BILL REQ. #:  H-3787.1 

Read first time 01/14/2004.   Referred to Committee on Fisheries, Ecology & Parks.

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

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, 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 particulates ((ten)) two and one-half microns and smaller in diameter (fine particulates) 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 forecasted meteorological conditions are not expected to allow levels of fine particulates to decline for a period of forty-eight hours or more; 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)) the stage one burn ban has been in force and not been sufficient to reduce the increasing fine particle pollution trend and particulates two and one-half microns and smaller in diameter are at an ambient level of sixty micrograms per cubic meter measured on a twenty-four hour average and forecasted meteorological conditions are not expected to allow levels of fine particulates to decline for a period of forty-eight hours or more.
     (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 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.