BILL REQ. #:  S-0132.3 

Read first time 01/30/09.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to nonsubstantive changes clarifying outdoor burning provisions of the Washington clean air act; amending RCW 70.94.775, 70.94.743, 70.94.755, 70.94.760, 70.94.765, 70.94.745, 70.94.750, 70.94.650, 70.94.654, 70.94.656, 70.94.660, 70.94.670, 70.94.690, 70.94.700, and 70.94.651; adding new sections to chapter 70.94 RCW; creating new sections; and recodifying RCW 70.94.775, 70.94.743, 70.94.780, 70.94.755, 70.94.760, 70.94.765, 70.94.745, 70.94.750, 70.94.650, 70.94.654, 70.94.656, 70.94.660, 70.94.665, 70.94.670, 70.94.690, 70.94.700, and 70.94.651.

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

NEW SECTION.  Sec. 1   The purpose of this act is to make technical, nonsubstantive changes to outdoor burning provisions of the Washington clean air act, chapter 70.94 RCW, to improve clarity. No provision of this act may be construed as a substantive change to the Washington clean air act.

NEW SECTION.  Sec. 101   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.

Sec. 102   RCW 70.94.775 and 1995 c 362 s 2 are each amended to read as follows:
     Except as provided in ((RCW 70.94.650(5))) section 601 of this act, no person shall cause or allow any outdoor fire:
     (1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;
     (2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality condition as defined in RCW 70.94.473.

Sec. 103   RCW 70.94.743 and 2004 c 213 s 1 are each amended to read as follows:
     (1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical((:
     (a))), outdoor burning shall not be allowed in:
     (a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted by outdoor burning((.
     (b) Outdoor burning shall not be allowed in)); or
     (b) Any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative disposal practices consistent with good solid waste management are reasonably available or practices eliminating production of organic refuse are reasonably available. ((In no event shall such burning be allowed after December 31, 2000, except that within the urban growth areas for cities having a population of less than five thousand people, that are neither within nor contiguous with any nonattainment or maintenance area designated under the federal clean air act, in no event shall such burning be allowed after December 31, 2006.
     (c))) (2) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting jurisdiction as determined under RCW 70.94.660 or 70.94.755 (as recodified by this act). If outdoor burning is allowed in areas subject to subsection (1)(a) or (b) of this ((subsection)) section, a permit shall be required, and a fee may be collected to cover the expenses of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.750(1) and 70.94.775 (as recodified by this act) apply to outdoor burning allowed under this section.
     (((d)(i))) (3)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under RCW 70.94.650 and 70.94.656 (as recodified by this act), is allowed within the urban growth area ((as defined in (b) of this subsection if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area)) in accordance with RCW 70.94.650(8)(a) (as recodified by this act).
     (((ii))) (b) Outdoor burning of cultivated orchard trees((, whether or not agricultural crops will be replanted on the land,)) shall be allowed as an ongoing agricultural activity under this section ((if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases)) in accordance with RCW 70.94.650(8)(b) (as recodified by this act).
     (((2) "Outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
     (3))) (4) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.

Sec. 201   RCW 70.94.755 and 1997 c 225 s 2 are each amended to read as follows:
     Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burning policy authorized by RCW 70.94.743 through 70.94.765 (as recodified by this act).

Sec. 202   RCW 70.94.760 and 1986 c 100 s 55 are each amended to read as follows:
     Nothing contained in RCW ((70.94.740)) 70.94.743 through 70.94.765 (as recodified by this act) is intended to alter or change the provisions of RCW 70.94.660 (as recodified by this act), 70.94.710 through 70.94.730, and 76.04.205.

Sec. 203   RCW 70.94.765 and 1972 ex.s. c 136 s 6 are each amended to read as follows:
     Nothing in RCW ((70.94.740)) 70.94.743 through 70.94.765 (as recodified by this act) shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority from allowing the burning of outdoor fires.

Sec. 301   RCW 70.94.745 and 1995 c 206 s 1 are each amended to read as follows:
     (1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or policy, a limited burning permit program.
     (2) The permit program shall apply to residential and land clearing burning in the following areas:
     (a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and
     (b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.743 (as recodified by this act).
     (3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an unincorporated population of less than fifty thousand.
     (4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by the permitting entity.
     (5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW ((70.94.714)) 70.94.715. This subsection (5) shall only apply within counties with a population less than two hundred fifty thousand.
     (6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster and encourage development of alternate methods or technology for disposing of or reducing the amount of organic refuse.
     (7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any fee if:
     (a) The burning is incidental to commercial agricultural activities;
     (b) The operator notifies the local fire department within the area where the burning is to be conducted;
     (c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715; and
     (d) Only the following items are burned:
     (i) Orchard prunings;
     (ii) Organic debris along fence lines or irrigation or drainage ditches; or
     (iii) Organic debris blown by wind.
     (8) As used in this section, "nonurban areas" are unincorporated areas within a county that ((is)) are not designated as ((an)) urban growth areas under chapter 36.70A RCW.
     (9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, unless the fire district enters into an agreement with the department of ecology, department of natural resources, a local air pollution control authority, or other appropriate entity to provide such enforcement.

Sec. 302   RCW 70.94.750 and 1991 c 199 s 412 are each amended to read as follows:
     The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:
     (1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.
     (2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; ((provided)) except that the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.

Sec. 401   RCW 70.94.650 and 1998 c 43 s 1 are each amended to read as follows:
     (1) Any person who proposes to set fires in the course of((:
     (a) Weed abatement;
     (b) Instruction in methods of fire fighting, except training to fight structural fires as provided in RCW 52.12.150 or training to fight aircraft crash rescue fires as provided in subsection (5) of this section, and except forest fire training; or
     (c))) agricultural activities((,)) shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70.94.654 (as recodified by this act). General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities.
     (a) Permits shall be issued under this section based on seasonal operations or by individual operations, or both. ((All permits shall be conditioned))
     (b) Incidental agricultural burning consistent with provisions established in RCW 70.94.745 (as recodified by this act) is allowed without applying for any permit and without the payment of any fee.
     (2) The department of ecology, local air authorities, or a local entity with delegated permit authority shall:
     (a) Condition all permits to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered((. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both.));
     (b) Condition all burning permits ((will be designed)) to minimize air pollution insofar as practical((. Nothing in this section shall relieve the applicant from obtaining permits, licenses, or other approvals required by any other law.));
     (c) Act upon, within seven days from the date an application is filed under this section, an application for a permit to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement, or development of physiological conditions conducive to increased crop yield((, shall be acted upon within seven days from the date such application is filed. The department of ecology and local air authorities shall));
     (d) Provide convenient methods for issuance and oversight of agricultural burning permits((. The department and local air authorities shall,)); and
     (e) Work, through agreement, ((work)) with counties and cities to provide convenient methods for granting permission for agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other methods.
     (3) A local air authority administering the permit program under ((this)) subsection (((1)(c))) (2) of this section shall not limit the number of days of allowable agricultural burning, but may consider the time of year, meteorological conditions, and other criteria specified in rules adopted by the department to implement ((this)) subsection (((1)(c))) (2) of this section.
     (((2))) (4) In addition to following any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law.
     (5) The department of ecology, the appropriate local air authority, or a local entity with delegated permitting authority pursuant to RCW 70.94.654 (as recodified by this act) at the time the permit is issued shall assess and collect permit fees ((shall be assessed)) for burning under this section ((and shall be collected by the department of ecology, the appropriate local air authority, or a local entity delegated permitting authority pursuant to RCW 70.94.654 at the time the permit is issued)). All fees collected shall be deposited in the air pollution control account created in RCW 70.94.015, except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (((4))) (6) of this section, but shall not exceed two dollars and fifty cents per acre to be burned. After fees are established by rule, any increases in such fees shall be limited to annual inflation adjustments as determined by the state office of the economic and revenue forecast council.
     (((3) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
     (4))) (6) An agricultural burning practices and research task force shall be established under the direction of the department. The task force shall be composed of a representative from the department who shall serve as chair; one representative of eastern Washington local air authorities; three representatives of the agricultural community from different agricultural pursuits; one representative of the department of agriculture; two representatives from universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical community; and one representative of the conservation districts. The task force shall:
     (a) Identify best management practices for reducing air contaminant emissions from agricultural activities and provide such information to the department and local air authorities((. The task force shall));
     (b) Determine the level of fees to be assessed by the permitting agency pursuant to subsection (((2))) (5) of this section, based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions((. The task force shall));
     (c) Identify research needs related to minimizing emissions from agricultural burning and alternatives to such burning((. Further, the task force shall)); and
     (d) Make recommendations to the department on priorities for spending funds provided through this chapter for research into alternative methods to reduce emissions from agricultural burning.
     (((5) A permit is not required under this section, or under RCW 70.94.743 through 70.94.780, from an air pollution control authority, the department, or any local entity with delegated permit authority, for aircraft crash rescue fire training activities meeting the following conditions:
     (a) Firefighters participating in the training fires must be limited to those who provide fire fighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities;
     (b) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715 for the area where training is to be conducted;
     (c) The number of training fires allowed per year without a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
     (d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, the air contaminants generated during operation; and
     (e) Prior to the commencement of the aircraft fire training, the organization conducting training shall notify both the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local entity delegated permitting authority under RCW 70.94.654, having jurisdiction within the area where training is to be conducted.
     Written approval from the department or a local air pollution control authority shall be obtained prior to the initial operation of aircraft crash rescue fire training. Such approval will be granted to fire training activities meeting the conditions in this subsection.
     (6) Aircraft crash rescue fire training activities conducted in compliance with this subsection are not subject to the prohibition, in RCW 70.94.775(1), of outdoor fires containing petroleum products and are not considered outdoor burning under RCW 70.94.743 through 70.94.780.
     (7) To provide for fire fighting instruction in instances not governed by subsection (6) of this section, or other actions to protect public health and safety, the department or a local air pollution control authority may issue permits that allow limited burning of prohibited materials listed in RCW 70.94.775(1).))
     (7) Conservation districts and the Washington State University agricultural extension program in conjunction with the department shall develop public education material for the agricultural community identifying the health and environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural outdoor burning.
     (8)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is consistent with agricultural burning authorized under this section and RCW 70.94.656 (as recodified by this act), is allowed within the urban growth area as described in RCW 70.94.743 (as recodified by this act) if the burning is not conducted during air quality episodes, or where a determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities preceded the designation as an urban growth area.
     (b) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is an appropriate method to prevent or control the spread of horticultural pests or diseases.

Sec. 402   RCW 70.94.654 and 1993 c 353 s 2 are each amended to read as follows:
     Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 (as recodified by this act) and sections 601 and 704 of this act and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.

Sec. 403   RCW 70.94.656 and 1998 c 245 s 130 are each amended to read as follows:
     It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to promote the development of economical and practical alternate agricultural practices to such burning, and to provide for interim regulation of such burning until practical alternates are found.
     (1) The department shall approve of a study or studies for the exploration and identification of economical and practical alternate agricultural practices to the open burning of field and turf grasses grown for seed. Any study conducted pursuant to this section shall be conducted by Washington State University. The university may not charge more than eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW 70.94.650 (as recodified by this act), there shall be collected a fee not to exceed one dollar per acre of crop to be burned. Any such fees received by any authority shall be transferred to the department of ecology. The department of ecology shall deposit all such acreage fees in a special grass seed burning research account, hereby created, in the state treasury.
     (2) The department shall allocate moneys annually from this account for the support of any approved study or studies as provided for in subsection (1) of this section. Whenever the department of ecology shall conclude that sufficient reasonably available alternates to open burning have been developed, and at such time as all costs of any studies have been paid, the grass seed burning research account shall be dissolved, and any money remaining therein shall revert to the general fund. The fee collected under subsection (1) of this section shall constitute the research portion of fees required under RCW 70.94.650 (as recodified by this act) for open burning of grass grown for seed.
     (3) Whenever on the basis of information available to it, the department after public hearings have been conducted wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate. Thereafter, in any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown for seed shall be disallowed and no permit shall issue therefor.
     (4) Until approved alternates become available, the department or the authority may limit the number of acres on a pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions from this source.
     (5) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse meteorological conditions.
     (6) ((By November 1, 1996, and)) Every two years ((thereafter)) until grass seed burning is prohibited, Washington State University may prepare a brief report assessing the potential of the university's research to result in economical and practical alternatives to grass seed burning.

Sec. 501   RCW 70.94.660 and 1991 c 199 s 404 are each amended to read as follows:
     (1) The department of natural resources shall have the responsibility for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and/or for the public health, safety, and welfare:
     (a) Abating a forest fire hazard;
     (b) Prevention of a fire hazard;
     (c) Instruction of public officials in methods of forest fire fighting;
     (d) Any silvicultural operation to improve the forest lands of the state; and
     (e) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
     (2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating outdoor burning on lands where the department of natural resources does not have fire protection responsibility.
     (3) Permit fees shall be assessed for silvicultural burning under the jurisdiction of the department of natural resources and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air pollution control account, created in RCW 70.94.015. The legislature shall appropriate to the department of natural resources funds from the air pollution control account to enforce and administer the program under RCW 70.94.665 and 70.94.660, 70.94.670, and 70.94.690 (as recodified by this act). Fees shall be set by rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public and the forest fire advisory board established by RCW 76.04.145.

Sec. 502   RCW 70.94.670 and 1991 c 199 s 405 are each amended to read as follows:
     The department of natural resources in granting burning permits for fires for the purposes set forth in RCW 70.94.660 (as recodified by this act) shall condition the issuance and use of such permits to comply with air quality standards established by the department of ecology after full consultation with the department of natural resources. Such burning shall not cause the state air quality standards to be exceeded in the ambient air up to two thousand feet above ground level over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air quality standards shall be established and published by the department of ecology which shall also establish a procedure for advising the department of natural resources when and where air contaminant levels exceed or threaten to exceed the ambient air standards over such critical areas. The air quality shall be quantitatively measured by the department of ecology or the appropriate local air pollution control authority at established monitoring stations over such designated areas. Further, such permitted burning shall not cause damage to public health or the environment. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal objectives designed consistent with this section to minimize any air pollution from such burning and the procedures necessary to meet those objectives.
     The department of natural resources shall encourage more intense utilization in logging and alternative silviculture practices to reduce the need for burning. The department of natural resources shall, whenever practical, encourage landowners to develop and use alternative acceptable disposal methods subject to the following priorities: (1) Slash production minimization, (2) slash utilization, (3) nonburning disposal, (4) silvicultural burning. Such alternative methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial feasibility.
     The department of natural resources shall not issue burning permits and shall revoke previously issued permits at any time in any area where the department of ecology or local board has declared a stage of impaired air quality as defined in RCW 70.94.473.

Sec. 503   RCW 70.94.690 and 1991 c 199 s 406 are each amended to read as follows:
     In the regulation of outdoor burning not included in RCW 70.94.660 (as recodified by this act) requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and responsibilities of the respective agencies. The department of natural resources shall include any local authority's burning regulations with permits issued where applicable pursuant to RCW ((70.94.740)) 70.94.743 through 70.94.775 (as recodified by this act). The department shall develop agreements with all local authorities to coordinate regulations.
     Permits shall be withheld by the department of natural resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of ecology.

Sec. 504   RCW 70.94.700 and 1971 ex.s. c 232 s 6 are each amended to read as follows:
     The department of natural resources and the department of ecology may adopt rules ((and regulations)) necessary to implement their respective responsibilities under the provisions of RCW 70.94.650 through 70.94.700 (as recodified by this act).

NEW SECTION.  Sec. 601   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     (1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this section, or under RCW 70.94.743 through 70.94.780 (as recodified by this act), from an air pollution control authority, the department, or any local entity with delegated permit authority:
     (a) Firefighters participating in the training fires must be limited to those who provide fire fighting support to an airport that is either certified by the federal aviation administration or operated in support of military or governmental activities;
     (b) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715 for the area where training is to be conducted;
     (c) The number of training fires allowed per year without a permit shall be the minimum number necessary to meet federal aviation administration or other federal safety requirements;
     (d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, the air contaminants generated during operation; and
     (e) The organization conducting training shall notify both the: (i) Local fire district or fire department; and (ii) air pollution control authority, department of ecology, or local entity delegated permitting authority under RCW 70.94.654 (as recodified by this act), having jurisdiction within the area where training is to be conducted before the commencement of aircraft fire training. Written approval from the department or a local air pollution control authority shall be obtained prior to the initial operation of aircraft crash rescue fire training. Such approval will be granted to fire training activities meeting the conditions in this subsection.
     (2) Aircraft crash rescue fire training activities conducted in compliance with subsection (1) of this section are not subject to the prohibition, in RCW 70.94.775(1)(as recodified by this act), of outdoor fires containing petroleum products and are not considered outdoor burning under RCW 70.94.743 through 70.94.780 (as recodified by this act).
     (3) Training to fight structural fires located outside urban growth areas in counties that plan under the requirements of RCW 36.70A.040 and outside of any city with a population of ten thousand or more in all other counties does not need a permit under this section from an air pollution control authority or the department of ecology, but must be conducted in accordance with RCW 52.12.150.
     (4) Training to fight forest fires does not require a permit from an air pollution control authority or the department of ecology.
     (5) To provide for fire fighting instruction in instances not governed by subsections (1) through (3) of this section, or other actions to protect public health and safety, the department or a local air pollution control authority may issue permits that allow limited burning of prohibited materials listed in RCW 70.94.775(1) (as recodified by this act).

NEW SECTION.  Sec. 701   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     Consistent with RCW 70.94.743 (as recodified by this act), outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.

NEW SECTION.  Sec. 702   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.

Sec. 703   RCW 70.94.651 and 1991 c 199 s 407 are each amended to read as follows:
     Nothing ((contained)) in this chapter ((shall)) prohibits fires necessary((: (1))) to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter 79.70 RCW((; and (2) for Indian ceremonies or for the sending of smoke signals if part of a religious ritual)). Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.

NEW SECTION.  Sec. 704   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70.94.654 (as recodified by this act). General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both. All permits shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. An application for a permit to set fires in the course of weed abatement shall be acted upon within seven days from the date such application is filed.

NEW SECTION.  Sec. 705   A new section is added to chapter 70.94 RCW under the subchapter heading "outdoor burning" to read as follows:
     Consistent with RCW 70.94.745 (as recodified by this act), neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715. This section shall only apply within counties with a population less than two hundred fifty thousand.

NEW SECTION.  Sec. 801   Part headings as used in this act are not any part of the law.

NEW SECTION.  Sec. 802   The following sections are recodified in chapter 70.94 RCW in the following order under the subchapter heading "outdoor burning."
     RCW 70.94.775
     RCW 70.94.743
     RCW 70.94.780
     RCW 70.94.755
     RCW 70.94.760
     RCW 70.94.765
     RCW 70.94.745
     RCW 70.94.750
     RCW 70.94.650
     RCW 70.94.654
     RCW 70.94.656
     RCW 70.94.660
     RCW 70.94.665
     RCW 70.94.670
     RCW 70.94.690
     RCW 70.94.700
     RCW 70.94.651

NEW SECTION.  Sec. 803   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.