AN ACT Relating to wood
burning devices; and amending RCW 70.94.473, 70.94.477, 70.94.457, and
70.94.460.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 70.94.473 and 1991 c
199 s 504 are each amended to read as follows:
(1) Any person in a
residence or commercial establishment which has an adequate source of heat
without burning wood shall:
(a) Not burn wood in
any solid fuel burning device whenever the department has determined under RCW
70.94.715 that any air pollution episode exists in that area;
(b) Not burn wood in
any solid fuel burning device except those which are either Oregon department
of environmental quality phase II or United States environmental protection
agency certified or certified by the department under RCW 70.94.457(1) or a
pellet stove either certified or issued an exemption by the United States
environmental protection agency in accordance with Title 40, Part 60 of the
code of federal regulations, in the geographical area and for the period of
time that a first stage of impaired air quality has been determined, by the
department or any authority, for that area. A first stage of impaired air quality
is reached when particulates ten microns and smaller in diameter are at an
ambient level of seventy-five micrograms per cubic meter measured on a
twenty-four hour average or when carbon monoxide is at an ambient level of
eight parts of contaminant per million parts of air by volume measured on an
eight-hour average; and
(c) Not burn wood in
any solid fuel burning device in a geographical area and for the period of time
that a second stage of impaired air quality has been determined by the
department or any authority, for that area. A second stage of impaired air
quality is reached when particulates ten microns and smaller in diameter are at
an ambient level of one hundred five micrograms per cubic meter measured on a
twenty-four hour average.
(2) ((If a local air
authority exercises the limitation on solid fuel burning devices specified
under RCW 70.94.477(2), a single stage of impaired air quality applies in the
geographical area defined by the authority in accordance with RCW 70.94.477(2)
and is reached when particulates ten microns and smaller in diameter are at an
ambient level of ninety micrograms per cubic meter measured on a twenty-four
hour average or when carbon monoxide is at an ambient level of eight parts of
contaminant per million parts of air by volume measured on an eight-hour
average.
If this single stage
of impaired air quality is reached, no person in a residence or commercial
establishment that has an adequate source of heat without burning wood shall
burn wood in any solid fuel burning device, including those which meet the
standards set forth in RCW 70.94.457.
(3))) Actions of the department and local air
pollution control authorities under this section shall preempt actions of other
state agencies and local governments for the purposes of controlling air
pollution from solid fuel burning devices, except where authorized by ((this
act)) chapter 199, Laws of 1991.
Sec. 2. RCW 70.94.477 and 1990 c
128 s 3 are each amended to read as follows:
(1) Unless allowed by
rule, under chapter 34.05 RCW, a person shall not cause or allow any of the
following materials to be burned in any residential solid fuel burning device:
(a) Garbage;
(b) Treated wood;
(c) Plastics;
(d) Rubber products;
(e) Animals;
(f) Asphaltic products;
(g) Waste petroleum
products;
(h) Paints; or
(i) Any substance,
other than properly seasoned fuel wood, which normally emits dense smoke or
obnoxious odors.
(2) ((On or after
July 1, 1995,)) For the sole purpose of a contingency measure to meet
the requirements of section 172(c)(9) of the federal clean air act, a local
authority or the department may ((geographically limit)) prohibit
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 ((certificate))
by the United States environmental protection agency in accordance with Title
40, Part 60 of the code of federal regulations, if the United States
environmental protection agency, in consultation with the department and the
local authority makes written findings that:
(a) The area has
failed to make reasonable further progress or attain or maintain a national
ambient air quality standard; and
(b) 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.
A prohibition issued
by a local authority or the department 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. ((An authority shall
allow an exemption from this subsection for low-income persons who reside in a
geographical area affected by this subsection. In the exercise of this
limitation, a local authority shall consider the following factors:
(a) The contribution
of solid fuel burning devices that do not meet the standards set forth in RCW
70.94.457 to nonattainment of national ambient air quality standards;
(b) The population
density of geographical areas within the local authority's jurisdiction giving
greater consideration to urbanized areas; and
(c) The public
health effects of use of solid fuel burning devices which do not meet the
standards set forth in RCW 70.94.457.))
Sec. 3. RCW 70.94.457 and 1991 c
199 s 501 are each amended to read as follows:
The department of
ecology shall establish by rule under chapter 34.05 RCW:
(1) State-wide emission
performance standards for new solid fuel burning devices. Notwithstanding any
other provision of this chapter which allows an authority to adopt more
stringent emission standards, no authority shall adopt any emission standard
for new solid fuel burning devices other than the state-wide standard adopted
by the department under this section.
(a) After January 1,
1995, no solid fuel burning device shall be offered for sale in this state
to residents of this state that does not meet the following particulate air
contaminant emission standards under the test methodology of the United States
environmental protection agency in effect on January 1, 1991, or an equivalent
standard under any test methodology adopted by the United States environmental
protection agency subsequent to such date: (i) Two and one-half grams per hour
for catalytic wood stoves; and (ii) four and one-half grams per hour for all
other solid fuel burning devices. For purposes of this subsection,
"equivalent" shall mean the emissions limits specified in this
subsection multiplied by a statistically reliable conversion factor determined
by the department that compares the difference between the emission test
methodology established by the United States environmental protection agency
prior to May 15, 1991, with the test methodology adopted subsequently by the
agency. Subsection (a) of this subsection does not apply to fireplaces.
(b) After January 1,
1997, no fireplace, except masonry fireplaces, shall be offered for sale unless
such fireplace meets the 1990 United States environmental protection agency
standards for wood stoves or equivalent standard that may be established by the
state building code council by rule. Prior to January 1, 1997, the state
building code council shall establish by rule a methodology for the testing of
factory-built fireplaces. The methodology shall be designed to achieve a
particulate air emission standard equivalent to the 1990 United States
environmental protection agency standard for wood stoves. In developing the
rules, the council shall include on the technical advisory committee at least
one representative from the masonry fireplace builders and at least one
representative of the factory-built fireplace manufacturers.
(c) Prior to January 1,
1997, the state building code council shall establish by rule design standards
for the construction of new masonry fireplaces in Washington state. In
developing the rules, the council shall include on the technical advisory
committee at least one representative from the masonry fireplace builders and
at least one representative of the factory-built fireplace manufacturers. It
shall be the goal of the council to develop design standards that generally
achieve reductions in particulate air contaminant emissions commensurate with
the reductions being achieved by factory-built fireplaces at the time the
standard is established.
(d) Actions of the
department and local air pollution control authorities under this section shall
preempt actions of other state agencies and local governments for the purposes
of controlling air pollution from solid fuel burning devices, except where
authorized by this act.
(e) Subsection (1)(a)
of this section shall not apply to fireplaces.
(f) Notwithstanding (a)
of this subsection, the department is authorized to adopt, by rule, emission
standards adopted by the United States environmental protection agency for new
wood stoves sold at retail. For solid fuel burning devices for which the
United States environmental protection agency has not established emission
standards, the department may exempt or establish, by rule, state-wide
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 per hour burned for other new wood stoves and fireplaces regulated under
this subsection.
(2) A program to:
(a) Determine whether a
new solid fuel burning device complies with the state-wide emission performance
standards established in subsection (1) of this section; and
(b) Approve the sale of
devices that comply with the state-wide emission performance standards.
Sec. 4. RCW 70.94.460 and 1987 c
405 s 7 are each amended to read as follows:
After July 1, 1988, no
person shall sell, offer to sell, or knowingly advertise to sell a new wood
stove in this state to a resident of this state unless the wood stove
has been approved by the department under the program established under RCW
70.94.457.
