1354-S2.E2 AMS SWEC S5317.1

2E2SHB 1354 - S AMD TO AE COMM AMD (S-4893.3/98) - 812

By Senators Swecker and Fraser

                                                    ADOPTED 3/3/98

    On page 7, after line 6 of the amendment, insert the following:

    "Sec. 8.  RCW 70.94.473 and 1995 c 205 s 1 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)) sixty 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) 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 chapter 199, Laws of 1991."

2E2SHB 1354 - S AMD TO AE COMM AMD (S-4893.3/98) - 812

By Senators Swecker and Fraser

                                                    ADOPTED 3/3/98

    On page 7, line 12 of the title amendment, after "70.120.170," strike "and 46.16.015" and insert "46.16.015, and 70.94.473"

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