BILL REQ. #:  S-1292.1 

Read first time 01/30/2007.   Referred to Committee on Water, Energy & Telecommunications.

     AN ACT Relating to use of solid fuel burning devices during impaired air quality conditions; amending RCW 70.94.473; and creating a new section.

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

Sec. 1   RCW 70.94.473 and 2005 c 197 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:
     (i) Fine particulates are at an ambient level of thirty-five micrograms per cubic meter measured on a twenty-four hour average; and
     (ii) 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) 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:
     (i) A first stage of impaired air quality has been in force and not been sufficient to reduce the increasing fine ((particle [particulate])) particulate pollution trend;
     (ii) Fine particulates are at an ambient level of sixty micrograms per cubic meter measured on a twenty-four hour average; and
     (iii) 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.
     (2) Until June 30, 2009, an authority comprised of one county, with a population of equal to or greater than four hundred thousand people, may determine, when all other criteria of subsection (1) of this section are applied, an alternative ambient air level of fine particulates that defines when a first or second stage of impaired air quality exists under subsection (1) of this section.
     (3) 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   (1) The legislature finds that there are communities in the state that exceed the national ambient air quality standards for fine particulates primarily due to wood smoke emissions from solid fuel burning devices, and that current strategies are not sufficient to reduce wood smoke emissions to levels that comply with the federal standards or adequately protect public health. The legislature finds that it is in the state's interest and to the benefit of the people of the state to evaluate additional measures to reduce wood smoke emissions and update the state wood smoke control program.
     (2) The department of ecology shall convene and chair a work group to study the impacts of wood smoke from solid fuel burning devices on communities in Washington and make recommendations to the legislature on practical and cost-effective opportunities to reduce public health threats from exposure to wood smoke from solid fuel burning devices. The work group must be appointed by the director of the department of ecology and include all regional air quality agencies, the state department of health, local health departments, and the hearth products industries.
     (3) In carrying out its assignment the work group shall consider, but not be limited to:
     (a) Communities in the state that have elevated levels of fine particulates;
     (b) The contribution of pollution from solid fuel burning devices to potential violations of federal air quality standards;
     (c) Strategies used in other states, regions, or cities to reduce wood smoke pollution levels and effectiveness of these strategies;
     (d) State laws, rules, tariffs, and policies that may affect the ability to reduce emissions from solid fuel burning devices or encourage the use of cleaner burning devices; and
     (e) Potential financial incentives and sources of funding to change out older solid fuel burning devices with cleaner burning devices.
     (4) Recommendations from the work group may include statutory or regulatory changes, incentives, and other strategies that will reduce ambient fine particulates to levels sufficient to protect public health. The recommendations must be provided to the governor and to the policy committees of the senate and house of representatives that deal with air quality issues by December 1, 2007.