BILL REQ. #: S-1330.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to reducing fine particle pollution from solid fuel burning devices and fireplaces; 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 2008 c 40 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 forecasted meteorological
conditions are predicted to cause fine particulate levels to exceed
thirty-five micrograms per cubic meter, measured on a twenty-four hour
average, within forty-eight hours; and
(c)(i) Within areas of nonattainment or maintenance status for fine
particulates in accordance with section 172 of the federal clean air
act (42 U.S.C. Sec. 7502), 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
within a nonattainment or maintenance area for fine particulate matter
is reached when a first stage of impaired air quality has been in force
and has not been sufficient to reduce the increasing fine particulate
pollution trend, fine particulates are at an ambient level of ((twenty-five)) twenty 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 below ((twenty-five))
twenty micrograms per cubic meter for a period of twenty-four hours or
more from the time that the fine particulates are measured at the
trigger level.
(ii) In all other areas, 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 a first stage of impaired air quality has been in force
and has not been sufficient to reduce the increasing fine particulate
pollution trend, fine particulates are at an ambient level of twenty-five 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 below twenty-five micrograms per
cubic meter for a period of twenty-four hours or more from the time
that the fine particulates are measured at the trigger level.
(iii) A second stage burn ban may be called without calling a first
stage burn ban only when all of the following occur and shall require
the department or the local air pollution control authority calling a
second stage burn ban under this subsection ((to comply with the
requirements of subsection (4) of this section)):
(A) Fine particulate levels have reached or exceeded ((twenty-five
micrograms per cubic meter, measured on a twenty-four hour average))
the pollution levels defined in (c)(i) or (ii) of this subsection;
(B) Meteorological conditions have caused fine particulate levels
to rise rapidly;
(C) Meteorological conditions are predicted to cause fine
particulate levels to exceed ((the)) thirty-five micrograms per cubic
meter, measured on a twenty-four hour average, within twenty-four
hours; and
(D) Meteorological conditions are highly likely to prevent
sufficient dispersion of fine particulate.
(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.
(((3) The department or any local air pollution control authority
that has called a second stage burn ban under the authority of
subsection (1)(c)(ii) of this section shall, within ninety days,
prepare a written report describing:))
(a) The meteorological conditions that resulted in their calling
the second stage burn ban;
(b) Whether the agency could have taken actions to avoid calling a
second stage burn ban without calling a first stage burn ban; and
(c) Any changes the department or authority is making to its
procedures of calling first stage and second stage burn bans to avoid
calling a second stage burn ban without first calling a first stage
burn ban.
After consulting with affected parties, the department shall
prescribe the format of such a report and may also require additional
information be included in the report. All reports shall be sent to
the department and the department shall keep the reports on file for
not less than five years and available for public inspection and
copying in accordance with RCW 42.56.090.
(4) The department and local air pollution control authorities
shall evaluate the effectiveness of the burn ban programs contained in
this section in avoiding fine particulate levels to exceed thirty-five
micrograms per cubic meter, measured on a twenty-four hour average, and
provide a joint report of the results to the legislature by September
1, 2011.
NEW SECTION. Sec. 2 (1) The department of ecology shall convene
a stakeholder work group to develop strategies to reduce fine particle
pollution in communities that either are, or are at-risk of, violating
national ambient air quality standards for fine particulate pollution
principally due to pollution from solid fuel burning devices and
fireplaces. The work group should include representatives of local
governments, state and local health agencies, local air pollution
control authorities, the utilities and transportation commission, the
department of commerce, health advocacy organizations, local chambers
of commerce, the hearth products industry, real estate and property
management associations, other affected industries, neighborhood
associations, community assistance programs, and the general public.
(2) The work group shall submit a report to the department of
ecology and the chairs of the environmental and fiscal committees of
the house of representatives and the senate by December 1, 2011, that
includes recommendations for programs and strategies that will reduce
emissions from solid fuel burning devices and fireplaces.
Recommendations must also include:
(a) Public/private financing strategies and other options to fund
emission reduction programs, strategies, and compliance; and
(b) Any legislation necessary to implement the proposed emission
reduction programs, strategies, and compliance mechanisms.