Purpose: To reflect new state definitions of impaired air quality adopted by the legislature (effective July 24, 2005). The previous definitions were based on ambient concentrations of PM10; the new definitions are based on concentrations of PM2.5. Using the new definitions will allow the agency to impose indoor burning restrictions earlier in the build-up of pollution, thus decreasing the contribution from these sources to an air pollution episode.

     Citation of Existing Rules Affected by this Order: Amending Regulation I, Section 13.02.

     Statutory Authority for Adoption: Chapter 70.94 RCW.

      Adopted under notice filed as WSR 05-16-072 on August 1, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: September 22, 2005.

John K. Anderson

Supervisory Engineer

REGULATION I SECTION 13.02 GENERAL CONDITIONS FOR SOLID FUEL BURNING DEVICES

     In addition to the provisions of this regulation, the Agency adopts by reference and enforces the following provisions for solid fuel burning devices established by the Washington State Department of Ecology:

WAC 173-433-030	Definitions. (effective 4/20/91)
WAC 173-433-110	Opacity standards. (effective 3/6/93)
WAC 173-433-120	Prohibited fuel types. (effective 4/20/91)
WAC 173-433-130	General emission standards. (effective 4/20/91)
WAC 173-433-140 (1)(b), (2), (3), and (4)	Impaired air quality criteria. (effective 4/20/91) (First Stage of Impaired Air Quality has the meaning contained in RCW 70.94.473 (1)(b); Second Stage of Impaired Air Quality has the meaning contained in RCW 70.94.473 (1)(c))
WAC 173-433-150	Curtailment. (effective 4/20/91)

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