WSR 97-22-018

EXPEDITED ADOPTION

DEPARTMENT OF

NATURAL RESOURCES

[Order 642--Filed October 28, 1997, 2:38 p.m.]

Title of Rule: WAC 332-24-205 General rules--Minimum requirements for all burning.

Purpose: To regulate burning on lands protected by the department. Establish minimum requirements for all burning on lands protected by the department to prevent wildfires, and prevent restriction of visibility, excessive air pollution or a nuisance.

Statutory Authority for Adoption: RCW 76.04.015, 76.04.205, 70.94.660, and 70.94.743.

Statute Being Implemented: RCW 76.04.205 and 70.94.743.

Summary: In 1997 the legislature passed HB 1726, which allows outdoor burning of storm and flood-related debris within nonattainment areas.

Reasons Supporting Proposal: WAC 332-24-205 needs to be amended to be consistent with HB 1726.

Name of Agency Personnel Responsible for Drafting: Mark Gray, Olympia, (360) 902-1754.

Name of Proponent: Department of Natural Resources, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 332-24-205 specifies minimum requirements for all burning on lands that receive fire protection from the department. The rule describes the conditions under which the department allows burning on forest land within air pollution nonattainment areas.

The department anticipates a very small increase in burning in nonattainment areas, which will be offset by reduced wildfire risk in the areas where landowners use prescribed burning. Prescribed burning does not contribute to violations of air quality standards that caused those areas to be classified as nonattainment.

Proposal Changes the Following Existing Rules: The rule change adds burning for the exclusive purpose of managing storm or flood-related debris as a type of burning allowed within nonattainment areas.

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Mark Gray, Department of Natural Resources, 1111 Washington Street S.E., P.O. Box 47037, Olympia, WA 98504-7037, AND RECEIVED BY January 5, 1998.

October 22, 1997

Charles Baum

Department Supervisor

AMENDATORY SECTION (Amending Order 599, filed 6/30/92, effective 7/31/92)

WAC 332-24-205 General rules--Minimum requirements for all burning. The following rules apply to all burning regulated by the department:

(1) The department reserves the right to restrict, regulate, refuse, revoke or postpone outdoor fires under RCW 76.04.205 and 76.04.315, and chapter 70.94 RCW due to adverse fire weather or to prevent restriction of visibility, excessive air pollution or a nuisance.

(2) Burning shall not be allowed within nonattainment areas of the state as established by Washington department of ecology for particulate matter ten microns or less or carbon monoxide, except for:

(a) Fires for improving and maintaining fire dependent ecosystems; or

(b) Fires for training wildland fire fighters; or

(c) Fires set for a defined research project; or

(d) Military training exercises; or

(e) The exclusive purpose of managing storm or flood-related debris; or

(f) Where exempted by local or state air pollution control agencies.

(3) Burning shall not be allowed inside urban growth areas as designated under growth management plans, or in cities of greater than ten thousand population as follows:

(a) In urban growth areas where reasonable alternatives exist.

(b) In cities with a population of ten thousand or more as established by the office of financial management:

(i) That exceed or threaten to exceed federal or state ambient air quality standards; and

(ii) Where reasonable alternatives to outdoor burning exist, in accordance with WAC 173-425-090.

(c) After December 31, 2000, burning shall not be allowed in urban growth areas or cities with a population of ten thousand or more.

(4) No fires shall be ignited when:

(a) The department of ecology has declared an air pollution episode for the geographic area pursuant to chapter 173-435 WAC; or

(b) The department of ecology or a local air pollution control authority has declared impaired air quality for the geographic area in which the burning is to be done.

(5) A person responsible for a burn at the time an episode or impaired air quality is called pursuant to chapter 173-425 WAC, shall extinguish the fire by:

(a) Withholding fuel from the burn;

(b) Allowing the fire to burn down; and

(c) Aggressively putting out the fire until there is no visible smoke, unless otherwise allowed by the department.

(6) Prior to lighting, the person doing the burning must telephone the department, and obtain any special instructions for the day and location of the proposed burn. Those instructions thereupon become part of the conditions of burning.

(7) The fire must not include rubber products, plastic products, asphalt, garbage, dead animals, petroleum products, paints, or any similar prohibited materials that emit dense smoke or create offensive odors when burned, pursuant to RCW 70.94.775(1).

(8) If the fire creates a nuisance from smoke or flying ash, it must be extinguished. For purposes of this section, a nuisance exists when emissions from any open fire cause physical discomfort or health problems to people residing in the vicinity of the burning or physical damage to property.

(9) Burning within the department's fire protection areas shall not:

(a) Cause visibility to be obscured on public roads and highways by the smoke from such fires; or

(b) Endanger life or property through negligent spread of fire or pollutants.

(10) A person capable of extinguishing the fire must attend the fire at all times and the fire must be completely extinguished before being left unattended.

(11) No fires are to be within fifty feet of structures, or within five hundred feet of forest slash without a written burning permit.

(12) The landowner or landowner's designated representative's written permission must be obtained before kindling a fire on the land of another.

(13) The department reserves the authority to provide waivers, exceptions, and/or to impose additional requirements through the use of written burning permits and the smoke management plan.