BILL REQ. #:  H-4842.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to setting pm 2.5 burn ban triggers and enforcement; and amending RCW 70.94.470, 70.94.473, and 70.94.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.94.470 and 1991 c 199 s 502 are each amended to read as follows:
     (1) The department shall establish((,)) by rule ((under chapter 34.05 RCW,)): (a) A statewide opacity level of twenty percent for ((residential)) solid fuel burning devices ((for the purpose of enforcement on a complaint basis)); and (b) a statewide opacity of ten percent for purposes of public education.
     (2) For the purpose of enforcement on a complaint basis in a wood smoke concentration area, it is unlawful for emissions, other than uncombined water vapor, from a solid fuel burning device to visibly enter a neighboring property.
     (3) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level for solid fuel burning devices other than established in this section.
     (((3))) (4) 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.

Sec. 2   RCW 70.94.473 and 1998 c 342 s 8 are each amended to read as follows:
     (1)(a) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
     (((a))) (i) 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))) (ii) 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:
     (A) Fine particulates ((ten microns and smaller in diameter)) are at an ambient level of ((sixty)) thirty-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
     (B) Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below thirty-five micrograms per cubic meter for a period of forty-eight hours or more from the time that the fine particulates are measured at the trigger level; and
     (((c))) (iii) 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)):
     (A) A first stage of impaired air quality has been in force and not been sufficient to reduce the increasing fine particle pollution trend; and
     (B) Fine particulates are at an ambient level of sixty micrograms per cubic meter measured on a twenty-four hour average; and
     (C) Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below sixty micrograms per cubic meter for a period of forty-eight hours or more from the time that the fine particulates are measured at the trigger level.
     (b) Visible emissions, other than uncombined water vapor, from a chimney, flue, or similar exhaust outlet three hours or more after the declaration of the episode or period of impaired air quality under this section or under RCW 70.94.715 constitutes prima facie evidence of unlawful operation of a solid fuel burning device prohibited under (a)(i), (ii), or (iii) of this subsection.
     (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.

Sec. 3   RCW 70.94.030 and 1993 c 252 s 2 are each amended to read as follows:
     ((Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.
     (2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW.
     (3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air which shall not be exceeded.
     (4) "Ambient air" means the surrounding outside air.
     (5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
     (6) "Best available control technology" (BACT) means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under this chapter emitted from or that results from any new or modified stationary source, that the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such a source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such a pollutant. In no event shall application of "best available control technology" result in emissions of any pollutants that will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist on July 25, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this subsection shall not be allowed to increase above levels that would have been required under the definition of BACT as it existed prior to enactment of the (([federal])) federal clean air act amendments of 1990.
     (7) "Best available retrofit technology" (BART) means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that might reasonably be anticipated to result from the use of the technology.
     (8) "Board" means the board of directors of an authority.
     (9) "Control officer" means the air pollution control officer of any authority.
     (10) "Department" or "ecology" means the department of ecology.
     (11) "Emission" means a release of air contaminants into the ambient air.
     (12) "Emission standard" and "emission limitation" mean a requirement established under the federal clean air act or this chapter that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice, or operational standard adopted under the federal clean air act or this chapter.
     (13) "Fine particulate" means particulates with a diameter of two and one-half microns and smaller.
     (14) "Lowest achievable emission rate" (LAER) means for any source that rate of emissions that reflects:
     (a) The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or
     (b) The most stringent emission limitation that is achieved in practice by such class or category of source, whichever is more stringent.
     In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.
     (((14))) (15) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
     (((15))) (16) "Multicounty authority" means an authority which consists of two or more counties.
     (((16))) (17) "New source" means (a) the construction or modification of a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted, and (b) any other project that constitutes a new source under the federal clean air act.
     (((17))) (18) "Permit program source" means a source required to apply for or to maintain an operating permit under RCW 70.94.161.
     (((18))) (19) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
     (((19))) (20) "Reasonably available control technology" (RACT) means the lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for a source or source category shall be adopted only after notice and opportunity for comment are afforded.
     (((20))) (21) "Silvicultural burning" means burning of wood fiber on forest land consistent with the provisions of RCW 70.94.660.
     (((21))) (22) "Source" means all of the emissions units including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related group of products.
     (((22))) (23) "Stationary source" means any building, structure, facility, or installation that emits or may emit any air contaminant.
     (24) "Trigger level" means the ambient level of fine particulates, measured in micrograms per cubic meter, that must be detected prior to initiating a first or second state of impaired air quality under RCW 70.94.473.
     (25) "Wood smoke concentration area" means areas identified by a multicounty authority as having historically problematic wood smoke concentrations. A wood smoke concentration area may only be identified by a multicounty authority that has within its jurisdiction a county of greater than five hundred thousand residents.