OLYMPIC AIR POLLUTION
[Filed April 23, 1997, 11:20 a.m.]
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Amending OAPCA Regulation 1, Article 8, Solid Fuel Burning Devices, Section 8.09 Curtailment, paragraphs (d), (f) and (g).
Purpose: To amend OAPCA Regulation 1, Section 8.09 to conform with changes to chapter 70.94 RCW imposed by SHB 1053 as passed by the 53rd Legislature in 1995.
Other Identifying Information: Adopting changes to chapter 70.94 RCW in SHB 1053 as approved by the governor, March 3, 1995.
Statutory Authority for Adoption: RCW 70.94.141.
Statute Being Implemented: Chapter 70.94 RCW.
Summary: Amending OAPCA Regulation 1, Section 8.09 to conform with changes to chapter 70.94 RCW under SHB 1053.
Reasons Supporting Proposal: The 53rd Legislature passed and the governor signed SHB 1053 which changed a woodstove curtailment measure.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: John T. Kelly, 909 Sleater Kinney Road S.E., #1, 438-8768.
Name of Proponent: Olympia Air Pollution Control Authority (OAPCA), governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The amended rule changes a woodstove curtailment (burn ban) measure. The section refers to a contingency measure to be implemented if an area fails to meet federal air quality standards. The purpose of the proposed rule change is to eliminate language which is no longer consistent with state air quality implementation plan.
Proposal Changes the Following Existing Rules: Proposed rule change adopts language in chapter 70.94 RCW into Regulation 1 Section 8.09, and deletes language which was removed by SHB 1053 in regard to curtailments (burn bans). The measure would allow the agency to restrict the use of noncertified woodstoves in the event the area fails to meet federal air quality standards. These are changes to the present language and not new provisions.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule change is exempt from RCW 19.85.025(2) under RCW 34.05.310 (4)(c) as it adopts without material change provisions of legislative changes to Washington state statute.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rule is exempt from RCW 34.05.328 (b)(3) as it adopts without material change revisions of Washington state statute.
Hearing Location: OAPCA Board Room, 909 Sleater Kinney Road S.E., Suite #1, Lacey, WA 98503, on June 11, 1997, at 10:15 a.m.
Assistance for Persons with Disabilities: Contact John T. Kelly by June 6, 1997.
Submit Written Comments to: John T. Kelly, Olympic Air Pollution Control Authority, 909 Sleater Kinney Road, Suite [#1], Lacey, WA 98503, FAX (360) 491-6308, by June 10, 1997.
Date of Intended Adoption: June 11, 1997.
April 23, 1997
John T. Kelly
Air Quality Specialist
SECTION 8.09 CURTAILMENT
(a) Whenever the Authority has declared an Impaired Air Quality Stage 1 for a geographic area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device, unless the solid fuel burning device is one of the following:
(1) The solid fuel burning device is certified; or
(2) A nonaffected pellet stove.
(b) Whenever the Authority has declared an Impaired Air Quality Stage 2 for a geographic area a person in a residence or commercial establishment within that geographical area with an adequate source of heat other than a solid fuel burning device shall not operate any solid fuel burning device.
(c) The affected geographic area of a declared Impaired Air Quality shall be determined by the Control Officer.
(d) For the sole purpose of a contingency measure to meet the requirements of section 172 (c)(9) of the federal clean air act, the use of solid fuel burning devices, except fireplaces as defined in RCW 70.94.453(3), wood stoves meeting the standards set forth in RCW 70.94.457 or pellet stoves either certified or issued an exemption by the EPA in accordance with Title 40, Part 60 of the Code Of Federal Regulations will be prohibited if the EPA, in consultation with Ecology and the Authority, makes written findings that:
(1) The area has failed to make reasonable further progress or attain or maintain a national ambient air quality standard; and
(2) Emissions from solid fuel burning devices from a particular geographic area are a contributing factor to such failure to make reasonable further progress or attain or maintain a national ambient air quality standard.
A prohibition issued under this subsection shall not apply to a person in a residence or commercial establishment that does not have an adequate source of heat without burning wood.
If, on or after July 1, 1995, the Thurston County nonattainment area
is not in attainment with national ambient air quality standards for
particulate matter as specified in Title 40, Section 50.6 of the Code of
Federal Regulations, any person in a residence or commercial
establishment within the nonattainment areas shall not, at any time, burn
solid fuel in any solid fuel burning device, except:
(1) Fireplaces as defined in RCW 70.94.453(3);
(2) certified woodstoves;
(3) nonaffected pellet stoves.
(e) The nonattainment area is to consist of all areas within the city limits of Lacey, Olympia, and Tumwater, and unincorporated areas of Thurston County lying within or between the municipal boundaries.
(f) Low income exemption;
(1) A person who demonstrates an economic need to burn solid fuel
for residential space heating purposes by qualifying for the low income
energy assistance program as administered by the Thurston County
Community Action Council is eligible for a written solid fuel burning
device special need exemption issued by the Authority.
(2) Application for a solid fuel burning device special need
exemption may be made to the Authority at any time. Exemptions shall be
valid for one (1) year and may be renewed provided that the applicant
qualifies for the low income energy assistance program at the time of
renewal application. Special need exemptions are nontransferable and are
valid only at the residence location and for the person to whom the
exemption is issued. Exemptions shall be issued at no cost to the
(g) Impaired Air Quality;
(1) On or after July 1, 1995, if the Authority has limited the use
of solid fuel burning devices in the nonattainment area, a single stage
of Impaired Air Quality shall apply in this geographical area and is
reached when particulates 10 micron and smaller in diameter are at an
ambient level of 90 micrograms per cubic meter of air as measured by a
federal reference method specified in Title 40 Part 50, Appendix J of the
Code of Federal Regulations or a more timely ambient measurement method
accepted and approved by Ecology in accordance with WAC 173-433-140
(2) When a single stage of impaired air is reached, no person in a
residence or commercial establishment which has an adequate source of
heat without burning wood shall burn wood in any solid fuel burning
(h) A person responsible for an applicable solid fuel burning
device already in operation at the time Impaired Air Quality is declared
shall withhold new solid fuel for the duration of the Impaired Air
Quality. Smoke visible from a chimney, flue, or exhaust duct after three
hours has elapsed from the declaration of the Impaired Air Quality shall
constitute prima facie evidence of unlawful operation of an applicable
solid fuel burning device. This presumption may be refuted by
demonstration that the smoke was not caused by a solid fuel burning
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.