BILL REQ. #:  Z-0069.7 

Read first time 01/25/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to reducing pollution from wood stoves; amending RCW 70.94.473; adding new sections to chapter 70.94 RCW; and prescribing penalties.

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))) (3) 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 trigger 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 program((s)) 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   A new section is added to chapter 70.94 RCW to read as follows:
     (1) All used solid fuel burning devices in or on any portion of real property sold with a residential structure in the state must be removed and destroyed, and to the extent practical materials recycled, upon sale of the residential structure unless the solid fuel burning device is 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 40 C.F.R. Part 60 (2009).
     (2) This section does not apply to:
     (a) Wood cook stoves; or
     (b) Fireplaces as defined in RCW 70.94.453.
     (3) The removal and destruction of a used solid fuel burning device under this section is the responsibility of the seller of the residential structure, unless the seller and buyer agree in writing that it is the buyer's responsibility. If the seller retains responsibility, the seller shall remove and destroy the device prior to the closing date of the sale of the residential structure. If the buyer accepts responsibility, the buyer shall remove and destroy the device within thirty days after the closing date of the sale of the residential structure.
     (4) The person responsible for removal and destruction of a used solid fuel burning device under this section shall provide to the department or local air authority written confirmation of the removal and destruction of the solid fuel burning device.
     (5) The failure of a seller or buyer of a residential structure to comply with this section does not invalidate an instrument of conveyance executed in the sale.
     (6) A person who is responsible for the removal of a solid fuel burning device under subsection (1) of this section and who fails to do so is subject to the penalties and enforcement actions under this chapter.
     (7) The requirements of this section do not apply to home sellers whose household income is less than one hundred twenty-five percent of the poverty guideline established by the United States department of health and human services.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.94 RCW to read as follows:
     To achieve and maintain compliance with federal air quality standards in areas of nonattainment for fine particulates in accordance with section 172 of the federal clean air act (42 U.S.C. Sec. 7502), a subdivision of government with jurisdiction in a nonattainment area may require installation of an adequate source of heat other than solid fuel burning devices upon the sale of a residential structure within an area designated nonattainment for particulate matter two and one-half microns or smaller by the United States environmental protection agency, or an area in maintenance status under such a designation.