WSR 97-13-078

PERMANENT RULES

OLYMPIC AIR POLLUTION

CONTROL AUTHORITY

[Filed June 18, 1997, 9:50 a.m.]

Date of Adoption: June 11, 1997.

Purpose: To amend OAPCA Regulation 1, Section 8.09 to conform with changes to chapter 70.94 RCW under SHB 1053 as passed by the 53rd legislature in 1995.

Citation of Existing Rules Affected by this Order: Amending OAPCA Regulation 1, Section 8.09.

Statutory Authority for Adoption: RCW 70.94.141.

Adopted under notice filed as WSR 97-09-101 on April 23, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 1, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

June 18, 1997

John T. Kelly

Air Quality Specialist

AMENDED SECTION

SECTION 8.09 CURTAILMENT

(a) Whenever the Authority has declared an Impaired Air Quality Stage 1 for a geographic area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device, unless the solid fuel burning device is one of the following:

(1) The solid fuel burning device is certified; or

(2) A nonaffected pellet stove.

(b) Whenever the Authority has declared an Impaired Air Quality Stage 2 for a geographic area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device.

(c) The affected geographic area of a declared Impaired Air Quality shall be determined by the Control Officer.

(d) ((If, on or after July 1, 1995, the Thurston County nonattainment area is not in attainment with national ambient air quality standards for particulate matter as specified in Title 40, Section 50.6 of the Code of Federal Regulations, any person in a residence or commercial establishment within the nonattainment areas shall not, at any time, burn solid fuel in any solid fuel burning device, except:)) For the sole purpose of a contingency measure to meet the requirements of section 172 (c)(9) of the federal clean air act, the use of solid fuel burning devices, except fireplaces as defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves either certified or issued an exemption by the EPA in accordance with Title 40, Part 60 of the Code of Federal Regulations will be prohibited if the EPA, in consultation with Ecology and the Authority, makes written findings that:

(((1) Fireplaces as defined in RCW 70.94.453(3);)) (1) The area has failed to make reasonable further progress or attain or maintain a national ambient air quality standard; and

(((2) certified woodstoves;)) (2) Emissions from solid fuel burning devices from a particular geographic area are a contributing factor to such failure to make reasonable further progress or attain or maintain a national ambient air quality standard.

(((3) nonaffected pellet stoves.)) A prohibition issued under this subsection shall not apply to a person in a residence or commercial establishment that does not have an adequate source of heat without burning wood.

(e) The nonattainment area is to consist of all areas within the city limits of Lacey, Olympia, and Tumwater, and unincorporated areas of Thurston County lying within or between the municipal boundaries.

(((f) Low income exemption;))

(((1) A person who demonstrates an economic need to burn solid fuel for residential space heating purposes by qualifying for the low income energy assistance program as administered by the Thurston County Community Action Council is eligible for a written solid fuel burning device special need exemption issued by the Authority.))

(((2) Application for a solid fuel burning device special need exemption may be made to the Authority at any time. Exemptions shall be valid for one (1) year and may be renewed provided that the applicant qualifies for the low income energy assistance program at the time of renewal application. Special need exemptions are nontransferable and are valid only at the residence location and for the person to whom the exemption is issued. Exemptions shall be issued at no cost to the applicant.))

(((g) Impaired Air Quality;))

(((1) On or after July 1, 1995, if the Authority has limited the use of solid fuel burning devices in the nonattainment area, a single stage of Impaired Air Quality shall apply in this geographical area and is reached when particulates 10 micron and smaller in diameter are at an ambient level of 90 micrograms per cubic meter of air as measured by a federal reference method specified in Title 40 Part 50, Appendix J of the Code of Federal Regulations or a more timely ambient measurement method accepted and approved by Ecology in accordance with WAC 173-433-140 (4)(a)(ii).))

(((2) When a single stage of impaired air is reached, no person in a residence or commercial establishment which has an adequate source of heat without burning wood shall burn wood in any solid fuel burning device.))

(((h))) (f) A person responsible for an applicable solid fuel burning device already in operation at the time Impaired Air Quality is declared shall withhold new solid fuel for the duration of the Impaired Air Quality. Smoke visible from a chimney, flue, or exhaust duct after three hours has elapsed from the declaration of the Impaired Air Quality shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by a solid fuel burning device.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser

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Washington State Code Reviser's Office