AN ACT Relating to wood stoves; adding a new chapter to Title 70 RCW; creating a new section; and repealing RCW 70.94.770.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In the interest of the public health and welfare and in keeping with the objectives of RCW 70.94.011, the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by wood stove emissions. The legislature further declares it to be the public policy of the state to reduce wood stove emissions by encouraging the department of ecology to continue efforts to educate the public about the effects of wood stove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from wood stoves.

NEW SECTION. Sec. 2. As used in this chapter, unless the context clearly requires otherwise:

(1) "Department" means the department of ecology.

(2) "Wood stove" means a solid fuel burning device other than a fireplace, including any fireplace insert, wood stove, wood burning heater, wood stick boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or commercial establishment, which has a heat input less than one million British thermal units per hour. Wood cook stoves are not included in the definition of a wood stove.

(3) "Fireplace" means any permanently installed masonry or factory-built metal appliance for burning solid fuel, designed with an open combustion chamber and without features to reduce the air-to-fuel ratio below thirty-five to one.

(4) "New wood stove" means a wood stove that (a) is sold at retail, bargained, exchanged, or given away, for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer, and (b) has not been so used to have become what is commonly known as "second hand" within the ordinary meaning of that term.

(5) "Solid fuel burning device" means any device for burning wood, coal, or any other nongaseous and nonliquid fuel, including a wood stove and fireplace.

(6) "Authority" means any air pollution control agency whose jurisdicitonal boundaries are coextensive with the boundaries of one or more counties.

(7) "Opacity" means the degree to which an object seem through a plume is obscured, stated as a percentage. The methods approved by the department in accordance with RCW 70.94.331 shall be used to establish opacity for the purposes of this chapter.

NEW SECTION. Sec. 3. The department of ecology shall establish a program to educate wood stove dealers and the public about:

(1) The effects of wood stove emissions on health and air quality;

(2) How to achieve better efficiency and emission performance from wood stoves;

(3) Wood stoves that have been approved by the department;

(4) The benefits of replacing inefficient wood stoves with stoves approved according to section 4 of this act or of retrofitting inefficient wood stoves with emission control devices.

NEW SECTION. Sec. 4. Before January 1, 1988, the department shall establish by rules adopted under chapter 34.04 RCW:

(1) State-wide emission performance standards for new wood stoves. (a) For new wood stoves sold after July 1, 1988, the state-wide performance standard, by rule, shall be equivalent and consistent with state-wide emission standards in effect in bordering states on or before January 1, 1987. For solid fuel burning devices which bordering states have not established emission standards, the department may establish, by rule, standards including emission levels and test procedures for such devices, and such emission levels and test procedures shall be equivalent to emission levels per pound of fuel burned for other new wood stoves regulated by this subsection. (b) Notwithstanding (a) of this subsection, any wood stove sold at retail must meet emission standards adopted by the federal environmental protection agency in accordance with __U.S.C.__ for wood stoves sold at retail. (c) Notwithstanding (a) or (b) of this subsection and effective July 1, 1991, any new wood stove sold at retail shall meet emission standards adopted by the federal environmental protection agency in accordance with __U.S.C.__ for wood stoves manufactured after January 1, 1991; and

(2) A program to: (a) Determine whether a wood stove complies with the state-wide emission performance standards established in subsection (1) of this section; and (b) approve the sale of stoves that comply with the emission performance standards.

NEW SECTION. Sec. 5. Before January 1, 1988, the department shall establish, by rules adopted under chapter 34.04 RCW, reasonable state-wide opacity limitation for residential solid fuel burning devices and provisions for enforcement. The limitation shall not be more stringent than the state-wide requirement for industrial emission points. Opacity shall be determined by a certified smoke reader, according to methods established by the department.

NEW SECTION. Sec. 6. Any residence which has an adequate source of heat without the burning of wood shall:

(1) Not burn wood in any solid fuel heating device whenever the department has determined that any air pollution episode exists in that area; and

(2) Not burn wood in any solid fuel heating device, except wood stoves as provided in section 4 of this act, in that area and for that period of time in which a period of impaired air quality has been determined. For the purposes of this section, "impaired air quality" means meteorological conditions that are conducive to accumulation of air contamination. If, after July 1, 1990, the department determines that there is quantitative evidence that wood stoves meeting the requirements of section 4 of this act are contributing to impaired air quality, the department or any air pollution control authority may prohibit burning of all solid fuel burning devices as provided by this section, including those meeting the requirements of section 4 of this act.

NEW SECTION. Sec. 7. After July 1, 1988, no person may advertise to sell, offer to sell, or sell a new wood stove in this state unless the wood stove has been approved by the department under the program established under section 4 of this act.

NEW SECTION. Sec. 8. If, after July 1, 1988, a person who advertises to sell, offers to sell, or sells a new wood stove in this state in violation of section 7 of this act shall be subject to the penalties and enforcement actions under this chapter.

NEW SECTION. Sec. 9. Unless allowed by rule of the department, a person shall not cause or allow to be burned the following materials in any residential solid fuel burning device:

(1) Garbage;

(2) Treated wood;

(3) Plastics;

(4) Rubber products;

(5) Animals;

(6) Asphaltic products;

(7) Waste petroleum products;

(8) Paints; or

(9) Any substance, other than properly seasoned fuel wood, that normally emits dense smoke or obnoxious odors.

NEW SECTION. Sec. 10. Unless allowed by rule of the department, coal shall not be burned in any residential solid fuel burning device, unless the device is: (1) A coal-fired furnace; (2) not designed for manual fueling; (3) the sole source of heat in a residence or commercial establishment; and (4) installed before the effective date of this section.

NEW SECTION. Sec. 11. (1) The wood stove education fund is established in the custody of the state treasurer. The department of ecology shall deposit in the fund all moneys received under subsection (2) of this section, designated by appropriation, or otherwise deposited in the fund. Moneys in the fund may be spent only for the purposes of the education programs under section 3 of this act. Disbursement from the fund shall be on authorization of the director of ecology or the director's designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursement.

(2) The department of ecology, with the advice of the advisory committee under section 12 of this act, shall set a flat fee, not to exceed five dollars, on the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device, excepting masonry fireplaces, after January 1, 1988. The fee may be adjusted above five dollars according to changes in the consumer price index after January 1, 1989. The fee shall be collected in conjunction with the retail sales tax under chapter 82.08 RCW. The department of revenue shall collect the tax and transmit the moneys according to the directions of the department of ecology. The collection provisions of chapter 82.32 RCW apply to the fee.

NEW SECTION. Sec. 12. The department shall establish an advisory committee to participate in the development of wood stove rules, the design and implementation of the public education program under section 3 of this act, in establishing the fee under section 11 of this act, and in developing the budget for the public education program. The advisory committee shall include, but not be limited to, representatives of the wood heating industry, environmental groups, concerned citizens, the chimney cleaning industry, and affected government agencies.

NEW SECTION. Sec. 13. Section 8, chapter 193, Laws of 1973 1st ex. sess. and RCW 70.94.770 are each repealed.

NEW SECTION. Sec. 14. Sections 2 through 12 of this act shall constitute a new chapter in Title 70 RCW.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.