HOUSE BILL REPORT

HB 16

BYRepresentatives Grimm, Walker, Rust, Allen, Jacobsen, Winsley, Brekke, Locke, Unsoeld and Belcher

Regulating wood stoves emissions.

House Committe on Environmental Affairs

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (14)

     Signed by Representatives Rust, Chair; Valle, Vice Chair; Allen, Brekke, Ferguson, Jesernig, Lux, May, Pruitt, Schoon, D. Sommers, Sprenkle, Unsoeld and Walker.

House Staff:Susan Gulick (786-7116)

Rereferred House Committee on Ways & Means/Appropriations

Majority Report:     The second substitute bill by Committee on Ways & Means/Appropriations be substituted therefor and the second substitute bill do pass.  (18)

     Signed by Representatives Locke, Chair; Allen, Belcher, Brekke, Bristow, Ebersole, Grant, Grimm, Hine, Holland, Nealey, Niemi, Peery, Sayan, Silver, L. Smith, H. Sommers and Sprenkle.

House Staff:    Nancy Stevenson (786-7137)

AS REPORTED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS

FEBRUARY 17, 1987

BACKGROUND:

The use of wood for residential heating purposes has rapidly increased in Washington over the past decade.  In the early 1970's, less than two percent of Washington's residents used wood as their primary source of heat.  By 1980, this figure had increased to over 10 percent. A recent survey indicated that since 1980 the number of wood stoves and fireplace inserts in use across the state has doubled.  By 1985, 60 percent of Washington's residents burned wood on a regular basis.

In addition to increased use of wood heating, there have been significant increases in population and density in many of Washington's communities.  The result has been a significant deterioration of residential air quality due to wood smoke emissions.  A recent EPA study concluded that residential wood combustion emissions contributed from 65 to 84 percent of the fine particulates in residential areas of Seattle and Spokane.  Unusually high levels of fine particulates associated with wood smoke have also been reported in Yakima, Olympia, Bellevue and other areas.

Residential wood smoke emissions are currently not regulated in Washington.  Oregon and Colorado have adopted wood stove certification programs.  The EPA is currently developing a new source performance standard for wood stoves, but the effective date at the retail level will not occur until the early 1990's.

SUMMARY:

SECOND SUBSTITUTE BILL:  By January 1, 1988, the Department of Ecology (Ecology) shall establish: 1) statewide emission performance standards for new wood stoves; 2) a program to approve wood stoves that meet the emission performance standards; and 3) statewide opacity levels for education and enforcement. Opacity levels shall be set at:  twenty percent for educational purposes, 40 percent for enforcement purposes until July 1, 1990, and 20 percent for enforcement after July 1, 1990.

Any residence which does not have an adequate source of heat without burning wood is exempt from curtailment provisions.  All wood stoves and fireplaces must curtail burning during "air pollution episodes" called by Ecology.  Certified wood stoves are exempt from "impaired air quality" curtailment provisions called by local authorities or Ecology.  Reevaluation of this exemption may occur after July 1, 1990.

Ecology shall establish a public education program to educate the public and wood stove dealers about the effects of wood stove emissions, methods of achieving better emission performance, the benefits of replacing inefficient wood stoves, and wood stoves that have been approved by the department.  The education program shall be funded by a flat fee not to exceed five dollars on the retail sale of new wood stoves.  An advisory committee is established to assist the department in setting the fee, designing the education program, and participating in the development of wood stove regulation.

After January 1, 1988, it is unlawful to sell, offer to sell, or knowingly advertise to sell a new wood stove in Washington that has not been approved by the department.  Violations are subject to the penalties of the clean air act.

Unless allowed by rule, the following materials shall not be burned in any residential solid fuel burning device:  garbage, treated wood, plastics, rubber products, animals, asphaltic products, waste petroleum products, paints, or any substance, other than properly seasoned wood, which normally emits dense smoke or obnoxious odors.  Unless allowed by rule, coal shall not be burned except in a coal fired furnace not designed for manual fueling that is the sole source of heat in an establishment and is installed before the effective date of this act.

SECOND SUBSTITUTE BILL COMPARED TO SUBSTITUTE:  The second substitute bill specifies that 1) the fee shall not be subject to the retail sales tax and 2) if the seller does not collect the fee the seller is liable.  Also the second substitute clarifies 1) any adjustments to the fee be done annually and 2) what process the Department of Revenue can use to collect late fees.

CHANGES PROPOSED BY COMMITTEE ON WAYS & MEANS/APPROPRIATIONS:  Second substitute proposed.

Revenue:   The bill has a revenue impact.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     (Environmental Affairs)  Janet Chalupnik, American Lung Association; Dr. Rick Johnson, Washington State Medical Association; Naydene Maykut, Puget Sound Air Pollution Control Agency; Dave Covert, University of Washington Department of Environmental Health; Donna Larson and Donna Moss, Citizens Against Woodstove Fumes; Betty Tabbutt, Washington Environmental Council; Peggy Saari, League of Women Voters; and Catherine Bens, Department of Ecology.

Substitute:  (Ways & Means/Appropriations)  Representative Nancy Rust, House of Representatives; Gary Smith, Independent Business Association; James Wilson, Olympic Air Pollution Control Authority.

House Committee - Testified Against: (Environmental Affairs)  None Presented.

Substitute:  (Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:     (Environmental Affairs)  Residential wood smoke is the most serious uncontrolled source of air pollution in Washington.  Emissions from wood stoves are responsible for the deterioration of air quality in many residential areas.  Wood smoke is a significant source of several toxic air contaminants and carcinogens, as well as the major source of fine particulate matter in the air during the winter months in many areas of Washington.  Fine particulate matter is particularly unhealthful because it is small enough to be inhaled deeply into the lungs.  Respiratory ailments and other health problems have resulted from exposure to wood smoke.

Substitute:  (Ways & Means/Appropriations)  Passed unanimously in the House Environmental Affairs Committee.  Will begin to control a most serious source of residential air pollution.  Education program on the operation of stoves is a key to the programs success.

House Committee - Testimony Against: (Environmental Affairs)  None Presented.

Substitute:  (Ways & Means/Appropriations)  None Presented.