FINAL BILL REPORT
ESHB 1302
C 197 L 05
Synopsis as Enacted
Brief Description: Modifying burn ban triggers.
Sponsors: By House Committee on Natural Resources, Ecology & Parks (originally sponsored by Representatives Kagi, Jarrett and B. Sullivan).
House Committee on Natural Resources, Ecology & Parks
Senate Committee on Water, Energy & Environment
Background:
The Washington Clean Air Act (Act) regulates the use of wood stoves, fireplaces, and other
solid fuel burning devices. The Act prohibits the sale of solid fuel burning devices that do not
meet certain defined standards. Use of uncertified burning devices, which are those devices
that do not meet these standards, may generally continue if the device was purchased prior to
the sales prohibition.
The Act also establishes a two-stage burn ban. During a first stage burn ban, residential and
commercial buildings are prohibited from burning wood in any stove or fireplace that is not
certified. During a second stage burn ban, all buildings are prohibited from burning wood in
both certified and uncertified solid fuel burning devices. Buildings that do not have an
adequate source of heat without burning wood are allowed to burn wood during both first and
second stage burn bans.
Both the Department of Ecology (Department) and local air agencies have the authority to
declare first and second stage impaired air episodes. There are two triggers for a first stage
impaired air episode. The first trigger is a recorded measurement of particulates in the air that
are 10 microns or smaller at an average concentration of 60 micrograms per cubic meter over
24 hours. A first stage episode can also be triggered if carbon monoxide is measured at an
average ambient level concentration of eight parts per million over an eight hour period. A
second stage impaired air quality episode is triggered when the 24-hour average
concentration for particulates that are 10 microns or smaller reach a concentration of 105
micrograms per cubic meter.
Summary:
First Stage Burn Bans
The triggers for establishing a first and second stage burn ban are altered. The formula for
declaring a first stage ban is changed from measuring particulates sized 10 microns or smaller
at a concentration of greater than 60 micrograms per cubic meter, to measuring particulates
sized 2.5 microns or smaller at a concentration of 35 micrograms per cubic meter. In
addition to measuring the necessary concentration of fine particulates, a first state burn ban
may not be called unless the meteorological forecast predicts that the conditions for the
following 48 hours will not allow the levels of fine particulates to decline below a
concentration of 35 micrograms per cubic meter.
The carbon monoxide standard for allowing a first stage burn ban is removed. Only the fine
particulate measurements may trigger a burn ban.
Second Stage Burn Bans
The formula for declaring a second stage ban is changed from measuring particulates sized 10
microns or smaller at a concentration of greater than 105 micrograms per cubic meter, to
measuring particulates sized 2.5 microns or smaller at a concentration of 60 micrograms per
cubic meter. In addition to the measurement of fine particulates, a second stage burn ban
may not be given effect unless a first stage burn ban has been in force and proven insufficient
to reduce the rate of increase in the concentration of fine particulates in the air. Also, the
meteorological forecast must predict that the conditions for the following 48 hours will not
allow the levels of fine particulates to decline below the necessary trigger level.
Votes on Final Passage:
House 64 32
Senate 35 7
Effective: July 24, 2005