WSR 13-04-029



[ Order 12-04 -- Filed January 30, 2013, 10:24 a.m. ]

     Subject of Possible Rule Making: Solid fuel burning devices (chapter 173-433 WAC) helps to reduce wood smoke emission levels in Washington state to help meet national ambient air quality standards. Ecology is starting this rule making to update this outdated rule. The focus of this rule making is to:

Incorporate statutory language that changed trigger levels for calling burn bans in areas of fine particulate nonattainment or areas at risk for fine particulate nonattainment.
Align the rule with other statutory changes.
Meet Environmental Protection Agency (EPA) requirements.
Help in Washington's efforts to improve air quality in areas affected by pollution from woodstoves.
Include housekeeping-type changes to the rule identified during rule making.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 70.94 RCW provides sufficient authority to adopt rule changes. At a minimum, sections 473 and 477 authorize ecology to amend the rule.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Ecology must update chapter 173-433 WAC to align this chapter with changes in state laws. Ecology is updating the rule now because EPA requires us to update this rule to be consistent with state law before they will approve Washington's maintenance plan and redesignation request for the Tacoma-Pierce County nonattainment area. The maintenance plan and redesignation request are related to a large portion of Pierce County that was designated a nonattainment area in 2009. If EPA cannot approve a redesignation request for the Tacoma-Pierce County nonattainment area, then additional stricter federal requirements, including economic constraints, will be imposed on the area.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Department of natural resources, department of health, EPA, Benton Clean Air Agency, Northwest Clean Air Agency, Olympic Region Clean Air Agency, Puget Sound Clean Air Agency, Southwest Clean Air Agency, Spokane Regional Clean Air Agency, Yakima Regional Clean Air Agency, and local governments. We will keep the agencies informed throughout our rule-development process through e-mail notifications, public notices, web postings, and public meetings.

     Process for Developing New Rule: This rule making is to amend an existing rule. During the rule-making process, ecology will share draft language and seek input from stakeholders. Ecology expects to hold a stakeholder meeting in late spring or early summer where we will share our draft rule language. Ecology will distribute rule-making information to mailing and e-mail distribution lists. The air quality program rule-making web page will post details on the stakeholder meeting and opportunities for involvement. Ecology will hold at least one public hearing.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The interested parties can participate in the stakeholder meeting, contact ecology staff directly, and participate in the formal comment period. Interested parties can access more information on this rule making by contacting the ecology staff member listed below or accessing the ecology web site at or the air quality program web site at

     Until March 15, 2013, contact Margo Thompson, Department of Ecology, Air Quality Program, P.O. Box 47600, Olympia, WA 98504-7600,, (360) 407-6827.

     After March 15, 2013, contact Richelle Perez at, (360) 407-7528.

January 30, 2013

Stu Clark

Air Quality

Program Manager