WESTCHESTER HAS LAW TO CURB LEAF BLOWER POLLUTION
Landscapers and county required to phase out high-emission machines

Copy of law

Targeting the high levels of air pollution generated by gas-powered leaf blowers, County Executive Andy Spano and the Board of Legislators have approved a new law that could slash such harmful emissions by more than 10 tons a year.

The legislation, which takes effect immediately, imposes stricter standards on the leaf blowers used by professional gardeners and landscapers throughout Westchester County. Using a phase-in program over the next two years, they are now required to gradually switch over to equipment with the most stringent emissions levels.

“I think many people would be astonished to learn that a leaf blower operating for 30 minutes puts out more emissions then an automobile traveling 2000 miles,” Spano said. “The amount of air pollution that comes from these out-dated blowers is absolutely unacceptable. Equipment is available that meets higher standards, but people aren’t using it. Hopefully this law will be the push everybody needs to start thinking a little more pro-actively about the environment.”

Spano noted that given the amount of landscaping that goes on in Westchester, it's probably a good assumption that the county could make some real environmental gains by imposing stricter regulations.
Westchester is following in the footsteps of California, which enacted a groundbreaking smog-reduction program earlier this year that removed 1,500 noisy leaf blowers from the Los Angeles area and potentially eliminated up to 14 tons of harmful emissions annually. A similar effort in Westchester could have a significant impact on reducing air pollution.

The proposal also fits in with Westchester’s obligation to reduce levels of ozone, carbon monoxide and fine particulate matter under the federal Clear Air Act, Spano added.

Some leaf blowers are powered by two-stroke engines that can emit as much as 25 percent raw, unburned gasoline in their exhaust, according to studies by the Air Resource Board of the California Environmental Protection Agency. This exhaust contains unacceptable levels of harmful hydrocarbons and oxides of nitrogen, both pollutants which have been shown to contribute to smog levels and lead to health problems.

The legislation requires all landscapers licensed to work in Westchester -- as well as the county itself -- to phase out their stockpile of high polluting leaf blowers for cleaner ones over a two-year phase-in period. At least 50 percent of their portable leaf blowers powered by self-contained internal congestion engines must be replaced by Jan. 1, 2008. All blowers must meet the new standards by Jan. 1, 2009.

While Westchester has the authority to license and regulate home improvement contractors through its Consumer Protection bureau, the county will also lead by example. The Parks and Public Works departments is replacing its own inventory of 160 backpack and push-type blowers with machines that meet the new standards. By 2008, half the county-owned blowers will have an exhaust emission level no greater than 45 grams per kilowatt hour of hydrocarbons plus oxides of nitrogen. At the end of the program in 2009, all will meet that criteria.

The Department of Consumer Protection will make available a list of products that meet or exceed the criteria and make compliance part of the written license renewal process that contractors must go through every two years. Contractors would be required to verify the quantity, make and model of all their portable leaf blowers when applying for or renewing a license. A violation could mean a $1,000 fine or the denial or revocation of a license.

New leaf blowers run about $500, but since the regulation would be phased in, landscapers would be able to cushion the financial impact of the bill.

While many municipalities in Westchester have ordinances regulating the noise level and hours of operation for leaf blowers, none appear to impose regulations with regard to air pollution. A county law does not pre-empt any of those municipal laws regarding use. The law also wouldn’t apply to landscapers who only do commercial properties or work exclusively in Yonkers (which has a separate licensing procedure).