WSR 09-07-087

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed March 17, 2009, 1:16 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Amend Regulation I, Sections 8.09 (Description of the King County No-Burn Area) and 8.13 (Land Clearing and Residential Burning Prohibited); Repeal Regulation I, Sections 8.10 (Description of the Pierce County No-Burn Area), 8.11 (Description of the Snohomish County No-Burn Area) and 8.12 (Description of the Kitsap County No-Burn Area); and Adopt Regulation I, Section 8.10 (Residential Burning Requirements).

Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on April 23, 2009, at 9:15 a.m.

Date of Intended Adoption: April 23, 2009.

Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by April 22, 2009.

Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by April 16, 2009, TTY (800) 833-6388 or (800) 833-6385 (braille).

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would prohibit land-clearing burning in Kitsap County beginning September 1, 2009, and establish requirements for residential burning in King, Kitsap, Pierce, and Snohomish counties beginning September 1, 2009.

Reasons Supporting Proposal: RCW 70.94.745(6) requires the agency to prohibit land-clearing and residential burning in areas outside the UGAs and nonattainment areas when the agency has determined that an alternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment than burning. Based on evaluation, agency staff believes that under WAC 173-425-040(5), reasonable, economical, and less harmful alternatives to land-clearing burning exist in Kitsap County. Requirements for residential burning are based on the provisions of chapter 173-425 WAC.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

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

Name of Proponent: Puget Sound Clean Air Agency, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4053.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.

March 17, 2009

Dennis J. McLerran

Executive Director

AMENDATORY SECTION


REGULATION I SECTION 8.09 ((DESCRIPTION OF THE KING COUNTY NO-BURN AREA)) RESIDENTIAL BURNING PROHIBITED


(a) As authorized by WAC 173-425-040(5), residential burning ((and land clearing burning are)) is prohibited in the following areas of King, Pierce, and Snohomish Counties ((County until the dates in Section 8.13 of this regulation)):

(((a))) (1) The King, Pierce, and Snohomish County Urban Growth Areas; and

(((b))) (2) The former carbon monoxide (CO) non-attainment area (Seattle/Tacoma/Everett urban area as defined by the Washington State Department of Transportation, 1983 version, urban area maps).

(b) As authorized by WAC 173-425-040(5), residential burning is prohibited in the following areas of Kitsap County as shown on the map of "Areas of Prohibited Outdoor Burning" dated December 11, 2006 prepared by the Kitsap County Department of Community Development (www.kitsapgov.com/dcd) and shown in Figure 8-1:

(1) The Kitsap County Urban Growth Area; and

(2) Areas determined to have reasonable alternatives to burning.


Figure 8-1

REPEALER


REGULATION I SECTION 8.10 DESCRIPTION OF THE PIERCE COUNTY NO-BURN AREA


REPEALER

REGULATION I SECTION 8.11 DESCRIPTION OF THE SNOHOMISH COUNTY NO-BURN AREA


REPEALER

REGULATION I SECTION 8.12 DESCRIPTION OF THE KITSAP COUNTY NO-BURN AREA


NEW SECTION

REGULATION I SECTION 8.10 RESIDENTIAL BURNING REQUIREMENTS


In areas where residential burning is allowed, it shall be unlawful for any person to cause or allow residential burning unless all the following conditions are met:

(a) General requirements

(1) The person responsible for the fire must contact the permitting agency or another designated source for information on the burning conditions for each day;

(2) A fire shall not be ignited, and must be extinguished, if an air pollution episode or impaired air quality condition is declared for the area;

(3) A fire shall not be ignited, and must be extinguished, if a fire danger burn ban that applies to the burning is declared for the area by the local fire protection agency or county fire marshal;

(4) The fire shall only include natural vegetation originating from the property where the fire is located and shall not include materials hauled from another property;

(5) If any emission from the fire is detrimental to the health, safety, or welfare of any person, if it causes damage to property or business, or if it causes a nuisance, as determined by the permitting agency, the fire shall be extinguished immediately;

(6) A person capable of extinguishing the fire shall attend it at all times equipped with a charged garden hose with a nozzle, and a long-handled tool such as a shovel, rake, hoe, or pitchfork. The fire must be extinguished before the person leaves it;

(7) Permission from the landowner, or owner's designated representative, shall be obtained before starting an outdoor fire;

(8) No fire shall occur within 50 feet of any structure;

(9) Burning is restricted to one pile at a time and each pile must be extinguished before lighting another;

(10) If the vegetation includes materials greater than 4 inches in diameter, the fire shall be constructed using heavy equipment (such as a track hoe or excavator) with an operator on-site at all times and must employ fans to increase combustion; and

(11) Burning is restricted to daylight hours only, meaning burning shall not commence prior to sunrise and all debris piles must be extinguished one hour prior to sunset.

(b) Piles no larger than 4 feet diameter and 3 feet high

For piles that are no larger than 4 feet in diameter and 3 feet high, it shall be unlawful for any person to cause or allow residential burning unless all the following conditions are met:

(1) The person responsible for the fire shall obtain a permit from the local fire protection agency or county fire marshal. The permitting agency may use a verbal, electronic, written, or general permit that meets the requirements of WAC 173-425-060(5); and

(2) No fire shall occur within 50 feet of any property line unless the permitting agency establishes a different site-specific setback requirement in the permit.

(c) Piles larger than 4 feet diameter and 3 feet high

Each permitting agency has the discretion to determine whether to allow fires larger than 4 feet in diameter within its jurisdiction. For piles larger than 4 feet in diameter and 3 feet high, it shall be unlawful for any person to cause or allow residential burning unless all the following conditions are met:

(1) The person responsible for the fire shall obtain a written permit from the local fire protection agency or county fire marshal;

(2) No pile shall exceed 10 feet diameter and 6 feet high; and

(3) No fire shall occur within 100 feet of a property line unless the permitting agency establishes a different site-specific setback requirement in the permit.

(d) Effective date

Section 8.10 shall take effect September 1, 2009.


AMENDATORY SECTION


REGULATION I SECTION 8.13 LAND CLEARING ((AND RESIDENTIAL)) BURNING PROHIBITED


(a) As authorized by WAC 173-425-040(5), land clearing burning is prohibited in King, Pierce, and Snohomish Counties ((after June 30, 2008)).

(b) (([reserved residential burning])) As authorized by WAC 173-425-040(5), land clearing burning is prohibited in Kitsap County after August 31, 2009. Until August 31, 2009, land clearing burning is prohibited in the following areas of Kitsap County as shown on the map of "Areas of Prohibited Outdoor Burning" dated December 11, 2006 prepared by the Kitsap County Department of Community Development (www.kitsapgov.com/dcd) and shown in Figure 8-1 in Section 8.09 of this regulation:

(1) The Kitsap County Urban Growth Area; and

(2) Areas determined to have reasonable alternatives to burning.

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.

Washington State Code Reviser's Office