Original Notice.

     Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

     Title of Rule: 1. SCAPCA Regulation I, Article VI, Section 6.01.

     2. SCAPCA Regulation I, Article X, Section 10.13.

     3. Amend No Burn Area boundary in Spokane County.

     Purpose: 1. Amend outdoor burning regulations to reflect changes in state regulations.

     2. Establish fees for certain types of outdoor burning, required in chapter 173-425 WAC.

     3. Amend No Burn Area Boundary for Spokane County, to ban burning of yard and garden wastes where reasonable alternatives to burning exist.

     Statutory Authority for Adoption: RCW 70.94.141, 70.94.380(2), 70.94.755, chapter 173-425 WAC.

     Statute Being Implemented: RCW 70.94.755, 70.94.743, 70.94.755-70.94.780, chapter 173-425 WAC.

     Summary: 1. The amended regulation reflects changes in state regulations.

     2. The new section to the fee regulation establishes fees for certain types of burning, as required in chapter 173-425 WAC.

     3. The resolution defines the No Burn Area within Spokane County and bans residential yard and garden waste burning in areas where reasonable alternatives to burning are available.

     Reasons Supporting Proposal: SCAPCA's Regulation I and No Burn Area boundary is being revised to meet the mandates in chapter 173-425 WAC, amended April 2000.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Crystal Alford, 1101 West College, Room 403, Spokane, WA 99201, (509) 477-4727.

     Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: 1. The regulation is being amended to reflect recent changes in state outdoor burning regulations.

     2. The new section of the fee regulation establishes a fee program to recover costs associated with administering and enforcing a permit program for weed abatement fires and fire fighting instruction fires, as required in WAC 173-425-060(3).

     3. Burning yard and garden wastes would be further restricted, due to expansion of the No Burn Area boundary, due to proximity of reasonable alternatives to burning.

     Proposal Changes the Following Existing Rules: 1. SCAPCA outdoor burning regulations will be consistent with state outdoor burning regulations. In addition, SCAPCA regulations will define exceptions where outdoor burning will be allowed, and whether an outdoor burning permit will be required for the excepted type of burning.

     2. There currently is no permit program with corresponding fees for weed abatement fires and fire fighting instruction fires.

     3. The No Burn Area will be expanded to restrict outdoor burning of yard and garden wastes in areas where reasonable alternatives to burning exist.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The Spokane County Air Pollution Control Authority is not required under chapter 19.85 RCW to file small business economic impact statements.

     RCW 34.05.328 does not apply to this rule adoption. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

     Hearing Location: Spokane County Public Works Building, 1026 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on October 4, 2001, at 8:30 a.m.

     Submit Written Comments to: Crystal Alford, Spokane County Air Pollution Control Authority, 1101 West College, Room 403, Spokane, WA 99201, fax (509) 477-6828, by September 24, 2001, 4:30 p.m.

     Date of Intended Adoption: October 4, 2001.

August 6, 2001

Crystal Alford

Air Quality Specialist

     WHEREAS, RCW 70.94.141 authorizes the Board of an activated authority to adopt, amend and repeal its own rules and regulations, and

     WHEREAS, pursuant to the provisions of RCW 70.94.745 and Chapter 173-425 WAC, outdoor burning shall be prohibited in areas where a reasonable alternative for disposing of organic refuse/natural vegetation is available; and

     WHEREAS, RCW 70.94.380 authorizes local air pollution control authorities to adopt and enforce more stringent emission control requirements than those adopted by the department of ecology; and

     WHEREAS, an amendment to the regulation is necessary to meet state regulations and laws; and

     WHEREAS, the Board recognizes that outdoor burning emits carbon monoxide, particulate matter, and various other volatile organic compounds and toxic substances; and

     WHEREAS, the Board considered all verbal testimony submitted at the public hearing on October 4, 2001, and written testimony submitted prior to October 4, 2001, and determined that the proposal was reasonable;

     NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of SCAPCA, hereby adopts the amendments to SCAPCA Regulation I, Article VI, Section 6.01, attached hereto as Appendix A.

     BE IT FURTHER RESOLVED that the Board of Directors of SCAPCA, hereby adopts the new section, identified as SCAPCA Regulation I, Article X, Section 10.13, attached hereto as Appendix B.

     BE IT FURTHER RESOLVED that the Board of Directors of SCAPCA, hereby defines the "No Burn Area", attached hereto as Appendix C.      DATED THIS 4TH DAY OF OCTOBER 2001.

		SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
ATTEST:
ERIC P. SKELTON, DIRECTOR

Note: Comments in [brackets] are for clarification and/or to address the intent of that paragraph under which it is listed. Bracketed comments are not part of the proposed regulation.

ARTICLE VI

EMISSIONS PROHIBITED

AMENDATORY SECTION

SECTION 6.01 ((OPEN)) OUTDOOR BURNING [Changed to be consistent with WAC. Definition of open burning includes "open burning" as having the same meaning.]

     A. Purpose. This Section establishes controls for ((open)) outdoor burning in Spokane County in order to:

     1. Reduce ((open)) outdoor burning to the greatest extent practical, consistent with the ((policy)) laws and regulations of the State of Washington.

     2. Minimize the impact of emissions from ((open)) outdoor burning by burning only when weather and ventilation conditions are favorable.

     3. Define conditions under which ((open)) outdoor burning may be conducted.

     4. Encourage the development and specify the use of ((alternate methods of disposal of combustible waste materials)) reasonable alternatives to outdoor burning.

     5. Geographically limit ((open)) outdoor burning in order to assure continued attainment of the National Ambient Air Quality Standards for carbon monoxide and fine particulate matter (PM10).

     B. Applicability. This Section applies to ((open)) outdoor burning in all areas of Spokane County unless exempted in Section 6.01.E. This Section does not apply to Silvicultural Burning (see Chapter 332-24 WAC) or to Agricultural Burning (see Chapter 173-430). [New sentence added in response to comments from DNR on draft 3]

     C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

     1. Agricultural Burning means burning of vegetative debris from an agricultural operation necessary for disease or pest control, necessary for crop propagation and/or crop rotation, necessary to destroy weeds or crop residue along farm fence rows, irrigation ditches, or farm drainage ditches, or where identified as a best management practice by the agricultural burning practices and research task force established in ((Chapter)) RCW 70.94.650 ((RCW)) or other authoritative source on agricultural practices.

     2. Authority means the Spokane County Air Pollution Control Authority.

     ((3. Ceremonial Fire means a fire associated with a Native American ceremony or ritual.)) [changed to Indian ceremonial fires to be consistent with WAC]

     3. Construction/Demolition Debris means any material manufactured for or resulting from the construction, renovation, or demolition of buildings, roads, and/or other man-made structures. [Clarification from WAC for definition of prohibited materials. Have added "manufactured for or" to Draft 2]

     4. Episode means a period when a forecast, alert, warning, or emergency air pollution stage is declared, as ((given in Chapter 70.94.715 RCW)) provided in Chapter 173-435 WAC. [Makes definition consistent with ag burning reg. Episode applies to all outdoor burning]

     5. Flag Retirement Ceremony means a ceremony for the purpose of disposing of a flag, by fire, pursuant to 36 U.S.C. 176(k). [Draft 6]

     6. Fire Fighting Instruction Fire means a fire for instruction in methods of fire fighting, including, but not limited to, training to fight structural fires, aircraft crash rescue fires, and forest fires. [WAC definition]

     7((5)). Impaired Air Quality, for purposes of ((open)) outdoor burning, means a condition declared by the Authority when meteorological conditions are conducive to an accumulation of air contaminants, concurrent with at least one of the following criteria:

     a. Particulates ((which)) that are ten microns or smaller in diameter (PM10) are measured at any location inside Spokane County at or above an ambient level of ((seventy-five)) sixty micrograms per cubic meter of air, measured on a 24-hour average, by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

     b. Carbon monoxide is measured at any location inside Spokane County at or above an ambient level of eight parts of contaminant per million parts of air by volume (ppm), measured on an eight-hour average by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix C, or equivalent.

     c. Particulates that are two and one-half microns or smaller in diameter (PM2.5) are measured at any location inside Spokane County at or above an ambient level of 15 micrograms per cubic meter of air, measured on a 24-hour average, by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent.

     d((c)). Air contaminant levels reach or exceed other limits, established by Ecology pursuant to RCW 70.94.331 ((Chapter 173-425-030 (5)(b) WAC, by resolution of the Board of Directors of the Authority)). [Consistent with proposed ag burning reg]

     8. Indian Ceremonial Fire means a fire necessary for Native American ceremonies (i.e., conducted by and for Native Americans) if part of a religious ritual.

     9((6)). Land Clearing Fire means ((removing trees, shrubbery, or other natural vegetation from a plot of land)) outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land clearing projects (i.e., projects that clear the land surface so it can be developed, used for a different purpose, or left unused).

     10. Natural vegetation means unprocessed plant material from herbs, shrubbery, and trees, including grass, weeds, leaves, clippings, prunings, brush, branches, roots, stumps, and trunk wood. [WAC addition]

     11((7)). Nonattainment Area means the Spokane County PM10 Nonattainment Area and the Spokane Urban Carbon Monoxide Nonattainment Area as defined in CFR Title 40, Part 81.

     12. Noxious Weed Abatement Fire means any outdoor burning to dispose of noxious weeds identified in the State Noxious Weed List, Chapter 16-750 WAC. [Draft 6]

     13((8)). Nuisance means an emission of smoke or other emissions from any ((open)) outdoor fire that unreasonably interferes with the use and enjoyment of property or public areas. [Reference to public area makes it consistent with proposed ag reg]

     14. Other Outdoor Burning means outdoor burning other than agricultural burning, silvicultural burning, residential burning, land clearing burning, storm or flood debris burning, tumbleweed burning, weed abatement fires, fire fighting instruction fires, rare and endangered plant regeneration fires, Indian ceremonial fires, and recreational fires. It includes, but is not limited to, any outdoor burning necessary to protect public health and safety. [Reflects a WAC definition]

     15((9)). ((Open Burning or)) Outdoor Burning or Open Burning means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion in a manner approved by the Authority. Outdoor burning means all types of outdoor burning except agricultural burning and silvicultural burning. [Makes definition more consistent with WAC. Raku pottery firing may not constitute "outdoor burning" as defined in RCW 70.94.743(2), if either the combustion or emissions are controlled to some extent through covering.]

     16((10)). Permitting Authority means the Spokane County Air Pollution Control Authority (Authority), or one or more of the following entities, whenever the Authority has delegated administration of the permitting program, pursuant to RCW 70.94.654, to one or more of the referenced entities, provided such delegation of authority has not been withdrawn: Spokane County, any fire ((department, any fire district)) protection agency within Spokane County, Department of Natural Resources, or the Spokane County Conservation District. ((, whenever the referenced agency enters into a written agreement with the Authority to administer a permit program pursuant to Chapter 173-425-070 WAC.)) [Makes consistent with proposed ag reg. Added DNR reference for postage stamp land clearing issues.]

     ((11. Phase-out Area means any geographical area which is outside the No-Burn Area, as defined in Attachment A of Resolution 91-01 of the Authority, and inside the Spokane PM10 Nonattainment Area, as defined in CFR Title 40, Part 81.))

     17((12)). Premises of a Residence means the real property immediately adjacent to the residence which is owned by the same person who owns the residence, and which is not devoted to agricultural or silvicultural use, other than yard and gardening activities connected with the residence.

     18((13)). Prohibited Materials means garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, paper (other than what is necessary to start a fire), cardboard, treated wood, construction debris, demolition debris, metal or any substance (other than natural vegetation) ((which when burned)) that releases toxic emissions, dense smoke or obnoxious odors, when burned. [Makes consistent with proposed ag reg]

     19((14)). Reasonable Alternative((s means disposal alternatives to open burning that cost less than eight dollars fifty cents per cubic yard (This amount may be adjusted periodically by policy decision of the Department of Ecology), or more costly disposal alternatives which have been deemed reasonable, on a case-by-case basis, by the Authority)) means a method for disposing of organic refuse (such as natural vegetation) that is available, reasonably economical, and less harmful to the environment than burning, including but not limited to, waste reduction, recycling, energy recovery or incineration, and landfill disposal. [Makes consistent with WAC]

     20((15)). Recreational Fire means a small fire, limited to ((barbecues)) cooking fires and campfires, using charcoal, natural gas, propane, or clean, dry, natural firewood, and which occurs in designated areas on public lands or on private property. Fires used for debris disposal are not considered recreational fires. [Changes for clarification. The intent of adding "fire"wood is to make people think of natural tree trunk wood versus pallets, old painted lumber, etc. Trying to define firewood may only make it more complicated. 10/24/00 email from Ecology sates that "...we interpret the rule in such a way that (a) recreational fires can include fires that burn manufactured fire logs and fires in an outdoor container for cooking, pleasure, or ceremonial purposes, and (b) the 'Burning in outdoor containers' provision of the rule does not apply to recreational fires in a container." This means, for example, that Presto Logs can be burned in a Chimnea if it is a recreational fires.]

     21. Residential Burning means the outdoor burning of natural yard and garden debris (i.e., dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles) originating on the maintained/improved area of residential property (i.e., lands immediately adjacent and in close proximity to a human dwelling) and burned on such lands by the property owner and/or any other responsible person. [Combines WAC definition "Residential Burning" with SCAPCA definition of "Yard" and "Yard and Garden Debris". The area that is within about 30 feet of a human dwelling is generally, but not always, an "improved area". The "maintained/improved area" is an area that often consists of a lawn that is irrigated and mowed up to 2-3 times or more per week. There are often a few trees, shrubs, or other vegetation that have been planted within this area as part of a designed landscape around a house or outbuilding. Some properties have natural, thinned, and/or maintained forest/timber stands. For fire-safety purposes (Firesafe Spokane), these stands of trees are, or should be, generally 30 or more feet away from the home (Note: In some cases, property owners allow forest/timber stands to go right up to the eaves of their homes.) Such areas, although sometimes maintained by thinning and removing underbrush and fallen limbs, are generally considered "unimproved areas" or silvicultural in nature. As such, debris from these areas are not considered yard and garden debris and are not regulated as such.]

     22((16)). Responsible Person means any person who has applied for and received a permit for outdoor burning, or any person allowing, igniting or attending to an ((open)) outdoor fire, or any person who owns or controls property on which an ((open)) outdoor fire occurs.

     ((17. Social Event means a public event or celebration officially sponsored by Spokane County or an incorporated city or town.)) [Not in alphabetical order. Moved down.]

     23((18)). Silvicultural Burning means burning on unimproved land the Department of Natural Resources protects pursuant to ((Chapter)) RCW 70.94.030(20), 70.94.660, and 70.94.690 ((RCW)), and pursuant to Chapter 76.04 RCW.

     24((19)). Small Fire means a fire generated by a pile of combustible material with dimensions no greater than ((four feet by four feet by three feet)) three feet in diameter by two feet in height. [Permits required for >3 diameter by >2 high per WAC 173-425-060 (2)(i)]

     25. Social Event means a public event or celebration officially sponsored by Spokane County or an incorporated city or town. [Moved down so that's it's in alphabetical order.]

     26((20)). Urban Growth Area means an area defined by ((Chapter)) RCW 36.70A.030 ((RCW)).

     ((21. Yard means a maintained area on residential property.)) [For "yard", refer to definition of Residential Burning]

     ((22. Yard and Garden Debris means dry garden trimmings, tree clippings, lawn rakings, dry leaves and needles generated from a residential yard or garden.)) [Refer to definition of Residential Burning]

     D. Prohibitions. Except as provided in Section 6.01.E., no person shall practice or permit the practice of ((open)) outdoor burning in any of the following circumstances and locations: [Reorganized this section]

     1. Within ((the)) a No-Burn Area, as defined by resolution of the Board of Directors of the Authority.

     ((2. Within any part of a nonattainment area that is not within an open burning phase-out area)). [Prohibition D.1 takes care of this. For exempt burning, we may not apply this condition because most of the nonattainment area boundaries that are outside the UGAs (addressed in D.3) are based on UTM coordinates, and difficult to identify and enforce.]

     ((3. After November 1, 1994, in any area where no permit program is being administered by a permitting authority.))

     2((4.)) ((Within any open burning phase-out area after the final phase-out date as approved by the Department of Ecology.)) After April 30, 2001, within Spokane County. [Draft 6 revisions removed this portion of the rule, which was withdrawn after April 2001 SCAPCA Board of Directors meeting]

     2((5)). After December 31, 2000, within any urban growth area having a population of 5,000 or more people, or within any incorporated city or town having a population of 10,000 or more people, or within any urban growth area contiguous with a nonattainment area or former nonattainment area. ((After April 30, 2001, within any urban growth area.)) [Draft 6 revisions removed the ban after April 30, 2001 within any UGA based on the April 2001 SCAPCA Board of Directors meeting]

     3. After December 31, 2006, within any urban growth area. [Draft 6 revisions reflect current provisions in WAC 173-425, to allow burning in UGAs having a population of less than 5,000 people]

     ((6. Outside the period designated by the Authority or permitting authority for burning yard and garden debris.))

     4((7)). When the materials to be burned include any prohibited materials. [Burning prohibited materials may be allowed under WAC 173-425-050 (1)(b).]

     5((8)). During an episode as declared by Ecology, ((or)) during ((impaired air quality)) Impaired Air Quality as declared by ((the Department of)) Ecology or the Authority for a defined geographical area or during a fire danger burn ban, as declared by an appropriate fire protection authority for a defined geographic area, unless that fire protection authority grants an exception. [Includes fire danger burn ban per WAC]

     6((9)). When the fire is larger than a small fire((, unless a valid written permit has been issued by a permitting authority)). [Exception addressed in exception section]

     7((10)). In or within 500 feet of forest slash((, unless a written permit has been issued by the permitting authority)). [Exception addressed in exception section]

     8((11)). When burning is for commercial purposes (i.e., when burning is not for residential purposes), other than silvicultural burning((,)) or agricultural burning((, or burning of land clearing debris)). ["i.e., ...not on residential land that is in close proximity to a human dwelling" was removed in response to SCAPCA legal counsel comment on draft 3.]

     9((12)). Where the Authority, Department of Ecology, or permitting authority has determined that reasonable alternatives are available.

     10((13)). When burning causes a nuisance, or when the Authority or permitting authority determines that the creation of a nuisance ((is the)) would likely result ((of)) from burning.

     11. When outdoor burning includes materials, other than charcoal, natural gas, propane, or clean, dry, natural firewood, that have been hauled from another property. [Addition from WAC.]

     12. When more than one pile is burned at a time (i.e., each fire must be extinguished before lighting another). [Added to Draft 2 per WAC 173-425-060 (5)(c)(x)]

     E. Exceptions. Exceptions to Section 6.01.D shall be made as follows:

     1. Exceptions that Require an Outdoor Burning Permit. The outdoor burning prohibitions in ((Subsections 1 through 7 of)) Section 6.01.D ((shall not apply to the)) are waived as indicated for the following types of fires ((if)) when authorized by the Authority and a written permit has been issued by the Authority or permitting authority providing an exception:

     a. Fires ((When)) ordered by a duly authorized health officer to dispose of, diseased animals and other infested material ((may be burned)), as required, to keep the infestation from spreading. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

[For quick reference: 6.01...

D.1 Within No Burn Area

D.2 Within UGA >5k or NAA

D.3 Within any UGA after December 31, 2006

D.4 Prohibited materials

D.5 During an episode

D.6 > small fire

D.7 Near forest slash

D.8 Commercial

D.9 Available reasonable alternatives

D.10 Nuisance

D.11 Material from other property

D.12 One pile at a time]

     b. Fires ((When)) ordered by a fire protection agency of jurisdiction, ((fires)) to dispose of materials presenting a danger to life, property, or public welfare ((may be burned)). Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     c. Fires ((When)) authorized by a fire protection agency of jurisdiction, ((fires)) necessary for training, including military training((, may be burned)). Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12. [This includes permanent training facilities used to simulate structural fire training.]

     d. Fire extinguisher training fires of short-duration for instruction on the proper use of hand-held fire extinguishers. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 8-9 and 11-12. The requirements below must also be met.

     (i) Flammable or combustible materials used during the fire extinguisher training shall be limited to:

     (a) Less than 2 gallons of clean kerosene or diesel fuel oil per training exercise, provided that gasoline or gasoline mixed with diesel or kerosene may be used only by local fire departments, fire protection agencies, fire marshals, or fire districts; [Included "fire protection agencies" to provide for training at FAFB.]

     (b) As much gaseous fuel (propane or natural gas) as required for the training exercise; and/or

     (c) Less than 0.5 cubic yards of clean, solid combustible materials per training exercise. Examples of solid combustible materials are seasoned wood, untreated scrap lumber, and unused paper. [Untreated scrap lumber could include pallets]

     (ii) All training must be conducted by local fire officials or a qualified instructor. Instructor qualifications and a training plan must be available to the Authority upon request;

     (iii) Prior to the training, the person(s) conducting the exercise must notify the local fire department, fire marshal, or fire district and must meet all applicable local ordinances and permitting requirements. [Draft 2 addition. Language derived from PSCAA Section 8.07.]

     e. Structural fire training fires authorized by a fire protection agency that are located within urban growth areas, such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 6-8 and 12. [Condition 6.01.F.9 makes reference asbestos regulations.]

     ((d. When ordered by a fire protection agency of jurisdiction, fires to prevent or abate a fire hazard may be burned.)) [See paragraph b]

     f((e)). Fires set as part of a defined research project ((may be burned)). Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-4, 6-9 and 11-12.

     g. Social event fires (i.e., a fire that is larger than a small fire that is part of a social event) sponsored by an incorporated city or town, provided the fire is not started an unreasonable length of time before nor continues an unreasonable length of time beyond the event. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-3, 6-9 and 11. [Moved this up from next section. Includes exception for 6.01.D.12, which means social event fires such as the Deer Park Winter Carnival fire would be allowed]

     h. Residential land clearing fires consisting of materials cleared from less than 1 acre of forested land on a 5 acre or larger parcel of land in non-commercial ownership. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-3, 6 and 12.

     i. Silvicultural-to-agricultural land conversion fires. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-3, 6 and 12.

     j. Storm or flood debris fires and rare and endangered plant regeneration fires, as defined in WAC 173-425-030. Such burning may be exempt from one or more of the prohibitions in Section 6.01.D.1-3, 6 and 11-12. [Burning of tumbleweeds would generally fall under incidental agricultural burning. Any person interested in weed abatement fires or other outdoor burning could apply for a variance.]

     k. Fires set for improving and maintaining fire dependent ecosystems, as provided in RCW 70.94.660. Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-3, 6 and 12. [See 6.01.D.2.b]

     l. Noxious Weed Abatement fires, as provided for in WAC 173-425-060 (2)(e) and RCW 70.94.650 (1)(a). Such burning may be exempted from one or more of the prohibitions in Section 6.01.D.1-3, 6-7, 12. [Draft 6 revisions exempt the burning of Noxious Weeds in NBA, UGAs, when the fire is larger than a small fire, in or within 500 feet of forest slash and when more than one pile is burned at a time. Noxious Weeds would not be able to be burned with prohibited materials, during an episode of impaired air quality, when burning is for commercial purposes, where reasonable alternatives are available, when burning causes a nuisance, and when burning includes materials hauled from another property. Permits issued could address whether the burning is in a "patch" or "pile".]

     2. Exceptions that do not Require an Outdoor Burning Permit. ((The prohibitions in Subsections 1 through 6 of Section 6.01.D shall not apply to the following types of fires if authorized by the Authority:))

     a. Indian ((C))ceremonial fires are exempt from the prohibitions in Section 6.01.D.1-3.

     b. Recreational fires are exempt from the prohibitions in Section 6.01.D.1-3, provided the fire is not started an unreasonable length of time before, nor continues an unreasonable length of time beyond, its recreational purpose. [Added to Draft 3]

     ((c. Fires set for a social event, provided the fire is not started an unreasonable length of time before nor continues an unreasonable length of time beyond the event.)) [Moved to section that requires a permit]

     c((d)). Fires set for improving and maintaining fire dependent ecosystems, as provided in ((Chapter)) RCW 70.94.660 ((RCW)) are exempt from the prohibitions in Section 6.01.D.2, 6 and 12. [This was labeled "b" in draft 3 with subsequent letters "c, d, e, f". Corrected to c-g.

     RCW 70.94.660 identifies DNR as having responsibility for issuing and regulating burning permits required for the protection of life or property and/or for the public health, safety, and welfare that include:

     a. Abating a forest fire hazard;

     b. Prevention of a fire hazard;

     c. Instruction of public officials in methods of forest fire fighting;

     d. Any silvicultural operation to improve the forest lands of the state; and

     e. Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within natural area reserves/conservation areas, etc.

     This RCW basically provides for underbrush burning. It is often performed by DNR. Allow for exception to Section 6.01.D.1-4, and 7 if approved via a permit (See 6.01.E.1.k.]

     d((e)). Fires fueled exclusively by flares or torches are exempt from the prohibitions in Section 6.01.D.1-4 and 12 provided the flares or torches are not started an unreasonable length of time before nor continue an unreasonable length of time beyond the event for which they are being used.

     e. Aircraft crash rescue training fires authorized by a fire protection agency do not require a permit if performed in accordance with RCW 70.94.650(5) and are exempt from the prohibitions in Section 6.01.D.1-4, 6-8 and 11-12.

     f. Forest fire instruction fires authorized by a fire protection agency are exempt from the prohibitions in Section 6.01.D.1-4, 6-8 and 12.

     g. Structural fire training fires authorized by a fire protection agency that are located within unincorporated areas and outside urban growth areas do not require a burning permit if performed in accordance with RCW 52.12.150 and are exempt from the prohibitions in Section 6.01.D.1-2, 4, 6-8 and 12. [Note: Condition 6.01.F.9 makes reference to asbestos regulations. Simulated structural fire training fires performed at a training facility would not fit into this category.]

     h. Flag Retirement Ceremony Fires for disposing of flags, pursuant to 36 U.S.C. 176(k), are exempt from Section 6.01.D.1-4, and 11. [Draft 6 revisions allow flag retirement ceremonies within the NBA, UGAs, allows the burning of an otherwise prohibited material, and allows the flags to be hauled from other properties to the site where they would be retired]

     ((3. Nothing in Section 6.01, except for Subsection 8 of Section 6.01.D., shall apply to the following types of fires:

     a. Silvicultural burning.

     b. Agricultural burning pursuant to Section 6.11.

     c. Grass field burning pursuant to Section 6.10. [Subsection 3 is not necessary if revise outdoor burning definition as proposed]

     4. Subsection 6 of Section 6.01.D. shall not apply to fires for which a valid written permit has been issued by a permitting authority.)) [This was used by delegated permitting authorities for allowing yard & garden debris burning outside the designated burn period established by SCAPCA. New with Draft 5: Section 6.01.I for delegation agreements.]

     3((5)). Nothing in Section 6.01 shall apply to burning of combustible material in a multiple-chambered unit, such as in a multiple-chambered incinerator, as long as the unit is registered with the Authority pursuant to Article IV or the operator possesses a valid ((Approval)) Notice of Construction approval issued pursuant to Article V, the operator has been trained in the operation of the unit(s), and the unit complies with all applicable regulations. [Draft 3 addition is operator training]

     Reviser's note: The brackets and enclosed material in the text of 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.

     Reviser's note: The typographical errors in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appear in the Register pursuant to the requirements of RCW 34.08.040.

REPEALER

     ((F. General Conditions. Considering population density and local conditions affecting air quality, the permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Conditions may include but are not limited to restricting the permissible hours of burning, restricting burning to a defined season, restricting the size of fires, imposing requirements for good combustion practice, and restricting burning to specified weather conditions. Any person who practices or permits the practice of open burning shall, in addition to any specific permit conditions imposed, comply with all of the following conditions:

     1. Whenever an episode or impaired air quality is declared, all small fires shall be immediately extinguished by smothering the fire with water or soil. All other fires shall be extinguished by withholding new fuel and allowing the fire to burn down.

     2. The fire shall be attended by a person who is responsible for and capable of extinguishing the fire. The fire must be extinguished before leaving it.

     3. Burning shall occur during daylight hours only, or a more restrictive period as determined by the permitting authority.

     4. All fires shall be on non-combustible surfaces at an adequate distance but no less than 50 feet from buildings, fences, other combustible materials, and other fires.

     5. If requested by the permitting authority, the responsible person shall provide adequate justification that burning, as requested, is reasonably necessary to successfully carry out the enterprise in which the person is engaged.

     6. Permission from a landowner, or owner's designated representative, must be obtained prior to igniting an open fire.

     7. If it becomes apparent at any time to the Authority or permitting authority that limitations need to be imposed to reduce smoke and prevent air pollution and/or protect property and the health, safety and comfort of persons from the effects of burning, the Authority or permitting authority shall notify the permittee or responsible person and any limitation so imposed shall become a condition under which the permit is issued.

     8. The Authority or permitting authority shall be contacted to confirm burning conditions for each day, prior to igniting an open fire.

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

     F. General Conditions. Considering population density and local conditions affecting air quality, the Authority or permitting authority shall establish conditions for all permits to minimize air pollution as much as practical. Such conditions may be general (applying to all permits) or specific (applying to individual permits). Conditions may address permissible hours of burning, maximum size or volume of material to be burned, requirements for good combustion practice, burning under specified weather conditions, pre-burn and post-burn reporting, and other criteria, determined by the Authority or permitting authority, as necessary to minimize air pollution. Unless exempt per Section 6.01.E, any person who practices or permits the practice of outdoor burning shall, in addition to any specific permit conditions imposed, comply with any prohibitions, requirements, and general conditions in Section 6.01.D, WAC 173-425-040, WAC 173-425-050, and all of the following conditions:

     1. Curtailments. [addition from WAC 173-425-050(3)]

     a. No outdoor fire may be ignited in a geographical area where:

     (i) Department of Ecology has declared an episode;

     (ii) Authority has declared impaired air quality; or

     (iii) The appropriate fire protection agency has declared a fire danger burn ban, unless that agency grants an exception.

     b. The responsible person shall contact the Authority or permitting authority each day, prior to igniting an outdoor fire, to determine outdoor burning conditions.

     c. The responsible person for an outdoor fire must extinguish the fire when an episode, impaired air quality, or fire danger burn ban that applies to the burning is declared. All small fires shall be immediately extinguished by smothering the fire with water or soil. All other fires shall be extinguished by methods including, but not limited to, withholding new fuel and allowing the fire to burn down. In this regard:

     (i) Smoke visible from all types of outdoor burning, except land clearing burning, after a time period of three hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn is declared, will constitute prima facie evidence of unlawful outdoor burning.

     (ii) Smoke visible from land clearing burning after a time period of eight hours has elapsed from the time an air pollution episode, impaired air quality condition, or fire danger burn ban is declared, will constitute prima facie evidence of unlawful outdoor burning.

     2. Any person responsible for unlawful outdoor burning must immediately extinguish the fire, except as provided for in Section 6.01.F.1.c. [WAC 173-425-050 (4)(c)]

     3. Outdoor containers used for outdoor burning, other than those used for recreational fires, Indian ceremonial fires, fire extinguisher training and social events, must be constructed of concrete or masonry with a completely enclosed combustion chamber and equipped with a permanently attached spark arrester constructed of iron, heavy wire mesh, or other noncombustible material with openings not larger than one-half inch. [WAC 173-425-050(5). Exception for fire extinguisher training does not appear to be provided for in the WAC.]

     4. Until extinguished, the fire shall be attended by a person who is responsible and capable of extinguishing the fire. [From proposed ag burning reg]

     5. All fires must be more than 50 feet from structures. [WAC 173-425-050 (6)(b)]

     6. Permission from the landowner, or the landowner's designated representative, must be obtained before starting the fire.

     7. Except for recreational fires, Indian ceremonial fires, and social event fires, burning shall occur only during daylight hours, or a more restrictive period as determined by the Authority or the permitting authority. [Social event fires not defined, but identified in Section 6.01.E.1. Ecology may be providing guidance/interpretation re: social event fires in future.]

     8. For outdoor burning that requires a permit, a responsible person attending the fire in accordance with Section 6.01.F.4 shall maintain the permit or a copy of the permit in his or her immediate possession, and make the permit available for review upon request of the Authority or permitting authority. [Draft 2 addition. Concept taken from ag burning reg.]

     9. Structural fire training, provided for in Sections 6.01.E.1.e and 6.01.E.2.g, may be performed by a fire protection agency provided the following requirements are also met:

     (a) The owner and fire protection agency must have met the requirements in SCAPCA Regulation I, Article IX and Section 10.09 prior to training;

     (b) The fire protection agency conducting the fire training must have a fire-training plan, which will be made available to the Authority upon request, and the purpose of the structural fire must be to train fire fighters; and

     (c) Composition roofing, asphalt roofing shingles, asphalt siding materials, miscellaneous debris from inside the structure, carpet, linoleum, and floor tile, must not be burned unless such materials are identified by the fire protection agency as being an essential part of the fire training exercise and are described as such in the fire-training plan. Materials removed from the structure(s) must be disposed of in a lawful manner prior to the training exercise. [Draft 2 addition. Language derived from PSCAA Section 8.08. Exceptions for allowing limited burning of prohibited materials provided for in RCW 70.94.650(7). In a meeting with FDs 3, 4, 8, 9, 10 & city on 3/14/01, fire district representatives reported that asphalt roofing holds the heat and smoke inside the structure and the flooring materials help keep the live fire training as realistic as possible. In some cases, portions or all of the roofing material and flooring material may be left in place when the fire department identifies it as being essential to the fire training being conducted.]

     Reviser's note: The brackets and enclosed material in the text of 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.

REPEALER

     G. Open Burning of Yard and Garden Debris. All of the following shall apply:

     1. Single small fires for the disposal of yard and garden debris generated on the premises of a residence, consisting of four dwelling units or less, may be allowed under a permit program administered by a permitting authority, without a written permit.

     2. Single small fires for the disposal of yard and garden debris generated on the premises of residential property consisting of more than four dwelling units may be allowed under a written permit issued to a responsible person by a permitting authority.

     3. Burning shall be done only during periods specified by the Board of Directors or Control Officer of the Authority. These periods shall not exceed the following limitations:

     a. Burning shall be done between the hours of 9 a.m. and 5 p.m. or a more restrictive period as determined by the permitting authority.

     b. Until December 31, 1995, the number of specified burn days shall not exceed 21 days per year.

     c. After December 31, 1995, the number of specified burn days shall not exceed 14 days per year.

     d. After December 31, 1998, the number of specified burn days shall not exceed 7 days per year.

     H. Field response.

     1. By November 1, 1994, Spokane County shall identify a fire marshall or other appropriate county official for field response and to document open burning complaints and violations in the unincorporated portions of the following geographical areas, using appropriate field notices.

     a. The Spokane Carbon Monoxide Nonattainment Area

     b. The Spokane PM10 Nonattainment Area

     c. The No-Burn Area, as defined by resolution of the Board of Directors of the Authority.

     d. Any additional No-Burn Area subsequently created by the absence of agreement on a permit program pursuant to Chapter 173-425-070 WAC.

     2. By November 1, 1994, all agencies which have agreed to become permitting authorities shall commence field response programs to document open burning complaints and violations within their respective areas of jurisdiction, using appropriate field notices.))

     Reviser's note: The typographical error in the above material occurred in the copy filed by the Spokane County Air Pollution Control Authority and appears in the Register pursuant to the requirements of RCW 34.08.040.

NEW SECTION

     G. Permit Requirements. Written permits, as required in Section 6.01.E.1, are subject to the following requirements: [Most of this language comes from the proposed ag burning reg]

     1. All applicants for outdoor burning permits must submit their requests to burn, on forms or in a format provided by the permitting authority.

     2. The permitting authority may require additional information from the applicant, as necessary to determine if outdoor burning is reasonably necessary, to determine how best to minimize air pollution, and to determine if any special conditions are applicable.

     3. The permitting authority shall not issue a permit if it determines that the proposed burning will cause or is likely to cause a nuisance. [Draft 2 addition. Concept from PSCAA regulations (Section 8.05 (e)(2))]

     4. The permitting authority may deny an application or revoke a previously issued permit if it is determined by the permitting authority that the application contained inaccurate information, or failed to contain pertinent information, which information is deemed by the permitting authority to be significant enough to have a bearing on the permitting authority's decision to grant a permit.

     5. All applicants for outdoor burning permits shall pay a fee at the time of application, according to a schedule of fees, established by resolution or other official action of the permitting authority. When the permitting authority is the Spokane County Air Pollution Control Authority, the fee shall be according to the schedule in Regulation I, Article X, Section 10.13.

     6. No permit for outdoor burning shall be granted on the basis of a previous permit history.

     7. Permit timelines. For fires in Section 6.01.E.1.a, b and f-k, all applicants shall file an application in accordance with Section 6.01.G.7.a. For fires in Section 6.01.E.1.c-e, all applicants shall file an application in accordance with Section 6.01.G.7.a and/or b. [Draft 3: Pulled this information out of Article X, because it seems to fit better here]

     a. 30-day permit (for fires in Section 6.01.E.1).

     (i) Unless otherwise approved by the Authority, all applicants shall submit a completed permit application no less than 10 days prior to the first proposed burn date. Unless otherwise approved by the Authority, applications will be accepted no more than 180 days prior to the first proposed burn date. [Want to limit how far out 30-day burn applications can be requested.]

     (ii) One application is required for each type of outdoor burning provided for in Section 6.01.E.1 when the request is for burning at one real property, within a specified 30-day period.

     (iii) The permit shall expire 29 consecutive days after the first proposed burn date.

     b. Annual permit (limited to fires in Section 6.01.E.1.c-e). [E.1 - Exceptions that Require an Outdoor Burning Permit.

     c. Fires necessary for training (e.g., permanent fire training facility),

     d. Hand-held fire extinguisher training (usually by private companies).

     e. Structural fire training (aka "live fire training") within UGAs

     Revised in draft 5 in response to comments from the fire districts]

     (i) Unless otherwise approved by the Authority, all applicants shall submit a completed permit application no less than 30 days prior to the first proposed burn date. [For renewing an annual permit, this means that the application should be submitted 30 days prior to the expiration date of the previous permit so that ongoing/routine fire training is not interrupted.]

     (ii) One application is required for outdoor burning provided for in Section 6.01.E.1.c-e when the request is for burning at one or more real properties during a 12-month period.

     (iii) A responsible person must notify the Authority prior to each burn. Notification shall be written (e.g., facsimile or electronic mail) or verbal (e.g., voice-mail message) and must include the name of fire protection agency, name of responsible person, date that training will occur, permit number allowing such training, telephone number at which the responsible person may be contacted during the fire training exercise, and address at which fire training exercises will be conducted. [Draft 5 revision in response to comments from the fire districts]

     (iv) The permit shall expire 364 consecutive days after the first proposed burn date.

     Reviser's note: The brackets and enclosed material in the text of 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.

AMENDATORY SECTION

     H((I)). Violations.

     1. The Authority may issue a Notice of Violation to a responsible person when:

     a. Any specific prohibition, requirement, permit condition, or any general ((permit)) condition specified in Section 6.01((.F.)) is violated((; or)). [Leave 6.01.F - general conditions, but add reference to 6.01.D - prohibitions. Draft 3: Legal counsel suggested making it Section 6.01 without subsection reference to D or F.]

     ((b. Any prohibition in Section 6.01.D. is violated; or

     c. An open fire is ignited where a permit is required and no such permit has been obtained.))

     2. A fire protection agency called to respond to, control, or extinguish an illegal or out-of-control fire may charge and recover from the responsible person(s), the costs of its response and control action.

     3. Spokane County and all permitting authorities may refer field notices and other documentation to the Authority for appropriate enforcement action. The Authority shall remit one-half of any civil penalty collected, to the referring agency, if the referring agency makes such a request in writing at the time of referral.

     ((4. Smoke visible from open burning after a time period of three hours has elapsed from the time of declaration of an episode or impaired air quality shall constitute prima facie evidence of unlawful open burning.)) [Addressed in curtailments under 6.01.F]

     I((J)). The provisions of this Section are severable. If any phrase, sentence, paragraph, or provision is held invalid, the application of such phrase, sentence, paragraph, or provision to other circumstances and the remainder of this Section shall not be affected.

     J((K)). Compliance ((with other laws and regulations)). The responsible person is expected to comply with all applicable laws and regulations. Compliance with Section 6.01 or qualifying for an exception in Section 6.01.E. does not ((necessarily mean)) insure that ((open)) outdoor burning complies with other applicable laws and regulations implemented by any other ((authorities)) authority or entity. [Consistent with proposed ag reg]

     Reviser's note: The brackets and enclosed material in the text of 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.

NEW SECTION [Added in response to comments from fire districts.]

     K. Agreements with Permitting Authorities

     1. The Authority may enter into agreements with permitting authorities, as defined in Section 6.01.C.14.

     2. Agreements must define the roles, responsibilities and duties of the Authority and the permitting authority. Such agreements may include, but are not necessarily limited to, the following program elements:

     a. The types of burning to be addressed under the agreement;

     b. The exceptions (Section 6.01.E) applicable;

     c. The scope of discretion of the permitting authority;

     d. Permit tracking;

     e. Reporting; and

     f. Enforcement.

     [Draft 6 revisions based on feedback from Fire Districts during the meeting from 6/15/01]

     3. Agreements will remain in effect until cancelled. An agreement may be cancelled for any reason, by any entity or representative thereof, that signed the agreement, provided notice has been given at least 30 days prior to cancellation to all entities that signed the agreement.

     Reviser's note: The brackets and enclosed material in the text of 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.

NEW SECTION [Draft 2 addition]

SECTION 10.13 OUTDOOR BURNING PERMIT FEES

     A. For outdoor burning permit applications, submitted to the Authority pursuant to Section 6.01 of this regulation, a nonrefundable fee shall accompany the application. The fee is as follows:

     1. A $10 fee shall be submitted with each 30-day permit application.

     2. A $25 fee shall be submitted with each annual permit application.

     Reviser's note: The brackets and enclosed material in the text of 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.

     Beginning at the county division line between Stevens and Spokane County, in Sec. 20, T29N, R42E the No Burn Area boundary proceeds east along the north section lines of Secs. 29, 28, 27, 26, 25, T29N, R42E; Secs. 30, 29, 28, 27, 26, 25, T29N, R43E; and Secs. 30, 29, 28, 27, 26, 25, T29N, R44E.

     Thence south along the east section lines of Secs. 25, 36, T29N, R44E; Secs. 1, 12, 13, 24, 25, 36, T28N, R44E; Secs. 1, 12, 13, 24, T27N, R44E.

     Thence east along the north section lines of Secs. 30, 29, 28, 27, 26, 25, T26N, R45E; Sec. 30, T26N, R46E to the Washington State line.

     Thence south along the Washington State line to Elder Rd.

     Thence west along the centerline of Elder Rd to Spangle Creek Rd.

     Thence south-west along the centerline of Valley Chapel Rd. to Spangle Creek Rd.

     Thence west along the centerline Spangle Creek Rd. to Smythe Rd.

     Thence west along the centerline of Smythe Rd to Parker Rd.

     Thence south along the centerline of Parker Rd to Depot Springs Rd.

     Thence west along the centerline of Depot Springs Rd. to Cheney-Spangle Rd.

     Thence north-west along the centerline of Cheney-Spangle Rd. to the Cheney Interim Urban Growth Area boundary, as established August 1997, amended April 2000 pursuant to RCW 36.70A.030.

     Thence south and west along the Cheney Interim Urban Growth Area boundary, to Cheney Plaza.

     Thence north along the centerline of Cheney Plaza Rd to the Cheney City Limits.

     Thence southwest along the Cheney City Limits to the Cheney Interim Urban Growth Area boundary, as established August 1997, amended April 2000.

     Thence west and north along the Cheney Interim Urban Growth Area boundary to the Cheney City limits.

     Thence north along the Cheney City limits to Salnave Rd.

     Thence north-west along the centerline of Salnave Rd. to the southwest corner of Section 36, T24N, R40E.

     Thence north along the west section lines of Secs. 36, 25, 24, 13, 12, T24N, R40E to Espanola Rd.

     Thence west and north along the centerline of Espanola Rd. to Hwy 2.

     Thence north of Hwy 2 along the centerline of Woods Rd to Coulee Hite Rd.

     Thence east along the centerline of Coulee Hite Rd. to Four Mound Rd.

     Thence north-west along the centerline of Four Mound Rd. to Dover Rd.

     Thence north along the centerline of Dover Rd. to Charles Rd.

     Thence north along the centerline of Charles Rd. to South Bank Rd.

     Thence north-west along the centerline of South Bank Rd. to the west section line of Sec. 6, T27N, R41E.

     Thence north along the west section line of Sec. 6, T27N, R41E to the northwest corner of Sec. 6, T27N, R41E.

     Thence east along the north section line of Sec. 6, T27N, R41E to the northeast corner of Sec. 6, T27N, R41E.

     Thence north along the west section line of Sec. 32, T28N, R41E to the west shore of the Spokane River.

     Thence southeast along the west and south bank of the Spokane River to Sec. 32, T27N, R42E.

     Thence north along the west section lines of Secs. 32, 29, 20, 17, 8, 5, T27N, R42E; Secs. 32, 29, 20, 17, 8, 5, T28N, R42E; Secs. 32, 29, T29N, R42E to northwest corner of Sec. 29, T29N, R42E.

© Washington State Code Reviser's Office