SENATE BILL REPORT

SB 5315

BYSenators Talmadge, Kreidler, Kiskaddon, Williams and Rinehart

Regulating wood stoves.

Senate Committee on Parks & Ecology

Senate Hearing Date(s):January 22, 1987; February 4, 1987

Majority Report:  That Substitute Senate Bill No. 5315 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Kreidler, Chairman; Bluechel, Hansen, Kiskaddon.

Senate Staff:Henry Yates (786-7708)

                  February 4, 1987

AS REPORTED BY COMMITTEE ON PARKS & ECOLOGY, FEBRUARY 4, 1987

BACKGROUND:

In the late 1970s, wood heating became very popular, primarily due to the "oil crisis" which raised heating costs substantially. It has been estimated that prior to that time, only about 2 percent of Washington's residents used wood as a primary heating source.  A 1980 survey showed that more than 10 percent of the state's population used wood as their sole form of heat.  Based on the pace of woodstove sales and installations in the state, it is believed that figure will steadily increase.

There is concern that this trend is creating poor air quality in many residential areas in the state.  Studies conducted by state and federal agencies indicate that wood smoke contains some toxic substances and greater amounts of fine particle matter than industrial smoke or smoke from transportation sources.

Certain stoves are designed to burn more efficiently than others and insure that most of the gases and fine particles are consumed by the flame.  Several local governments throughout the country and some in the state have adopted ordinances prohibiting inefficient stoves from being sold in their jurisdictions. Oregon and Colorado allow only clean-burning stoves to be sold within their borders.  Also, the Environmental Protection Agency has indicated it will adopt regulations to control wood burning stove emissions.

SUMMARY:

The Department of Ecology is to adopt rules establishing statewide emission performance standards for new wood stoves sold after July 1, 1988.  The standards are to be consistent with those effective in bordering states on or before January 1, 1987. After January 1, 1991, any new wood stove sold in the state must meet emission standards adopted by the federal Environmental Protection Agency.  The Department of Ecology must institute a program to approve the sale of stoves that comply with the standards.

By January 1, 1988, Ecology is to adopt rules that set a statewide opacity limit for wood stoves and develop provisions for enforcement.  Anyone using a wood stove that has another adequate source of heat without burning wood can be prohibited from burning the stove when certain air pollution conditions exist.  After July 1, 1988, no one may sell a wood stove that has not been approved by the Department.  Certain materials, including coal, are not to be burned in wood stoves, except under certain conditions.

The Department of Ecology is to develop a wood stove education program funded by a flat fee of not more than five dollars, assessed on solid fuel burning devices, except masonry fireplaces.  An advisory committee, with specified members, is to participate in rule development and implementation of the public education program.

EFFECT OF PROPOSED SUBSTITUTE:

Wording changes have been made to allow solid fuel burning devices that are not wood stoves to be certified.  Opacity levels for education and enforcement are specified and become more stringent after July 1, 1990.  Modifications are made to insure that only persons who knowingly advertise to sell wood stoves that have not been state certified are subject to enforcement actions.  Media outlets accepting advertising in good faith are not subject to enforcement provisions for advertising violations.  Monies collected for woodstove education are to be appropriated by the Legislature.  Local air authorities are not to enact more stringent standards for woodstove certification and opacity.

Fiscal Note:      requested

Senate Committee - Testified: Tim Gray, Redmond Stove and Spa; Janet Chalupnik, ALAW; Dr. William Pearson; Naydene Maykut, PSAPCA; Jerry Fisk, Energy Source; Larry Blum, Washington Wood Energy Association; Isabelle Spohn, Washington Environmental Council; Donna Larson, Citizens Against Woodsmoke Fumes; Gary Smith, IBA; Paul Conrad, Allied Daily Newspapers; Catherine Bens, Department of Ecology