WSR 15-17-108

PROPOSED RULES

[Filed August 18, 2015, 3:25 p.m.]

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).

Hearing Location(s): NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, on September 29, 2015, at 9:00 a.m.

Date of Intended Adoption: October 8, 2015.

Submit Written Comments to: Mark Buford, NWCAA, 1600 South Second Street, Mount Vernon, WA 98273, e-mail info@nwcleanair.org, fax (360) 428-1620, by September 29, 2015, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber by September 22, 2015, (360) 428-1617.

New/Amended Regulation Section Derivations: Amended NWCAA 506.7 – Limitations on Burning Wood for Heat: Revised subsection based on RCW 70.94.473 and numbering changed to match current format.

Distributions for Section Being Replaced: None.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141(1).

Name of Proponent: NWCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mark Asmundson, 1600 South 2nd Street, Mount Vernon, WA, (360) 428-1617.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.

August 18, 2015

Mark Buford

Deputy Director

SECTION 309 – REASONABLY AVAILABLE CONTROL TECHNOLOGY

309.1 Reasonably Available Control Technology (RACT) is required for all existing sources except as otherwise provided in RCW 70.94.331(9).

309.2 Where current controls are determined by the NWCAA to be less than RACT, the NWCAA shall define RACT for that source or source category and issue a rule or an order under NWCAA 121 requiring the installation of RACT.

309.3 RACT for each source category containing three or more sources shall be determined by rule, except as provided in NWCAA 309.4.

309.4 Source-specific RACT determinations may be performed under any of the following circumstances:

(A) For replacement or substantial alteration of existing control equipment under NWCAA 300.13;

(B) When required by the federal Clean Air Act;

(C) For sources in source categories containing fewer than three sources;

(D) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or

(E) When a source-specific RACT determination is needed to address either specific air quality problems, for which the source is a significant contributor, or source-specific economic concerns.

309.5 The Control Officer shall have the authority to perform a RACT determination, to hire a consultant to perform relevant RACT analyses in whole or in part, or to order the owner or operator to perform RACT analyses and submit the results to the NWCAA.

((305.6)) 309.6 In determining RACT, the NWCAA shall utilize the factors set forth in the RACT definition in NWCAA 200 and shall consider RACT determinations and guidance made by the EPA, other states, and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, the NWCAA shall address, where practicable, all air contaminants deemed to be of concern for that source or source category.

309.7 The NWCAA shall assess a fee to be paid by any source included in a RACT determination to cover the direct and indirect costs of developing, establishing, or reviewing categorical or source-specific RACT determinations. The fee for RACT determinations shall be as established in NWCAA 324.6. The amount of the fee may not exceed the direct and indirect costs of establishing the requirement for the particular source or the pro rata portion of the direct and indirect costs of establishing the requirement for the relevant source category.

309.8 Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance shall be considered RACT for purposes of operating permit issuance or renewal.

309.9 Replacement or substantial alteration of control equipment under NWCAA 300.13 shall be subject to the New Source Review fees under NWCAA 324.2, in lieu of RACT fees under this section.

PASSED: March 14, 2013 AMENDED: October 8, 2015

SECTION 506 – SOLID FUEL BURNING DEVICES

This Section establishes emission standards, certification standards and procedures, curtailment rules, and fuel restrictions for solid fuel burning devices in order to maintain compliance with the National Ambient Air Quality Standards (NAAQS) for fine particulates and to further the policy of the NWCAA as stated in Section 102 of this Regulation.

Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning as defined in WAC ((Chapter)) 173-433-030 ((WAC)):

ADEQUATE SOURCE OF HEAT – ((means)) a permanently installed furnace or heating system, connected or disconnected from its energy source, designed to maintain 70 ((seventy)) degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence or commercial establishment.

ANTIQUE WOOD STOVE – ((is)) a stove manufactured before 1940 which has a current market value substantially greater than a common wood stove manufactured during the same time period.

CERTIFIED – ((means)) a solid fuel-burning device that meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by EPA in 40 CFR 60 ((the Code of Federal Regulation – Title 40 Part 60)) Subpart AAA – Standards of Performance for Residential Wood Heaters as amended through July 1, 1990; or a solid fuel-burning device that has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457.

COOKSTOVE – ((means)) a wood-fired appliance designed primarily for cooking food and containing an integrally built in oven, with an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate, ash pan and an ash clean-out below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cookstove.

ECOLOGY – ((means)) the Washington State Department of Ecology.

EPA – ((means)) the United States Environmental Protection Agency.

SEASONED WOOD – ((means)) wood of any species that has been sufficiently dried so as to contain 20 ((twenty)) percent or less moisture by weight.

SOLID FUEL BURNING DEVICE – ((means)) a device that burns wood, coal, or any other non-gaseous or non-liquid fuels, and includes wood stoves or any device burning any solid fuel except those prohibited by WAC 173-433-120. This also includes devices used for aesthetic or space-heating purposes in a private residence or commercial establishment, which have a heat input of less than one million British thermal units per hour.

SUBSTANTIALLY REMODELED – ((means)) any alteration or restoration of a building exceeding 60 ((sixty)) percent of the appraised value of such building within a 12 ((twelve))-month period.

TREATED WOOD – ((means)) wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, weathering or deterioration.

WOOD STOVE – ((means)) a wood-fueled appliance, other than a cookstove, capable of and intended for residential space heating and domestic water heating that meets the criteria contained in (("))40 CFR 60 Subpart AAA – Standards of Performance for Residential Wood Heaters((")). Any combination of parts, typically consisting of but not limited to, doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner supplied parts, into a wood stove, is considered a wood stove.

(A) Solid Fuel Burning Devices - A person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away any solid fuel burning device in Washington unless it has been certified and labeled in accordance with procedures and criteria specified in (("))40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters((")), complies with WAC 173-433-100, and meets the following particulate air contaminant emission standards:

(1) Two and one-half grams per hour for catalytic wood stoves; and

(2) Four and one-half grams per hour for all other solid fuel burning devices.

(B) Fireplaces. A person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory built fireplace unless it meets the 1990 EPA standards for woodstoves or equivalent standard that may be established by the state building code council by rule ((has been tested in accordance with procedures and criteria specified in WAC 51-50-31200)). Particulate emission factors for factory-built fireplaces shall not exceed 7.3 g/kg.

(A) No new solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon Department of Environmental Quality Phase II or ((US)) EPA certified to meet current Washington State standards or a pellet stove either certified or exempt from certification in accordance with ((CFR)) 40 CFR ((Part)) 60 Subpart AAA - Standards of Performance for Residential Wood Heaters. (((RCW 70.94.455)))

(B) No used solid fuel burning device shall be installed in new or existing buildings unless such device has been certified and labeled in accordance with either Oregon Department of Environmental Quality Phase II or US EPA certification standard or is a pellet stove either certified or exempt from certification by the US EPA in accordance with ((CFR)) 40 CFR ((Part)) 60 Subpart AAA - Standards of Performance for Residential Wood Heaters. (((RCW 70.94.455)))

(C) An adequate source of heat other than a solid fuel burning device is required in all new and substantially remodeled residential and commercial construction. The rule shall apply to

(1) Areas designated by a county to be an urban growth area under chapter ((RCW)) 36.70A RCW; and

(2) Areas designated by the EPA as being in non((-))attainment for particulate matter. (((RCW 70.94.455 and WAC 51-40-0510)))

(D) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 EPA standards for wood stoves or equivalent standard established by the state building code council by rule in accordance with RCW 70.94.457 ((RCW)).

(A) Opacity level. A person shall not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of 20 ((twenty)) percent opacity for six consecutive minutes in any one-hour period. This restriction does not apply during the starting of a new fire for a period not to exceed 20 ((twenty)) minutes in any four-hour period.

(B) Test methods and procedures. EPA reference method 9 - Visual Determination of Opacity of Emissions from Stationary Sources shall be used to determine compliance with this Section.

(C) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. ((This Regulation will be enforced on a complaint basis and through observations of inspectors certified to read opacity.)) This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device.

(A) A person shall not burn any substance, other than properly seasoned fuel-wood, in a solid fuel burning device (((RCW 70.94.477))).

(B) A person shall not burn paper in a solid fuel burning device other than the amount of colorless paper necessary to start a fire.

(A) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

(1) Not burn wood in any solid fuel burning device whenever the Ecology or NWCAA ((department)) has determined under RCW 70.94.715 that any air pollution episode exists in that area;

(2) Not burn wood in any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or US EPA certified or certified by Ecology under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the US EPA in accordance with 40 CFR ((40)) Part 60 ((Subpart AAA - Standards of Performance for Residential Wood Heaters (RCW 70.94.455))), in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by NWCAA or ((any authority)) Ecology, for that area. ((A first stage of impaired air quality is reached when:))

(a) A first stage of impaired air quality is reached when forecasted meteorological conditions are predicted to cause ((F))fine particulate((s)) levels to exceed ((are at an ambient level of thirty-five)) 35 micrograms per cubic meter, measured on a 24 ((twenty-four)) hour average, within 48 hours, except for areas of fine particulate nonattainment or areas as risk for fine particulate nonattainment and

(b) A first stage burn ban for impaired air quality may be called for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county, when forecasted meteorological conditions are predicted to cause fine particulate levels to reach or exceed 30 micrograms per cubic meter, measured on a 24-hour average, within 72 hours; and ((Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below thirty-five (35) micrograms per cubic meter for a period of forty-eight hours or more from the time that the fine particulates are measured at the trigger level; and))

(3)(a) (((B))) 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 NWCAA or ((any authority)) Ecology, for that area. A second stage of impaired air quality is reached when:

(i) (((1))) A first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine ((particle [))particulate((])) pollution trend;

(ii) (((2))) Fine particulates are at an ambient level of 25 ((sixty)) micrograms (((60))) per cubic meter measured on a 24 ((twenty-four)) hour average; and

(iii) (((3))) Forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below 25 ((sixty)) micrograms (((60))) per cubic meter for a period of 24 ((forty-eight)) hours or more from the time that the fine particulates are measured at the trigger level.

(B) (((C))) Upon declaration and for the duration of an air pollution episode or a first or second stage burn ban, new solid fuel shall be withheld from any solid fuel burning device that is restricted from operating under subsection (A) of this section. ((Any person responsible for a solid fuel burning device already in operation at the time curtailment is declared under a stage of impaired air quality or an episode shall extinguish that device by withholding new solid fuel for the duration of the episode.))

(C) (((D))) ((Compliance with the above solid fuel burning device curtailment rules may be enforced after a time period of 3 hours has elapsed from the time the curtailment is declared.)) Smoke visible from a chimney, flue or exhaust duct after three hours has elapsed from the time of declaration of an air pollution episode or a first or second stage burn ban ((the curtailment)) shall constitute prima facie evidence of unlawful operation of a solid fuel burning device if that solid fuel burning device is restricted from operating under subsection (A) of this section ((an applicable solid fuel burning device)). This presumption may be refuted by demonstration that the smoke was not caused by a((n applicable)) restricted solid fuel burning device.

(A) Emissions detrimental to persons or property. No person shall cause or permit the emission of any air contaminant from any solid fuel burning device, in sufficient amounts and of such characteristics and duration as is likely to be injurious or cause damage to human health, plant or animal life, or property; or which unreasonably interfere with enjoyment of life and property.

(B) Odors. Any person who shall cause or allow the generation of any odor from any solid fuel burning device which may interfere with any other property owner's use or enjoyment of his property must use recognized good practice and procedures to reduce these odors to a reasonable minimum.

(A) The provisions of Section 506.7 shall not apply to any person who possesses a valid written exemption approved by the NWCAA. The NWCAA may allow written exemptions to any person who demonstrates any of the following to the satisfaction of the NWCAA:

(1) An economic need to burn solid fuel for residential space heating purposes by qualifying for energy assistance under the low income energy assistance program.

(2) That his/her heating system, other than a solid fuel heating device, is inoperable for reasons other than his/her own actions.

(a) That there is no adequate source of heat and the structure was constructed or substantially remodeled prior to July 1, 1992.

(b) That there is no adequate source of heat and the structure was constructed or substantially remodeled after July 1, 1992 and is outside an urban growth area, as defined in chapter ((RCW)) 36.70A RCW.

(B) Written exemptions shall be valid for a period determined by the NWCAA and shall not exceed one year from the date of approval.

PASSED: July 14, 2005 AMENDED: November 8, 2007, October 8, 2015