levels with a variety of negative human health outcomes, as discussed previously. These data strongly suggest that professional leaf blowers operators, and those regularly working within the envelope described above, should wear a face mask effective at filtering PM from the air. 5.1.3 Noise The potential health impacts of leaf blowers on workers from noise center on noise- induced heating loss. Two factors contribute to hearing loss in typical career gardeners: the high sound pressure levels emitted by leaf blowers at the level oft he operator’s ear, and the infrequent DILA&’T: DO NOT CITE OR QUOTE 62 15 September 1999 use of hearing protection. While we cannot calculate the percentage of workers who will experience noise-induced hearing loss without additional data, these two factors are likely responsible for hearing loss in a high percentage of workers, although they may not notice any hearing loss until many years have passed. Although no studies exist documenting hearing protection usage in gardeners, usage is low in other industries and there is no reason to assume gardeners behave differently. In addition to heating loss experienced by the worker, pregnant women operating leaf blowers put their fetuses at risk of developing hearing loss, and noise exposure may also lead to low birth weight and prematurity from the in-uterus exposure. No hearing protection program has been devised for the fetus. In order to reduce hearing loss, employers should require that employees use hearing protection. State and local health and enforcement agencies should promote heating protection in campaigns targeted at professional landscapers and gardeners. Hearing loss is gradual, and may become obvious only years after the .exposure has ceased. While gardeners may feel they are somehow immune to hearing loss, which is a typical attitude of young, healthy workers, staff has concluded that noise-induced hearing loss is a certainty for the majority of professional leaf blower operators. 5.2 The Public-at-Large Those who are not worldng in landscaping and gardening fall into two categories: homeowners doing their own gardening and bystanders. Homeowners who chose to use a leaf blower likely experience relatively low-level exl~osures which they conlrol. Bystanders may experience low or high exposures, depending on the nature of the exposure. Bystanders, however, almost never have chosen to be exposed to the exhaust, dust, and noise emissions of the leaf DRA.F~: DO NOT CITE OR QUOTE 63 15 September 1999 blower. Thus their attitude toward the leaf blower is likely very negative and they may be highly annoyed by the exposure. In addition, staff have received letters from some people, and read testimonials on Internet web-sites, concerning acute symptoms, such as asthma and allergies, exhibited by sensitive individuals to relatively limited exposures. These symptoms have not been evaluated in this report as they are anecdotal and unable to be substantiated. It is important, nevertheless, to acknowledge that some individuals may be very sensitive to the emissions from leaf blowers and unable to tolerate exposures that do not seem to bother other individuals. In addition to homeowner-leaf blower operators and bystanders who are in the vicinity of leaf blower operation, everyone is exposed to a small degree to air pollution that results from exhaust and dust emissions from leaf blowers. This report does not quantify those exposures, but the ARB does regulate exhaust emissions from leaf blowers, as from most other sources of air pollution. As discussed elsewhere, all sources of air pollution need to be reduced in order that Californians can breath clean air. 5.2.1 Exhaust Emissions The "typical" leafblowerowned and operated by a homeowner for private residential use is assumed to have an average horsepower of 0.8 and a load factor of 50%, based on the ARB off-road emissions model. Using the same methods as above produces the emissions shown in Table 8. DR.4£’r: DO NOT CITE OR QUOTE 64 15 September 1999 Table 8. Leaf Blower Emissions and Mixing Space for the Homeowner, 0.8 hp average and 50% load factor, 1999 Exhaust Ten min. of Exhaust Amount of Mixing Emissions Emissions Space Necessary to Not Exceed the NAAQS1° Hydrocarbons 56.7 g/hr 9.45 g NAt~ Carbon Monoxide 119.2 g/hr 19.86 g 500 m3 Particulate Matter 1.44 g/hr 0.24 g 1,600 m3 Fugitive Dust --1.8 g 12,000 m3 For comparison, for CO the mixing space necessary to avoid exceeding the standards is equivalent to a cube of air 8 m, or 26 ft, on each side. For all emissions, exposures are considerably lower in a residential setting than in a commercial setting. The data presented in Table 8 do not address bystander exposures, for which we have even less data than for leaf blower operators, and again it is not possible to determine health impacts. 5.2.2 Fugitive Dust Emissions For fugitive dust (Table 8), 1.8 g of PM10 emitted in ten minutes would need to be mixed in a volume of 12,000 m3 of air in order to avoid exceeding the 24-hour standard for PM10. This is an amount &air equivalent to a cube 22.9 m, or 75.1 ft, on each side. As with the commercial exposure, this is a potentially hazardous exposure, but because the homeowner is likely using leaf blowers for a very short time each week, the concern is much lower than for commercial ~°National Ambient Air Quality Standard X~No relevant NAAQS exists for "hydrocarbons" as this is a.catch-all category for many chemicals. D1La..VF: DO NOT CITE OR QUOTE 65 15 September 1999 gardeners. Still, staff would recommend that even homeowners wear a dust filtering mask when using a leaf blower. 5.2.3 Noise The homeowner who uses a leaf blower for a brief amount of time each week or two is unlikely to experience noise-induced hearing loss. The cummulative exposure to many recreational sources of noise, however, is likely to great enough to impact heating (Clark 1991). Those who regularly use noisy power equipment should be in the habit of using heating protection. The likelihood of a bystander exposed to leaf blower noise on an irregular basis experiencing hearing loss is low. The potential health impacts from leaf blowers on bystanders that are likely more important include interefence with communication, sleep interuption, and annoyance. Each of these impacts may in turn lead to stress responses, although research has not conclusively tied chronic exposures with any particular adverse health outcome. Although interference with communication, sleep interuption, and annoyance may not seem to be serious impacts, they are important quality of life issues for many people. At least 100 municipalities in California have restricted or banned the use of leaf blowers within city limits in response to people who obj ect to the loud noise of leaf blowers interupting their lives. D1LAFI’: DO/gOT CITE OR QUOTE 66 x5 S~m=ab= 1999 6.0 SUGGESTED FUTURE RESEARCH 6.1 Exhaust Emissions The ARB has an active research program to determine exhaust emissions from engines that it regulates. Existing and future exhaust emission control standards will continue to require that manufacturers reduce emissions from the small off-road engines found in leaf blowers. Staff conducts periodic reviews of technology to determine whether further emission reductions are possible. For example, the ARB has recently awarded a contract to the Southwest P~esearch Institute to conduct research entitled "Particulate Emissions from Marine Outboard Engines, Personal Watercraft and Small Off-l~oad Equipment." The objectives relevant to leaf blower technology are (1) to measure the emissions from two-stroke engines used in small off-road equipment, with an emphasis on PM emissions and polycyclic aromatic hydrocarbon levels; and (2) to determine particle size distribution and mutagenic toxicity of.the PM. The contractor will obtain and test five engines typically used in leaf blowers or similar off-road equipment, and staff have recommended that engines used in leaf blowers be among those chosen. In addition to this study, staff has identified investigation into small off-road engine deterioration as an area for future research; engine deterioration causes emissions to increase with engine usage. In general, annual usage data, both for the leaf blower equipment and for the operator, would be helpful. As discovered during the course of this report, data on the annual usage of the equipment may not correlate well with how long an operator, commercial or residential, uses the equipment throughout the year. 6.2 Fugitive Dust DRAVI’: DO NOT CITE OR QUOTE 67 15 September 1999 ARB staff found a fundamental lack of information on the nature and quantity of fugitive dust blown, or resuspended, by leaf blowers. AeroVironment attempted to calculate the amount of fugitive dust resuspended by leaf blowers in the SCAQMD as a first order approximation. Empirical data are needed, however, as calculations only go so far. Any study would need to consider a large number of variables, such as substrate, humidity, time of year, and type of materials being moved by the leaf blower. Ideally, as part of a future research project, one would want to first quantify the emissions in actual use by: (1) inventorying the typesof surfaces cleaned by leaf blowers statewide, and by air district, (2) determining the silt loading for surfaces that are cleaned, and (3) performing source testing to determine the amount of PM30, PM10 and PM2.5 entrained in the air, and to determine the "exposure envelope" associated with leaf blower usage. This info, mmficm.could then_b~.u.sed.~o calculate _mo~~~ ~f d,,st zss~i~terl .~_h leaf blower usage. In addition to quantifying emissions, it would also be important to determine what is in the dust. This information, however, would not apply only to leaf blowers, but would reflect what is in dust that is resuspended by wind from any source. Presently, chemical speciation data are available for sources such as paved and unpaved roadways. For leaf blowers, we should also examine the make-up of dust from lawns, sidewalks, parking lots, and flower beds. In addition to chemical speciation, it would also be useful to analyze the dust for the presence of herbicides, pesticides, bacterial endotoxins, and other toxins. 6.3 Noise Emissions DRAFT: DO NOT CITE OR QUOTE 68 15 September 1999 The investigation and reduction of noise emissions is not part of the ARB’s authority or mission, although noise was investigated by the ARB at the requestion, through SCR 19, of the California Legislature. Traditionally, noise control and abatement has been a local function, although a state Office of Noise Control did exist for a short time; the Office was housed within the Department of Health Services. The following suggestions for noise related research, then, are offered with comment as to the appropriate agency for carrying out the research. Quantifying noise exposure might be appropriate for the ARB to conduct only as a part of a larger effort that would be aimed at better understanding the number of leaf blowers, their hours of use, and differentiation between residential and commercial use. In addition, the Office of Environmental Health Hazard Assessment may be able to assist with preparing a noise exposure report, just as they have prepared reports on exposures to toxic air contaminants. Otherwise, each suggested research item is more appropriately conducted by the Department of Health Services Occupational Health Branch or a state of federal agency dedicated to worker issues. (1) Quantification of the number of Califomians affected by noise and noise exposure levels. The purposes of this study would be two-fold: First, to assess the number of workers who are exposed to leaf blower noise, the number of hours they are exposed daily, and their daily noise dose and exposures. Second, to determine the number of people exposed non-occupationally to leaf blower noise, average noise exposures, frequency of exposure (e.g., daily, weekly), and how they are affected (e.g., annoyed, interference with sleep or communication). Agencies potentially responsible: ARB; Office of Environmental Health Hazard Assessment; California Department of Health Services Occupational Health Branch. DRAFT: DO~NO.T CA.TE OR QUOT_E 69 LS.Sep~.1999 (2) Evaluation of hearing loss in gardeners, with emphasis on those who use leaf blowers as a part of their work. The purpose of this study would be to evaluate, more specifically, the incidence of noise-induced hearing loss in occupationally exposed gardeners. Non-occupational exposure to noise would also need to be assessed. Agencies potentially responsible: National Institutes for Occupational Safety and Health; California Department of Health Services Occupational Health Branch. (3) Incidence of use of personal protective equipment by gardeners. The purpose would be to determine the frequency Of use and types used of personal protective equipment (PPE) such as heating protectors, dust "comfort" masks, and eye protection. This study should be conducted with an education component, with the goal of increasing the use of PPE. Agencies potentiaH responsible: California Occupational Safety and Health Administration; California Department of Health Services Occupational Health Branch. DRAFT: DO NOT CITE OR QUOTE 70 15 September 1999 7.0 FUTURE LEAF BLOWER TECHNOLOGIES 7.1 Engine Technologies That Reduce Exhaust Emissions For the most part manufacturers have met the 1995-1999 emissions standards by calibrating their engines to use less fuel, and improving production practices to include tighter tolerances. With implementation of more stringent standards in the 2000 model year will come more advanced techno!ogies. Various manufacturers have indicated that they will meet the 2000 model-year standards with either small four-stroke engines that have been specifically designed for light-weight and multi-pOsitional use, two-~stroke engines with direct fuel injection, or two-stroke engines with stratified scavenging. Moreover, virtually all manufacturers have indicated that they will provide complying products, though not all have been specific about the technologies they plan to use. The various technologies represent a variety of ideas, but ultimately all would reduce the amount of fuel delivered to the combustion chamber. The technologies are briefly described below. 7.1.1 Four-Stroke Engines Four-stroke engines possess the advantage that the exhaust stroke expels very little unburned fuel, so engine-out HC emissions are much lower than a two-stroke engine. This is because exhausting the spent gases and refilling the cylinder with a fresh air/fuel charge happens sequentially in a four-stroke engine, but simultaneously in a two-stroke engine. In the past, four-stroke engines have not been able to operate multi-positionally, because of engine lubrication problems, so four-strokes have not traditionally been used in handheld equipment. Ryobi and Honda, however, are two companies that have developed handheld four-stroke engines for the DRAFT: DO_NOT CItE OR QUOTE 71 15 S~pt~mb~r 1999 2000 standards. Honda has indicated that it intends to use its engine in blowers and Ryobi offers attachments that can convert a string trimmer to a blower. 7.1.2 Fuel-Injected Two-Stroke Engines Fuel injection provides better control of the amount and the timing of fuel entering the cylinder. By limiting the fuel admitted to the amount necessary for combustion, and timing fuel introduction to limit the fuel exiting with the exhaust gases, less unburned fuel exits the engine. The loss of unburned fuel is the primary cause of the high HC emissions from two-stroke engines; up to one third of the fuel going into a conventional two-stroke engine exits the exhaust pipe unburned. Tanaka is a company that has developed a fuel-injected two-stroke engine, partially through funding provided by the ARB’s Innovative Clean Air Technologies program. 7.1.3 Stratified Scavenging Two-Stroke Engines Stratified scavenging refers to a system that prevents mixing of the incoming fuel with the exhaust gas by injecting a layer ("strata") of air between the two. The result is that less of the fresh (unburned) fuel escapes, and HC emissions are dramatically reduced. Test results indicate that the technology can easily meet the 2000 standard. As put into practice by Komatsu Zenoah, manufacturer of the Red Max line of blowers, the stratified scavenging engine retains all the advantages of a conventional two-stroke: light-weight, high power output, and relatively simple design. The result is an engine that operates nearer to the chemically balanced air/fuel ratio, which also translates into improved fuel economy. 7.1.4 Two-Stroke Engine with Compression Wave Technology This technology involves a compressed-air-assisted fuel injection system that eliminates the unburned fuel during the scavenging process of the exhaust poison of the two-stroke cycle. DtL~"F: DO NOT CITE OR QUOTE 72 15 September 1999 Engines utilizing this technology retain much of the conventional two-stroke design and hardware, and although the fuel metering system needs to be designed toperform with the engine’s needs, it reportedly does not need to provide high precision in timing or in spray quality. The thrust behind the technology is a compression wave, which causes the fuel and air in the cylinder to be Neatly disturbed, in effect functioning as a shock wave. This atomizes the fuel ~and mix,e,s it more.thoroughly with the air. In .addition, the ~:ompression wave helps keep fuel from sticking to the cylinder. According to the U.S. EPA regulatory impact analysis for its small engine regulatoq efforts (EPA 1-999a), the system as developed by John D.eere Consumer Products includes an "accumulator" which collects and temporarily stores compressed air scavenged from the crankcase. The piston compresses the air in the crankcase on the piston’s downward stroke. The fuel injection system uses the piston head to open and close its ports. With respect to engine power, John Deere Consumer Products states that the en, ginepower remains nearly the same as the engine without the technology. The technology is planned for production on John Deere Consumer Products equipment in California in 2000. 7.1.5 Two-Stroke Engines with Catalysts In addition to the above technologies, some manufacturers currently offer equipment with catalytic converters; in fact, the presence of a catalyst is sometimes used as a marketing feature in Europe. As with an automobile, the catalyst assists the conversion of hydrocarbons and carbon monoxide to more benign compounds. 7.2 Sound Reduction Technologies Leaf blower manufacturers are developing new designs to both reduce the amount of noise from leaf blowers and change the quality of sound to make it less irritating (L. Will, Echo, pers. DRAFT: DO NOT CITE OR QUOTE 73 15 September 1999 comm.). The methods range from quieting the engine noise by insulating the engine compartment to changing the design of the fan. Significant sound comes from the fan itself, and thus new fan designs have the potential to change both the loudness and sound quality. Electric leaf blowers are usually significantly quieter than gasoline-powered leaf blowers because of the absence of the engine noise. The Los Angeles City Council requested that its Department of Water and Power develop a quieter leaf blower, and a contract was awarded to AeroVironment. The finn developed a prototype electric, battery-powered blower that should be produced in small quantities for testing late in 1999 or early in 2000 (L. Johnson, LADWP, pers. comm). This blower is discussed more in section 7.4 below. 7.3 Methanol The use of methanol as a fuel for leaf blowers came about following ordinances to ban the use of "gas-powered" leaf blowers. Some parties have undertaken the development of methanol-fueled leaf blowers as an alternative. However, no manufacturer has yet certified a methanol blower, nor has any manufacturer indicated plans to do so in the near future, thus methanol-fueled leaf blowers operate in violation of California and federal lawl If methanol engines were to be offered, they would need to comply with the same emissions standards as gasoline engines. The use of methanol also raises some concerns beyond those associated with a gasoline-fueled intemal combustion engine. These include flame luminosity, as methanol bums with a pale flame, leading to safety issues, and toxicity. 7.4 Electric Equipment Another technology in current use, particularly for residential applications, is powering the leaf blower with electricity. Electric equipment tends to be less expensive than the equivalent D1LA_FT: DO NOT CITE OR QUOTE 74 15 September 1999 gasoline-powered equipment, with comparable performance on residential products. Staff investigated the products available at several mass market stores, and found that corded electric blowers are available. Additionally, AeroVironment, working under the auspices of the Los Angeles Department of Water and Power, has developed a.prototype battery-powered blower for commercial use. As many as 1500 pre-production models will be distributed to various gardeners and landscapers to verify its utility for commercial use (L. Johnson, LADWP, pers. com.). 7.5 Alternatives to Leaf Blowers Questions have been asked about the impacts of other methods of street cleaning, such as using a broom or washing down the street with water. No data could be located to permit an estimation of fugitive dust emissions due to using broom. An assessment of the amount of water that would be used in lieu of leaf blowers falls outside of the scope of work for this report. Data on whether or not these alternatives are louder or quieter than leaf blowers seem contradictory and many require an expanded study to verify. D1LAFI’: DO NOT CITE OR QUOTE 75 15 September 1999 8.0 REFERENCES NOTE:An asterisk (*) denotes references that are cited in the report. *Air Resources Board, Notice of Public Hearing to Consider Amendments to the Small Off-Road Engine Regulations; Mailout MSC 98-02, and the attachments, January 1998; [online at: http://arbis.arb.ca.gov/regact/sore/sore.htm]. * Air Resources Board. Section 7.9. Entrained.pav.ed road dust. Last updated July 1997a; [online at http://arbis.arb.ca.gov/emisinv/areasrc/onehtrn/one7-9.htm] *Air Resources Board. Toxic Air Contaminant identification list zummaries. September 1997b. *Air Resources Board, Research Division. Cardiac response to carbon monoxide in the natural enviroltmeml. Caairact aao. A3-138-33.-199Za. 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