AN ACT
Relating to an exemption to the Washington clean air act for fire training; and
amending RCW 70.94.650 and 70.94.775.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
70.94.650 and 1994 c 28 s 2 are each amended to read as follows:
(1)
Any person who proposes to set fires in the course of:
(a) Weed
abatement((,));
(b) Instruction
in methods of fire fighting, except training to fight structural fires as
provided in RCW 52.12.150 or training to fight aircraft crash rescue fires
as provided in subsection (5) of this section, and except forest fire
training((,)); or
(c) Agricultural
activities,
shall
obtain a permit from an air pollution control authority, the department of
ecology, or a local entity delegated permitting authority under RCW 70.94.654.
General permit criteria of state-wide applicability shall be established by the
department, by rule, after consultation with the various air pollution control
authorities. Permits shall be issued under this section based on seasonal
operations or by individual operations, or both. All permits shall be
conditioned to insure that the public interest in air, water, and land
pollution and safety to life and property is fully considered. In addition to
any other requirements established by the department to protect air quality
pursuant to other laws, applicants for permits must show that the setting of
fires as requested is the most reasonable procedure to follow in safeguarding
life or property under all circumstances or is otherwise reasonably necessary
to successfully carry out the enterprise in which the applicant is engaged, or
both. All burning permits will be designed to minimize air pollution insofar
as practical. Nothing in this section shall relieve the applicant from
obtaining permits, licenses, or other approvals required by any other law. An
application for a permit to set fires in the course of agricultural burning for
controlling diseases, insects, weed abatement or development of physiological
conditions conducive to increased crop yield, shall be acted upon within seven
days from the date such application is filed. The department of ecology and
local air authorities shall provide convenient methods for issuance and
oversight of agricultural burning permits. The department and local air
authorities shall, through agreement, work with counties and cities to provide
convenient methods for granting permission for agricultural burning, including
telephone, facsimile transmission, issuance from local city or county offices,
or other methods.
(2)
Permit fees shall be assessed for burning under this section and shall be
collected by the department of ecology, the appropriate local air authority, or
a local entity delegated permitting authority pursuant to RCW 70.94.654 at the
time the permit is issued. All fees collected shall be deposited in the air
pollution control account created in RCW 70.94.015, except for that portion of
the fee necessary to cover local costs of administering a permit issued under
this section. Fees shall be set by rule by the permitting agency at the level
determined by the task force created by subsection (4) of this section, but
shall not exceed two dollars and fifty cents per acre to be burned. After fees
are established by rule, any increases in such fees shall be limited to annual
inflation adjustments as determined by the state office of the economic and
revenue forecast council.
(3)
Conservation districts and the Washington State University agricultural
extension program in conjunction with the department shall develop public
education material for the agricultural community identifying the health and
environmental effects of agricultural outdoor burning and providing technical
assistance in alternatives to agricultural outdoor burning.
(4) An
agricultural burning practices and research task force shall be established
under the direction of the department. The task force shall be composed of a
representative from the department who shall serve as chair; one representative
of eastern Washington local air authorities; three representatives of the
agricultural community from different agricultural pursuits; one representative
of the department of agriculture; two representatives from universities or
colleges knowledgeable in agricultural issues; one representative of the public
health or medical community; and one representative of the conservation
districts. The task force shall identify best management practices for
reducing air contaminant emissions from agricultural activities and provide
such information to the department and local air authorities. The task force
shall determine the level of fees to be assessed by the permitting agency
pursuant to subsection (2) of this section, based upon the level necessary to
cover the costs of administering and enforcing the permit programs, to provide
funds for research into alternative methods to reduce emissions from such
burning, and to the extent possible be consistent with fees charged for such
burning permits in neighboring states. The fee level shall provide, to the
extent possible, for lesser fees for permittees who use best management
practices to minimize air contaminant emissions. The task force shall identify
research needs related to minimizing emissions from agricultural burning and
alternatives to such burning. Further, the task force shall make
recommendations to the department on priorities for spending funds provided
through this chapter for research into alternative methods to reduce emissions
from agricultural burning.
(5)
A permit is not required under this section, or under RCW 70.94.743 through
70.94.780, from an air pollution control authority, the department, or any
local entity with delegated permit authority, for aircraft crash rescue fire
training activities meeting the following conditions:
(a)
Fire fighters participating in the training fires must be limited to those who
provide fire fighting support to an airport that is either certified by the
federal aviation administration or operated in support of military or
governmental activities;
(b)
The fire training may not be conducted during an air pollution episode or any
stage of impaired air quality declared under RCW 70.94.715 for the area where
training is to be conducted;
(c)
The number of training fires allowed per year without a permit shall be the
minimum number necessary to meet federal aviation administration or other
federal safety requirements; and
(d)
Prior to the commencement of the aircraft fire training, the organization
conducting training shall notify both the: (i) Local fire district or fire
department; and (ii) air pollution control authority, department of ecology, or
local entity delegated permitting authority under RCW 70.94.654, having
jurisdiction within the area where training is to be conducted.
Aircraft
crash rescue fire training activities conducted in compliance with this
subsection are not subject to the prohibition, in RCW 70.94.775(1), of outdoor
fires containing petroleum products.
(6)
Subsection (5) of this section shall expire on the earlier of the following
dates: (a) July 1, 1998; or (b) the date upon which the North Bend fire
training center is fully operational for aircraft crash rescue fire training
activities.
Sec.
2. RCW
70.94.775 and 1991 c 199 s 410 are each amended to read as follows:
Except
as provided in RCW 70.94.650(5), no person shall cause or allow any outdoor
fire:
(1)
Containing garbage, dead animals, asphalt, petroleum products, paints, rubber
products, plastics, or any substance other than natural vegetation that
normally emits dense smoke or obnoxious odors. Agricultural heating devices
that otherwise meet the requirements of this chapter shall not be considered
outdoor fires under this section;
(2)
During a forecast, alert, warning or emergency condition as defined in RCW
70.94.715 or impaired air quality condition as defined in RCW 70.94.473.
