READ FIRST TIME 02/25/09.   

     AN ACT Relating to limiting the use of certain solid fuel burning devices; and amending RCW 70.94.477.

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

Sec. 1   RCW 70.94.477 and 1995 c 205 s 2 are each amended to read as follows:
     (1) Unless allowed by rule((,)) under chapter 34.05 RCW, a person shall not cause or allow any of the following materials to be burned in any residential solid fuel burning device:
     (a) Garbage;
     (b) Treated wood;
     (c) Plastics;
     (d) Rubber products;
     (e) Animals;
     (f) Asphaltic products;
     (g) Waste petroleum products;
     (h) Paints; or
     (i) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious odors.
     (2) ((For the sole purpose of a contingency measure to meet the requirements of)) To achieve and maintain attainment in areas of nonattainment for fine particulates in accordance with section 172(((c)(9))) of the federal clean air act, a local air pollution control authority or the department may, after meeting requirements in subsection (3) of this section, prohibit the use of solid fuel burning devices, except:
     (a) Fireplaces as defined in RCW 70.94.453(3)((,));
     (b) Wood stoves meeting the standards set forth in RCW ((70.94.457)) 70.94.473(1)(b); or
     (c) Pellet stoves ((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, if the United States environmental protection agency, in consultation with)).
     (3) Prior to prohibiting the use of solid fuel burning devices under subsection (2) of this section, the department ((and)) or the local air pollution control authority ((makes)) must:
     (a) Seek input from any city, county, or jurisdictional health department affected by the proposal to prohibit the use of solid fuel burning devices; and
     (b) Make written findings that:
     (((a))) (i) The area ((has failed to make reasonable further progress or attain or maintain a national ambient air quality standard)) is designated as an area of nonattainment for fine particulate matter by the United States environmental protection agency, or is in maintenance status under that designation; ((and
     (b))) (ii) Emissions from solid fuel burning devices ((from a particular geographic)) in the area are a major contributing factor ((to such failure to make reasonable further progress or attain or maintain a)) for violating the national ambient air quality standard for fine particulates; and
     (iii) The area has an adequately funded program to assist low-income households to secure an adequate source of heat, which may include wood stoves meeting the requirements of RCW 70.94.453(2).
     (4) If and only if the nonattainment area is within the jurisdiction of the department and the legislative authority of a city or county within the area of nonattainment formally expresses concerns with the department's written findings, then the department must publish on the department's web site the reasons for prohibiting the use of solid fuel burning devices under subsection (2) of this section that includes a response to the concerns expressed by the city or county legislative authority.
     (5) When a local air pollution control authority or the department prohibits the use of solid fuel burning devices as authorized by this section, the cities, counties, and jurisdictional health departments serving the area shall cooperate with the department or local air pollution control authority as the department or the local air pollution control authority implements the prohibition. However, cooperation shall not include enforcement of this prohibition. The responsibility for actual enforcement of the prohibition shall reside solely with the department or the local air pollution control authority.
     (6) A prohibition issued by a local air pollution control authority or the department under this ((subsection)) section shall not apply to a person in a residence or commercial establishment that does not have an adequate source of heat without burning wood.
     (7) As used in this section, "jurisdictional health department" means a city, county, city-county, or district public health department.