H-3687.2 _______________________________________________
HOUSE BILL 2384
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Pennington, Regala, Koster, Linville, Anderson and Dunn
Prefiled 01/09/98. Read first time 01/12/98. Referred to Committee on Agriculture & Ecology.
AN ACT Relating to solid fuel burning devices; amending RCW 70.94.473; adding a new section to chapter 70.94 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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.
NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:
(1) New federal air quality standards for particulates were adopted by the United States environmental protection agency in July 1997. The new standards are based on measuring particulates of two and one-half microns and smaller in addition to the current standard which measures particulates of ten microns and smaller. The department, in cooperation with local air pollution control agencies and representatives from the hearth products industry and other appropriate stakeholders shall analyze the new federal standards and make recommendations to the legislature regarding changes in the state's laws related to determining stage one or stage two impaired air quality due to solid fuel burning devices. The department and other parties shall recommend how to incorporate the new federal standard in determining first and second stage impaired air quality so as to minimize the likelihood that particulate levels in any area of the state will be in violation of the new federal air quality standard for particulates due to solid fuel burning devices. The department shall submit its report and recommendations in writing by December 1, 2000, to the senate agriculture and environment committee and the house of representatives agriculture and ecology committee, or their successors.
(2) This section expires July 1, 2001.
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