The Washington Clean Air Act.
The Washington Clean Air Act (Act) regulates outdoor air pollution. The Act defines "air pollution" as the "presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property."
Air pollution control regulations address emissions of air contaminants that injure health or unreasonably interfere with enjoyment of life and property. Enforcement authority for the Act is handled either by the Department of Ecology (Ecology) or by one of the seven regional clean air agencies within Washington, depending on the county in which the source is located.
A person may file a complaint about an odor via a regional clean air agency or via Ecology, depending on the county in which the odor is located.
Some activities, such as certain agricultural activities and particular forms of silvicultural burning, are exempt from certain provisions of the Act, provided they satisfy criteria set forth in the Act.
A work group is created to develop an odor control plan and best management practices for asphalt plants for the purpose of reducing noxious odors, including requirements related to the enjoyment of life and property.
The work group consists of the following members, to be appointed by the Director of the Department of Ecology (Ecology):
The Director of Ecology, or the Director's designee, must serve as the chair of the work group. The first meeting of the work group must occur by August 1, 2021. Staff support for the work group must be provided by Ecology.
By January 1, 2022, the work group must submit recommendations to the Director of Ecology on the development of an odor control plan and best management practices for asphalt plants, which may be incorporated into permits or policies adopted by Ecology and the regional clean air agencies.
The work group expires on December 31, 2024.
The amendment of the definition of "air pollution" is removed.
A work group is created for the purpose of developing an odor control plan and best management practices for asphalt plants for the purpose of reducing noxious odors, including requirements related to the enjoyment of life and property.
(In support) One asphalt plant is impacting the ability to use outdoor recreation facilities. The city has grown around the facility, and there is a need to do more to protect citizens who are living and recreating in close proximity to the asphalt facility. The city has done as much as can be done under current law, but enforcement agencies are currently limited in their enforcement authority to act on complaints only from those who have a possessory right in the property from which they are experiencing odors.
The current law is obsolete. There needs to be a remodel of the law that allows everyone to count in terms of being able to report odors. This bill is needed for those who bike and fish to be able to lodge a complaint of nuisance odors. The current system does not work for anyone. Residents of mobile home parks may not qualify to make odor complaints under the Clean Air Act (Act). Users of public spaces are not really able to make complaints either, despite all the many people who use those public spaces.
The Act allows regional clean air agencies to address complaints from people with possessory rights, including tenants. There is no private right of action under the Act. The goal is never to collect a penalty; the goal is to get compliance with the Act.
This situation is similar to the right to vote: it was initially available only to property owners, and was then expanded. The current right to make a complaint should also be expanded.
(Opposed) The language in the bill is far too broad. Facilities are already heavily regulated. Adding a subjective requirement would place facilities under constant risk for litigation and would make it next to impossible for facilities to operate without running afoul of the Act. Washington already has a very strict regulatory scheme.
One asphalt plant started in 1973, a nearby recreational trail was created in 1978, and the surrounding city incorporated 25 years after the plant was built. The bill could impact long-standing local businesses that are otherwise in compliance with the Act. Odor complaints should be handled at local level.
The bill may not be in agreement with other air quality programs. The bill would expose facilities to complaints from anyone who uses recreational facilities nearby. One asphalt plant is in an area zoned for industrial uses. The complaints around a particular asphalt plant are a long-term local issue, and should be handled at the local level. Remedies can be obtained through permits and other forms of dialogue.