Chapter 70.94 RCW 

Washington clean air act

RCW Sections 

70.94.011 Declaration of public policies and purpose. 

70.94.015 Air pollution control account -- Air operating permit account. 

70.94.017 Air pollution control account -- Subaccount distribution. 

70.94.030 Definitions. 

70.94.033 Environmental excellence program agreements -- Effect on chapter. 

70.94.035 Technical assistance program for regulated community. 

70.94.037 Transportation activities -- "Conformity" determination requirements. 

70.94.040 Causing or permitting air pollution unlawful -- Exception. 

70.94.041 Exception -- Burning wood at historic structure. 

70.94.053 Air pollution control authorities created -- Activated authorities, 

composition, meetings -- Delineation of air pollution regions, 

considerations. 

70.94.055 Air pollution control authority may be activated by counties, when. 

70.94.057 Multicounty authority may be formed by contiguous counties -- Name. 

70.94.068 Merger of active and inactive authorities to form multicounty or regional 

authority -- Procedure. 

70.94.069 Merger of active and inactive authorities to form multicounty or regional 

authority -- Reorganization of board of directors -- Rules and regulations. 

70.94.070 Resolutions activating authorities -- Contents -- Filings -- Effective date of 

operation. 

70.94.081 Powers and duties of authorities. 

70.94.085 Cost-reimbursement agreements. 

70.94.091 Excess tax levy authorized -- Election, procedure, expense. 

70.94.092 Air pollution control authority -- Fiscal year -- Adoption of budget -- 

Contents. 

70.94.093 Methods for determining proportion of supplemental income to be paid by 

component cities, towns and counties -- Payment. 

70.94.094 Designation of authority treasurer and auditor -- Duties. 

70.94.095 Assessed valuation of taxable property, certification by county assessors. 

70.94.096 Authorization to borrow money. 

70.94.097 Special air pollution studies -- Contracts for conduct of. 
70.94.100 Air pollution control authority -- Board of directors -- Composition -- Term. 

70.94.110 City selection committees. 

70.94.120 City selection committees -- Meetings, notice, recording officer -- 

Alternative mail balloting -- Notice. 

70.94.130 Air pollution control authority -- Board of directors -- Powers, quorum, 

officers, compensation. 

70.94.141 Air pollution control authority -- Powers and duties of activated authority. 

70.94.142 Subpoena powers -- Witnesses, expenses and mileage -- Rules and 

regulations. 

70.94.143 Federal aid. 

70.94.151 Classification of air contaminant sources -- Registration -- Fee -- 

Registration program defined -- Adoption of rules requiring persons to 

report emissions of greenhouse gases. 

70.94.152 Notice may be required of construction of proposed new contaminant 

source -- Submission of plans -- Approval, disapproval -- Emission control 

-- "De minimis new sources" defined. 

70.94.153 Existing stationary source -- Replacement or substantial alteration of 

emission control technology. 

70.94.154 RACT requirements. 

70.94.155 Control of emissions -- Bubble concept -- Schedules of compliance. 

70.94.157 Preemption of uniform building and fire codes. 

70.94.161 Operating permits for air contaminant sources -- Generally -- Fees, report 

to legislature. 

70.94.162 Annual fees from operating permit program source to cover cost of 

program. 

70.94.163 Source categories not required to have a permit -- Recommendations. 

70.94.165 Gasoline recovery devices -- Limitation on requiring. 

70.94.170 Air pollution control authority control officer. 

70.94.181 Variances -- Application for -- Considerations -- Limitations -- Renewals--

Review. 

70.94.200 Investigation of conditions by control officer or department -- Entering 

private, public property. 

70.94.205 Confidentiality of records and information. 

70.94.211 Enforcement actions by air authority -- Notice to violators. 

70.94.221 Order final unless appealed to pollution control hearings board. 

70.94.230 Rules of authority supersede local rules, regulations, etc. -- Exceptions. 
70.94.231 Air pollution control authority -- Dissolution of prior districts -- Continuation 

of rules and regulations until superseded. 

70.94.240 Air pollution control advisory council. 

70.94.260 Dissolution of authority -- Deactivation of authority. 

70.94.262 Withdrawal from multicounty authority. 

70.94.331 Powers and duties of department. 

70.94.332 Enforcement actions by department -- Notice to violators. 

70.94.335 Hazardous substance remedial actions -- Procedural requirements not 

applicable. 

70.94.350 Contracts, agreements for use of personnel by department -- 

Reimbursement -- Merit system regulations waived. 

70.94.370 Powers and rights of governmental units and persons are not limited by 

act or recommendations. 

70.94.380 Emission control requirements. 

70.94.385 State financial aid -- Application for -- Requirements. 

70.94.390 Hearing upon activation of authority -- Finding -- Assumption of jurisdiction 

by department -- Expenses. 

70.94.395 Air contaminant sources -- Regulation by department; authorities may be 

more stringent -- Hearing -- Standards. 

70.94.400 Order activating authority -- Filing -- Hearing -- Amendment of order. 

70.94.405 Air pollution control authority -- Review by department of program. 

70.94.410 Air pollution control authority -- Assumption of control by department. 

70.94.420 State departments and agencies to cooperate with department and 

authorities. 

70.94.422 Department of health powers regarding radionuclides -- Energy facility site 

evaluation council authority over permit program sources. 

70.94.425 Restraining orders -- Injunctions. 

70.94.430 Penalties. 

70.94.431 Civil penalties -- Excusable excess emissions. 

70.94.435 Additional means for enforcement of chapter. 

70.94.440 Short title. 

70.94.450 Woodstoves -- Policy. 

70.94.453 Woodstoves -- Definitions. 

70.94.455 Residential and commercial construction -- Burning and heating device 

standards. 
70.94.457 Solid fuel burning devices -- Emission performance standards. 

70.94.460 Sale of unapproved woodstoves -- Prohibited. 

70.94.463 Sale of unapproved woodstoves -- Penalty. 

70.94.467 Sale of unapproved woodstoves -- Application of law to advertising media.

70.94.470 Residential solid fuel burning devices -- Opacity levels -- Enforcement and 

public education. 

70.94.473 Limitations on burning wood for heat -- First and second stage burn bans -

- Report on second stage burn ban -- Report to the legislature. 

70.94.475 Liability of condominium owners' association or resident association. 

70.94.477 Limitations on use of solid fuel burning devices. 

70.94.480 Woodstove education program. 

70.94.483 Woodstove education and enforcement account created -- Fee imposed 

on solid fuel burning device sales. 

70.94.488 Woodsmoke emissions -- Findings. 

70.94.505 Woodsmoke emissions -- Work group. 

70.94.510 Policy to cooperate with federal government. 

70.94.521 Transportation demand management -- Findings. 

70.94.524 Transportation demand management -- Definitions. 

70.94.527 Transportation demand management -- Requirements for counties and 

cities. 

70.94.528 Transportation demand management -- Growth and transportation 

efficiency centers. 

70.94.531 Transportation demand management -- Requirements for employers. 

70.94.534 Transportation demand management -- Jurisdictions' review and 

penalties. 

70.94.537 Transportation demand management -- Commute trip reduction board. 

70.94.541 Transportation demand management -- Technical assistance. 

70.94.544 Transportation demand management -- Use of funds. 

70.94.547 Transportation demand management -- Intent -- State leadership. 

70.94.551 Transportation demand management -- State agencies -- Joint 

comprehensive commute trip reduction plan -- Reports. 

70.94.555 Transportation demand management -- Collective bargaining powers 

unaffected. 

70.94.600 Reports of authorities to department of ecology -- Contents. 

70.94.610 Burning used oil fuel in land-based facilities. 
70.94.620 Metals mining and milling operations permits -- Inspections by department 

of ecology. 

70.94.630 Sulfur dioxide abatement account -- Coal-fired thermal electric generation 

facilities -- Application -- Determination and assessment of progress -- 

Certification of pollution level -- Reimbursement -- Time limit for and 

extension of account. 

70.94.640 Odors or fugitive dust caused by agricultural activities consistent with good 

agricultural practices exempt from chapter. 

70.94.645 Ammonia emissions from use as agricultural or silvicultural fertilizer -- 

Regulation prohibited. 

OUTDOOR BURNING 

70.94.6511 Definition of "outdoor burning." 

70.94.6512 Outdoor burning -- Fires prohibited -- Exceptions. 

70.94.6514 Outdoor burning -- Areas where prohibited -- Exceptions -- Use for 

management of storm or flood-related debris -- Silvicultural burning. 

70.94.6516 Outdoor burning -- Permits issued by political subdivisions. 

70.94.6518 Limited outdoor burning -- Establishment of program. 

70.94.6520 Limited outdoor burning -- Construction. 

70.94.6522 Limited outdoor burning -- Authority of local air pollution control authority 

or department of ecology to allow outdoor fires not restricted. 

70.94.6524 Limited outdoor burning -- Program -- Exceptions. 

70.94.6526 Limited outdoor burning -- Permits issued by political subdivisions -- Types 

of fires permitted. 

70.94.6528 Permits -- Issuance -- Conditioning of permits -- Fees -- Agricultural 

burning practices and research task force -- Development of public 

education materials -- Agricultural activities. 

70.94.6530 Delegation of permit issuance and enforcement to political subdivisions. 

70.94.6532 Open burning of grasses grown for seed -- Alternatives -- Studies -- 

Deposit of permit fees in special grass seed burning account -- 

Procedures -- Limitations -- Report. 

70.94.6534 Burning permits for abating or prevention of forest fire hazards, 

management of ecosystems, instruction or silvicultural operations -- 

Issuance. 

70.94.6536 Silvicultural forest burning -- Reduce statewide emissions -- Exemption -- 

Monitoring program. 

70.94.6538 Burning permits for abating or prevention of forest fire hazards, 

management of ecosystems, instruction or silvicultural operations -- 

Conditions for issuance and use of permits -- Air quality standards to be 
met -- Alternate methods to lessen forest debris. 

70.94.6540 Cooperation between department of natural resources and state, local, or 

regional air pollution authorities -- Withholding of permits. 

70.94.6542 Adoption of rules. 

70.94.6544 Burning permits for regeneration of rare and endangered plants. 

70.94.6546 Aircraft crash rescue fire training -- Training to fight structural fires -- 

Training to fight forest fires -- Other firefighter instruction. 

70.94.6548 Outdoor burning allowed for managing storm or flood-related debris. 

70.94.6550 Fires necessary for Indian ceremonies or smoke signals. 

70.94.6552 Permit to set fires for weed abatement. 

70.94.6554 Disposal of tumbleweeds. 

70.94.710 Air pollution episodes -- Legislative finding -- Declaration of policy. 

70.94.715 Air pollution episodes -- Episode avoidance plan -- Contents -- Source 

emission reduction plans -- Authority -- Considered orders. 

70.94.720 Air pollution episodes -- Declaration of air pollution emergency by 

governor. 

70.94.725 Air pollution episodes -- Restraining orders, temporary injunctions to 

enforce orders -- Procedure. 

70.94.730 Air pollution episodes -- Orders to be effective immediately. 

70.94.785 Plans approved pursuant to federal clean air act -- Enforcement authority. 

70.94.800 Legislative declaration -- Intent. 

70.94.805 Definitions. 

70.94.820 Monitoring by department of ecology. 

70.94.850 Emission credits banking program -- Amount of credit. 

70.94.860 Department of ecology may accept delegation of programs. 

70.94.875 Evaluation of information on acid deposition in Pacific Northwest -- 

Establishment of critical levels -- Notification of legislature. 

70.94.880 Establishment of critical deposition and acidification levels -- 

Considerations. 

70.94.892 Carbon dioxide mitigation -- Fees. 

70.94.901 Construction -- 1967 c 238. 

70.94.902 Construction, repeal of RCW 70.94.061 through 70.94.066 -- Saving. 

70.94.904 Effective dates -- 1991 c 199. 

70.94.905 Severability -- 1991 c 199. 
70.94.906 Captions not law. 

70.94.911 Severability -- 1967 c 238. 

70.94.960 Clean fuel matching grants for public transit, vehicle mechanics, and 

refueling infrastructure. 

70.94.970 Chlorofluorocarbons -- Ozone -- Refrigerants regulated. 

70.94.980 Refrigerants -- Unlawful acts. 

70.94.990 Refrigerants -- Rules -- Enforcement provisions, limitations. 

70.94.996 Grant program for ride sharing. 

Notes: 

Environmental certification programs -- Fees -- Rules -- Liability: RCW 43.21A.175. 

Pollution Disclosure Act of 1971: Chapter 90.52 RCW. 

Tax exemptions and credits for air pollution control facilities: Chapter 82.34 RCW. 

Washington clean indoor air act: Chapter 70.160 RCW. 

70.94.011 

Declaration of public policies and purpose. 

It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future 

generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality 

is a matter of statewide concern and is in the public interest. It is the intent of this chapter to secure and maintain 

levels of air quality that protect human health and safety, including the most sensitive members of the population, to 

comply with the requirements of the federal clean air act, to prevent injury to plant, animal life, and property, to foster 

the comfort and convenience of Washington's inhabitants, to promote the economic and social development of the 

state, and to facilitate the enjoyment of the natural attractions of the state. 

 It is further the intent of this chapter to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, 

historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or 

natural attractions. 

 Because of the extent of the air pollution problem the legislature finds it necessary to return areas with poor air 

quality to levels adequate to protect health and the environment as expeditiously as possible but no later than 

December 31, 1995. Further, it is the intent of this chapter to prevent any areas of the state with acceptable air quality 

from reaching air contaminant levels that are not protective of human health and the environment. 

 The legislature recognizes that air pollution control projects may affect other environmental media. In selecting air 

pollution control strategies state and local agencies shall support those strategies that lessen the negative 

environmental impact of the project on all environmental media, including air, water, and land. 

 The legislature further recognizes that energy efficiency and energy conservation can help to reduce air pollution 

and shall therefore be considered when making decisions on air pollution control strategies and projects. 

 It is the policy of the state that the costs of protecting the air resource and operating state and local air pollution 

control programs shall be shared as equitably as possible among all sources whose emissions cause air pollution. 

 It is also declared as public policy that regional air pollution control programs are to be encouraged and supported 

to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality. 

 To these ends it is the purpose of this chapter to safeguard the public interest through an intensive, progressive, 
and coordinated statewide program of air pollution prevention and control, to provide for an appropriate distribution of 

responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of 

government, to improve cooperation between state and federal government, public and private organizations, and the 

concerned individual, as well as to provide for the use of all known, available, and reasonable methods to reduce, 

prevent, and control air pollution. 

 The legislature recognizes that the problems and effects of air pollution cross political boundaries, are frequently 

regional or interjurisdictional in nature, and are dependent upon the existence of human activity in areas having 

common topography and weather conditions conducive to the buildup of air contaminants. In addition, the legislature 

recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences. 

These changes often result in increasingly serious problems for the public and the environment. 

 The legislature further recognizes that air emissions from thousands of small individual sources are major 

contributors to air pollution in many regions of the state. As the population of a region grows, small sources may 

contribute an increasing proportion of that region's total air emissions. It is declared to be the policy of the state to 

achieve significant reductions in emissions from those small sources whose aggregate emissions constitute a 

significant contribution to air pollution in a particular region. 

 It is the intent of the legislature that air pollution goals be incorporated in the missions and actions of state 

agencies. 

[1991 c 199 § 102; 1973 1st ex.s. c 193 § 1; 1969 ex.s. c 168 § 1; 1967 c 238 § 1.] 

Notes:

 Finding -- 1991 c 199: "The legislature finds that ambient air pollution is the most 

serious environmental threat in Washington state. Air pollution causes significant harm 

to human health; damages the environment, including trees, crops, and animals; causes 

deterioration of equipment and materials; contributes to water pollution; and degrades 

the quality of life. 

 Over three million residents of Washington state live where air pollution levels are 

considered unhealthful. Of all toxic chemicals released into the environment more than 

half enter our breathing air. Citizens of Washington state spend hundreds of millions of 

dollars annually to offset health, environmental, and material damage caused by air 

pollution. The legislature considers such air pollution levels, costs, and damages to be 

unacceptable. 

 It is the intent of this act that the implementation of programs and regulations to 

control air pollution shall be the primary responsibility of the department of ecology and 

local air pollution control authorities." [1991 c 199 § 101.] 

 Alternative fuel and solar powered vehicles -- 1991 c 199: "The department of 

ecology shall contract with Western Washington University for the biennium ending 

June 30, 1993, for research and development of alternative fuel and solar powered 

vehicles. A report on the progress of such research shall be presented to the standing 

environmental committees and the department by January 1, 1994." [1991 c 199 § 230.] 

70.94.015 

Air pollution control account — Air operating permit account. 
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the 

department from RCW 70.94.151(2), and receipts from nonpermit program sources under RCW 70.94.152(1) 

and70.94.154 (7), and all receipts from RCW *70.94.650, *70.94.660, **82.44.020(2), and **82.50.405 shall be 

deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the 

account may be used only to develop and implement the provisions of chapters 70.94 and 70.120 RCW. 

 (2) The amounts collected and allocated in accordance with this section shall be expended upon appropriation 

except as otherwise provided in this section and in accordance with the following limitations: 

 Portions of moneys received by the department of ecology from the air pollution control account shall be 

distributed by the department to local authorities based on: 

 (a) The level and extent of air quality problems within such authority's jurisdiction; 

 (b) The costs associated with implementing air pollution regulatory programs by such authority; and 

 (c) The amount of funding available to such authority from other sources, whether state, federal, or local, that 

could be used to implement such programs. 

 (3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on 

behalf of the department from permit program sources under RCW 70.94.152(1), 70.94.161, 70.94.162, and 

70.94.154(7) shall be deposited into the account. Expenditures from the account may be used only for the activities 

described in RCW 70.94.152(1),70.94.161 , 70.94.162, and 70.94.154(7). Moneys in the account may be spent only 

after appropriation. 

[1998 c 321 § 33 (Referendum Bill No. 49, approved November 3, 1998); 1993 c 252 § 1; 1991 c 199 § 228.] 

Notes:

 Reviser's note: *(1) RCW 70.94.650 and 70.94.660 were recodified as RCW 

70.94.6528 and 70.94.6534 respectively pursuant to 2009 c 118 § 802. 

 **(2) RCW 82.44.020 and 82.50.405 were repealed by 2000 1st sp.s. c 1 § 2. 

 Purpose -- Severability -- 1998 c 321: See notes following RCW 82.14.045. 

 Contingent effective dates -- 1998 c 321 §§ 23-42: See note following RCW 

35.58.410. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.017 

Air pollution control account — Subaccount distribution. (Expires July 1, 2020.) 

(1) Money deposited in the segregated subaccount of the air pollution control account under *RCW 46.68.020(2) shall 

be distributed as follows: 

 (a) Eighty-five percent shall be distributed to air pollution control authorities created under this chapter. The money 

must be distributed in direct proportion with the amount of fees imposed under RCW **46.12.080, ***46.12.170, and 

****46.12.181 that are collected within the boundaries of each authority. However, an amount in direct proportion with 

those fees collected in counties for which no air pollution control authority exists must be distributed to the 

department. 

 (b) The remaining fifteen percent shall be distributed to the department. 
 (2) Money distributed to air pollution control authorities and the department under subsection (1) of this section 

must be used as follows: 

 (a) Eighty-five percent of the money received by an air pollution control authority or the department is available on 

a priority basis to retrofit school buses with exhaust emission control devices or to provide funding for fueling 

infrastructure necessary to allow school bus fleets to use alternative, cleaner fuels. In addition, the director of ecology 

or the air pollution control officer may direct funding under this section for other publicly or privately owned diesel 

equipment if the director of ecology or the air pollution control officer finds that funding for other publicly or privately 

owned diesel equipment will provide public health benefits and further the purposes of this chapter. 

 (b) The remaining fifteen percent may be used by the air pollution control authority or department to reduce 

transportation-related air contaminant emissions and clean up air pollution, or reduce and monitor toxic air 

contaminants. 

 (3) Money in the air pollution control account may be spent by the department only after appropriation. 

 (4) This section expires July 1, 2020. 

[2007 c 348 § 102; 2005 c 295 § 5; 2003 c 264 § 1.] 

Notes:

 Reviser's note: *(1) The deposit of moneys into the segregated subaccount of the 

air pollution control account as referenced here in RCW 46.68.020(2) appears to have 

expired on July 1, 2008. RCW 46.68.020 was subsequently amended by 2011 c 171 § 

84, deleting subsection (2). 

 **(2) RCW 46.12.080 was recodified as RCW 46.12.590 pursuant to 2010 c 161 § 

1210, effective July 1, 2011. 

 ***(3) RCW 46.12.170 was recodified as RCW 46.12.975 pursuant to 2010 c 161 § 

1211, effective July 1, 2011. 

 ****(4) RCW 46.12.181 was recodified as RCW 46.12.580 pursuant to 2010 c 161 § 

1210, effective July 1, 2011. 

 Findings -- Part headings not law -- 2007 c 348: See RCW 43.325.005 and 

43.325.903. 

 Effective date -- 2005 c 295 §§ 5, 6, and 10: "Sections 5, 6, and 10 of this act are 

necessary for the immediate preservation of the public peace, health, or safety, or 

support of the state government and its existing public institutions, and take effect July 

1, 2005." [2005 c 295 § 14.] 

 Findings -- 2005 c 295: See note following RCW 70.120A.010. 

70.94.030 

Definitions. 
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. 

 (1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or 

any combination thereof. 

 (2) "Air pollution" is 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. For the purpose of this chapter, air 

pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW. 

 (3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an 

air contaminant or multiple contaminants in the ambient air which shall not be exceeded. 

 (4) "Ambient air" means the surrounding outside air. 

 (5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the 

boundaries of one or more counties. 

 (6) "Best available control technology" (BACT) means an emission limitation based on the maximum degree of 

reduction for each air pollutant subject to regulation under this chapter emitted from or that results from any new or 

modified stationary source, that the permitting authority, on a case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, determines is achievable for such a source or modification 

through application of production processes and available methods, systems, and techniques, including fuel cleaning, 

clean fuels, or treatment or innovative fuel combustion techniques for control of each such a pollutant. In no event 

shall application of "best available control technology" result in emissions of any pollutants that will exceed the 

emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist on July 25, 1993, or 

their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean 

fuels, or any other means, to comply with this subsection shall not be allowed to increase above levels that would 

have been required under the definition of BACT as it existed prior to enactment of the federal clean air act 

amendments of 1990. 

 (7) "Best available retrofit technology" (BART) means an emission limitation based on the degree of reduction 

achievable through the application of the best system of continuous emission reduction for each pollutant that is 

emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking 

into consideration the technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life 

of the source, and the degree of improvement in visibility that might reasonably be anticipated to result from the use 

of the technology. 

 (8) "Board" means the board of directors of an authority. 

 (9) "Control officer" means the air pollution control officer of any authority. 

 (10) "Department" or "ecology" means the department of ecology. 

 (11) "Emission" means a release of air contaminants into the ambient air. 

 (12) "Emission standard" and "emission limitation" mean a requirement established under the federal clean air act 

or this chapter that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, 

including any requirement relating to the operation or maintenance of a source to assure continuous emission 

reduction, and any design, equipment, work practice, or operational standard adopted under the federal clean air act 

or this chapter. 

 (13) "Fine particulate" means particulates with a diameter of two and one-half microns and smaller. 

 (14) "Lowest achievable emission rate" (LAER) means for any source that rate of emissions that reflects: 

 (a) The most stringent emission limitation that is contained in the implementation plan of any state for such class 

or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not 

achievable; or 

 (b) The most stringent emission limitation that is achieved in practice by such class or category of source, 
whichever is more stringent. 

 In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in 

excess of the amount allowable under applicable new source performance standards. 

 (15) "Modification" means any physical change in, or change in the method of operation of, a stationary source 

that increases the amount of any air contaminant emitted by such source or that results in the emission of any air 

contaminant not previously emitted. The term modification shall be construed consistent with the definition of 

modification in Section 7411, Title 42, United States Code, and with rules implementing that section. 

 (16) "Multicounty authority" means an authority which consists of two or more counties. 

 (17) "New source" means (a) the construction or modification of a stationary source that increases the amount of 

any air contaminant emitted by such source or that results in the emission of any air contaminant not previously 

emitted, and (b) any other project that constitutes a new source under the federal clean air act. 

 (18) "Permit program source" means a source required to apply for or to maintain an operating permit under RCW 

70.94.161. 

 (19) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision 

of the state, municipality, or governmental agency. 

 (20) "Reasonably available control technology" (RACT) means the lowest emission limit that a particular source or 

source category is capable of meeting by the application of control technology that is reasonably available 

considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual 

source or source category taking into account the impact of the source upon air quality, the availability of additional 

controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, 

and the capital and operating costs of the additional controls. RACT requirements for a source or source category 

shall be adopted only after notice and opportunity for comment are afforded. 

 (21) "Silvicultural burning" means burning of wood fiber on forest land consistent with the provisions of *RCW 

70.94.660. 

 (22) "Source" means all of the emissions units including quantifiable fugitive emissions, that are located on one or 

more contiguous or adjacent properties, and are under the control of the same person, or persons under common 

control, whose activities are ancillary to the production of a single product or functionally related group of products. 

 (23) "Stationary source" means any building, structure, facility, or installation that emits or may emit any air 

contaminant. 

 (24) "Trigger level" means the ambient level of fine particulates, measured in micrograms per cubic meter, that 

must be detected prior to initiating a first or second stage of impaired air quality under RCW 70.94.473. 

[2005 c 197 § 2; 1993 c 252 § 2; 1991 c 199 § 103; 1987 c 109 § 33; 1979 c 141 § 119; 1969 ex.s. c 168 § 2; 1967 ex.s. c 61 § 1; 1967 c 

238 § 2; 1957 c 232 § 3.] 

Notes:

 *Reviser's note: RCW 70.94.660 was recodified as RCW 70.94.6534 pursuant to 

2009 c 118 § 802. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 
70.94.033 

Environmental excellence program agreements — Effect on chapter. 

Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, 

limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental 

excellence program agreement, entered into under chapter 43.21K RCW. 

[1997 c 381 § 21.] 

Notes:

 Purpose -- 1997 c 381: See RCW 43.21K.005. 

70.94.035 

Technical assistance program for regulated community. 

The department shall establish a technical assistance unit within its air quality program, consistent with the federal 

clean air act, to provide the regulated community, especially small businesses with: 

 (1) Information on air pollution laws, rules, compliance methods, and technologies; 

 (2) Information on air pollution prevention methods and technologies, and prevention of accidental releases; 

 (3) Assistance in obtaining permits and developing emission reduction plans; 

 (4) Information on the health and environmental effects of air pollution. 

 No representatives of the department designated as part of the technical assistance unit created in this section 

may have any enforcement authority. Staff of the technical assistance unit who provide on-site consultation at an 

industrial or commercial facility and who observe violations of air quality rules shall immediately inform the owner or 

operator of the facility of such violations. On-site consultation visits shall not be regarded as an inspection or 

investigation and no notices or citations may be issued or civil penalties assessed during such a visit. However, 

violations shall be reported to the appropriate enforcement agency and the facility owner or operator shall be notified 

that the violations will be reported. No enforcement action shall be taken by the enforcement agency for violations 

reported by technical assistance unit staff unless and until the facility owner or operator has been provided 

reasonable time to correct the violation. Violations that place any person in imminent danger of death or substantial 

bodily harm or cause physical damage to the property of another in an amount exceeding one thousand dollars may 

result in immediate enforcement action by the appropriate enforcement agency. 

[1991 c 199 § 308.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.037 

Transportation activities — "Conformity" determination requirements. 

In areas subject to a state implementation plan, no state agency, metropolitan planning organization, or local 

government shall approve or fund a transportation plan, program, or project within or that affects a nonattainment 

area unless a determination has been made that the plan, program, or project conforms with the state implementation 

plan for air quality as required by the federal clean air act. 
 Conformity determination shall be made by the state or local government or metropolitan planning organization 

administering or developing the plan, program, or project. 

 No later than eighteen months after May 15, 1991, the director of the department of ecology and the secretary of 

transportation, in consultation with other state, regional, and local agencies as appropriate, shall adopt by rule criteria 

and guidance for demonstrating and assuring conformity of plans, programs, and projects that are wholly or partially 

federally funded. 

 A project with a scope that is limited to preservation or maintenance, or both, shall be exempted from a conformity 

determination requirement. 

[1991 c 199 § 219.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.040 

Causing or permitting air pollution unlawful — Exception. 

Except where specified in a variance permit, as provided in RCW 70.94.181, it shall be unlawful for any person to 

cause air pollution or permit it to be caused in violation of this chapter, or of any ordinance, resolution, rule or 

regulation validly promulgated hereunder. 

[1980 c 175 § 2; 1967 c 238 § 3; 1957 c 232 § 4.] 

70.94.041 

Exception — Burning wood at historic structure. 

Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, 

structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established 

pursuant to RCW 27.34.220, shall be permitted to burn wood as it would have when it was a functioning facility as an 

authorized exception to the provisions of this chapter. Such burning of wood shall not be exempted from the 

provisions of RCW 70.94.710 through 70.94.730. 

[1991 c 199 § 506; 1983 c 3 § 175; 1977 ex.s. c 38 § 1.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.053 

Air pollution control authorities created — Activated authorities, composition, 

meetings — Delineation of air pollution regions, considerations. 

(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of 

the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the 
county within which it is located. An authority shall include all incorporated and unincorporated areas of the county 

within which it is located. 

 (2) Except as provided in RCW 70.94.262, all authorities which are presently activated authorities shall carry out 

the duties and exercise the powers provided in this chapter. Those activated authorities which encompass contiguous 

counties are declared to be and directed to function as a multicounty authority. 

 (3) All other air pollution control authorities are hereby designated as inactive authorities. 

 (4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such 

individuals as is provided in RCW 70.94.100. 

[1995 c 135 § 5. Prior: 1991 c 363 § 143; 1991 c 199 § 701; 1991 c 125 § 1; prior: 1987 c 505 § 60; 1987 c 109 § 34; 1979 c 141 § 120; 1967 

c 238 § 4.] 

Notes:

 Intent -- 1995 c 135: See note following RCW 29A.08.760. 

 Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.055 

Air pollution control authority may be activated by counties, when. 

The legislative authority of any county may activate an air pollution control authority following a public hearing on its 

own motion, or upon a filing of a petition signed by one hundred property owners within the county. If the county 

legislative authority determines as a result of the public hearing that: 

 (1) Air pollution exists or is likely to occur; and 

 (2) The city or town ordinances, or county resolutions, or their enforcement, are inadequate to prevent or control 

air pollution, 

it may by resolution activate an air pollution control authority or combine with a contiguous county or counties to form 

a multicounty air pollution control authority. 

[1995 c 135 § 6. Prior: 1991 c 363 § 144; 1991 c 199 § 702; 1967 c 238 § 5.] 

Notes:

 Intent -- 1995 c 135: See note following RCW 29A.08.760. 

 Purpose -- Captions not law -- 1991 c 363: See notes following RCW 2.32.180. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
70.94.057 

Multicounty authority may be formed by contiguous counties — Name. 

The boards of county commissioners of two or more contiguous counties may, by joint resolution, combine to form a 

multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of 

the counties forming the authority. 

 The name of the multicounty authority shall bear the names of the counties making up such multicounty authority 

or a name adopted by the board of such multicounty authority. 

[1967 c 238 § 6.] 

70.94.068 

Merger of active and inactive authorities to form multicounty or regional authority 

— Procedure. 

The respective boards of county commissioners of two or more contiguous counties may merge any combination of 

their several inactive or activated authorities to form one activated multicounty authority. Upon a determination that 

the purposes of this chapter will be served by such merger, each board of county commissioners may adopt the 

resolution providing for such merger. Such resolution shall become effective only when a similar resolution is adopted 

by the other contiguous county or counties comprising the proposed authority. The boundaries of such authority shall 

be coextensive with the boundaries of the counties within which it is located. 

[1969 ex.s. c 168 § 3; 1967 c 238 § 11.] 

70.94.069 

Merger of active and inactive authorities to form multicounty or regional authority 

— Reorganization of board of directors — Rules and regulations. 

Whenever there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated 

authorities to form a multicounty authority, the board of directors shall be reorganized as provided in RCW 70.94.100, 

70.94.110, and 70.94.120. 

 In the case of the merger of two or more activated authorities the rules and regulations of each authority shall 

continue in effect and shall be enforced within the jurisdiction of each until such time as the board of directors adopts 

rules and regulations applicable to the newly formed multicounty authority. 

 In the case of the merger of an inactive authority with an activated authority or authorities, upon approval of such 

merger by the board or boards of county commissioners of the county or counties comprising the existing activated 

authority or authorities, the rules and regulations of the activated authority or authorities shall remain in effect until 

superseded by the rules and regulations of the multicounty authority as provided in RCW 70.94.230. 

[1969 ex.s. c 168 § 4; 1967 c 238 § 12.] 
70.94.070 

Resolutions activating authorities — Contents — Filings — Effective date of 

operation. 

The resolution or resolutions activating an air pollution authority shall specify the name of the authority and 

participating political bodies; the authority's principal place of business; the territory included within it; and the 

effective date upon which such authority shall begin to transact business and exercise its powers. In addition, such 

resolution or resolutions may specify the amount of money to be contributed annually by each political subdivision, or 

a method of dividing expenses of the air pollution control program. Upon the adoption of a resolution or resolutions 

calling for the activation of an authority or the merger of an inactive or activated authority or several activated 

authorities to form a multicounty authority, the governing body of each shall cause a certified copy of each such 

ordinance or resolution to be filed in the office of the secretary of state of the state of Washington. From and after the 

date of filing with the secretary of state a certified copy of each such resolution, or resolutions, or the date specified in 

such resolution or resolutions, whichever is later, the authority may begin to function and may exercise its powers. 

 Any authority activated by the provisions of this chapter shall cause a certified copy of all information required by 

this section to be filed in the office of the secretary of state of the state of Washington. 

[1969 ex.s. c 168 § 5; 1967 c 238 § 13; 1957 c 232 § 7.] 

70.94.081 

Powers and duties of authorities. 

An activated authority shall be deemed a municipal corporation; have right to perpetual succession; adopt and use a 

seal; may sue and be sued in the name of the authority in all courts and in all proceedings; and, may receive, account 

for, and disburse funds, employ personnel, and acquire or dispose of any interest in real or personal property within 

or without the authority in the furtherance of its purposes. 

[1969 ex.s. c 168 § 6; 1967 c 238 § 14.] 

70.94.085 

Cost-reimbursement agreements. 

(1) An authority may enter into a written cost-reimbursement agreement with a permit applicant or project proponent 

to recover from the applicant or proponent the reasonable costs incurred by the authority in carrying out the 

requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, 

environmental review, application review, technical studies, and permit processing. 

 (2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the 

agreement. The agreement must include a schedule that states: 

 (a) The estimated number of weeks for initial review of the permit application; 

 (b) The estimated number of revision cycles; 

 (c) The estimated number of weeks for review of subsequent revision submittals; 

 (d) The estimated number of billable hours of employee time; 

 (e) The rate per hour; and 
 (f) A date for revision of the agreement if necessary. 

 (3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. 

Under the provisions of a cost-reimbursement agreement, funds from the applicant or proponent shall be used by the 

air pollution control authority to contract with an independent consultant to carry out the work covered by the costreimbursement agreement. The air pollution control authority may also use funds provided under a costreimbursement agreement to hire temporary employees, to assign current staff to review the work of the consultant, 

to provide necessary technical assistance when an independent consultant with comparable technical skills is 

unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. 

The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve policy 

matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate 

of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary 

employees to replace the time and functions committed by these permanent staff to the project. The billing process 

shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress 

payments. 

 (4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In 

order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or 

make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement 

agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The provisions 

of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a costreimbursement agreement. Members of the air pollution control authority's board of directors shall be considered as 

state officers, and employees of the air pollution control authority shall be considered as state employees, for the sole 

purpose of applying the restrictions of chapter 42.52 RCW to this section. 

[2009 c 97 § 12; 2007 c 94 § 14; 2003 c 70 § 5; 2000 c 251 § 6.] 

Notes:

 Intent -- Captions not law -- Effective date -- 2000 c 251: See notes following 

RCW 43.21A.690. 

70.94.091 

Excess tax levy authorized — Election, procedure, expense. 

An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax 

limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five cents per 

thousand dollars of assessed value a year when authorized so to do by the electors of such authority by a three-fifths 

majority of those voting on the proposition at a special election, to be held in the year in which the levy is made, in the 

manner set forth in Article VII, section 2 (a) of the Constitution of this state, as amended by Amendment 59 and as 

thereafter amended. Nothing herein shall be construed to prevent holding the foregoing special election at the same 

time as that fixed for a general election. The expense of all special elections held pursuant to this section shall be 

paid by the authority. 

[1973 1st ex.s. c 195 § 84; 1969 ex.s. c 168 § 7; 1967 c 238 § 15.] 

Notes:

 Severability -- Effective dates and termination dates -- Construction -- 1973 1st 

ex.s. c 195: See notes following RCW 84.52.043. 

70.94.092 

Air pollution control authority — Fiscal year — Adoption of budget — Contents. 
Notwithstanding the provisions of RCW 1.16.030, the budget year of each activated authority shall be the fiscal year 

beginning July 1st and ending on the following June 30th. On or before the fourth Monday in June of each year, each 

activated authority shall adopt a budget for the following fiscal year. The activated authority budget shall contain 

adequate funding and provide for staff sufficient to carry out the provisions of all applicable ordinances, resolutions, 

and local regulations related to the reduction, prevention, and control of air pollution. The legislature acknowledges 

the need for the state to provide reasonable funding to local authorities to carry out the requirements of this chapter. 

The budget shall contain an estimate of all revenues to be collected during the following budget year, including any 

surplus funds remaining unexpended from the preceding year. The remaining funds required to meet budget 

expenditures, if any, shall be designated as "supplemental income" and shall be obtained from the component cities, 

towns, and counties in the manner provided in this chapter. The affirmative vote of three-fourths of all members of the 

board shall be required to authorize emergency expenditures. 

[1991 c 199 § 703; 1975 1st ex.s. c 106 § 1; 1969 ex.s. c 168 § 8; 1967 c 238 § 16.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.093 

Methods for determining proportion of supplemental income to be paid by 

component cities, towns and counties — Payment. 

(1) Each component city or town shall pay such proportion of the supplemental income to the authority as determined 

by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the 

other as provided in subsection (1)(c) of this section: 

 (a) Each component city or town shall pay such proportion of the supplemental income as the assessed valuation 

of property within its limits bears to the total assessed valuation of taxable property within the activated authority. 

 (b) Each component city or town shall pay such proportion of the supplemental income as the total population of 

such city or town bears to the total population of the activated authority. The population of the city or town shall be 

determined by the most recent census, estimate or survey by the federal bureau of census or any state board or 

commission authorized to make such a census, estimate or survey. 

 (c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such combination 

shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent of the method prescribed in 

(b) of this subsection. 

 (2) Each component county shall pay such proportion of such supplemental income to the authority as determined 

by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the 

other as prescribed in subsection (2)(c) of this section: 

 (a) Each component county shall pay such proportion of such supplemental income as the assessed valuation of 

the property within the unincorporated area of such county lying within the activated authority bears to the total 

assessed valuation of taxable property within the activated authority. 

 (b) Each component county shall pay such proportion of the supplemental income as the total population of the 

unincorporated area of such county bears to the total population of the activated authority. The population of the 

county shall be determined by the most recent census, estimate or survey by the federal bureau of census or any 

state board or commission authorized to make such a census, estimate or survey. 

 (c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such combination 

shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent of the method prescribed in 

(b) of this subsection. 

 (3) In making such determination of the assessed valuation of property in the component cities, towns and 

counties, the board shall use the last available assessed valuations. The board shall certify to each component city, 
town and county, prior to the fourth Monday in June of each year, the share of the supplemental income to be paid by 

such component city, town or county for the next calendar year. The latter shall then include such amount in its 

budget for the ensuing calendar year, and during such year shall pay to the activated authority, in equal quarterly 

installments, the amount of its supplemental share. 

[1969 ex.s. c 168 § 9; 1967 c 238 § 17.] 

70.94.094 

Designation of authority treasurer and auditor — Duties. 

The treasurer of each component city, town, or county shall create a separate fund into which shall be paid all money 

collected from taxes or from any other available sources, levied by or obtained for the activated authority on property 

or on any other available sources in such city, town, or county . The collected money shall be forwarded quarterly by 

the treasurer of each such city, town, or county to the treasurer of the county designated by the board as the 

treasurer for the authority. The treasurer of the county designated to serve as treasurer of the authority shall establish 

and maintain funds as authorized by the board. 

 Money shall be disbursed from funds collected under this section upon warrants drawn by either the authority or 

the auditor of the county designated by the board as the auditor for the authority, as authorized by the board. 

 If an authority chooses to use a county auditor for the disbursement of funds, the respective county shall be 

reimbursed by the board for services rendered by the auditor of the respective county in connection with the 

disbursement of funds under this section. 

[2007 c 164 § 1; 1969 ex.s. c 168 § 10; 1967 c 238 § 18.] 

70.94.095 

Assessed valuation of taxable property, certification by county assessors. 

It shall be the duty of the assessor of each component county to certify annually to the board the aggregate assessed 

valuation of all taxable property in all incorporated and unincorporated areas situated in any activated authority as the 

same appears from the last assessment roll of his county. 

[1969 ex.s. c 168 § 11; 1967 c 238 § 19.] 

70.94.096 

Authorization to borrow money. 

An activated authority shall have the power when authorized by a majority of all members of the board to borrow 

money from any component city, town or county and such cities, towns and counties are hereby authorized to make 

such loans or advances on such terms as may be mutually agreed upon by the board and the legislative bodies of 

any such component city, town or county to provide funds to carry out the purposes of the activated authority. 

[1969 ex.s. c 168 § 12; 1967 c 238 § 20.] 
70.94.097 

Special air pollution studies — Contracts for conduct of. 

In addition to paying its share of the supplemental income of the activated authority, each component city, town, or 

county shall have the power to contract with such authority and expend funds for the conduct of special studies, 

investigations, plans, research, advice, or consultation relating to air pollution and its causes, effects, prevention, 

abatement, and control as such may affect any area within the boundaries of the component city, town, or county, 

and which could not be performed by the authority with funds otherwise available to it. Any component city, town or 

county which contracts for the conduct of such special air pollution studies, investigations, plans, research, advice or 

consultation with any entity other than the activated authority shall require that such an entity consult with the 

activated authority. 

[1975 1st ex.s. c 106 § 2.] 

70.94.100 

Air pollution control authority — Board of directors — Composition — Term. 

(1) The governing body of each authority shall be known as the board of directors. 

 (2)(a) In the case of an authority comprised of one county, with a population of less than four hundred thousand 

people, the board shall be comprised of two appointees of the city selection committee, at least one of whom shall 

represent the city having the most population in the county, and two representatives to be designated by the board of 

county commissioners. 

 (b) In the case of an authority comprised of one county, with a population of equal to or greater than four hundred 

thousand people, the board shall be comprised of three appointees of cities, one each from the two cities with the 

most population in the county and one appointee of the city selection committee representing the other cities, and 

one representative to be designated by the board of county commissioners. 

 (c) In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one 

appointee from each county, who shall represent the city having the most population in such county, to be designated 

by the mayor and city council of such city, and one representative from each county to be designated by the board of 

county commissioners of each county making up the authority. 

 (d) In the case of an authority comprised of six or more counties, the board shall be comprised of one 

representative from each county to be designated by the board of county commissioners of each county making up 

the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be 

appointed by the mayor and city council of such city. 

 (3) If the board of an authority otherwise would consist of an even number, the members selected as above 

provided shall agree upon and elect an additional member who shall be: 

 (a) In the case of an authority comprised of one county with a population of equal to or greater than four hundred 

thousand people, a citizen residing in the county who demonstrates significant professional experience in the field of 

public health, air quality protection, or meteorology; or 

 (b) In the case of an authority comprised of one county, with a population less than four hundred thousand people, 

or of more than one county, either a member of the governing body of one of the towns, cities or counties comprising 

the authority, or a private citizen residing in the authority. 

 (4) The terms of office of board members shall be four years. 

 (5) If an appointee is unable to complete his or her term as a board member, the vacancy for that office must be 

filled by the same method as the original appointment, except for the appointment by the city selection committee, 

which must use the method in RCW 70.94.120(1) for replacements. The person appointed as a replacement will 
serve the remainder of the term for that office. 

 (6) Wherever a member of a board has a potential conflict of interest in an action before the board, the member 

shall declare to the board the nature of the potential conflict prior to participating in the action review. The board shall, 

if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and 

objective review of the case, remove the member from participation in the action. 

[2009 c 254 § 1; 2006 c 227 § 1; 1991 c 199 § 704; 1989 c 150 § 1; 1969 ex.s. c 168 § 13; 1967 c 238 § 21; 1957 c 232 § 10.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.110 

City selection committees. 

There shall be a separate and distinct city selection committee for each county making up an authority. The 

membership of such committee shall consist of the mayor of each incorporated city and town within such county, 

except that the mayors of the cities, with the most population in a county, having already designated appointees to 

the board of an air pollution control authority comprised of a single county shall not be members of the committee. A 

majority of the members of each city selection committee shall constitute a quorum. 

[2006 c 227 § 2; 1967 c 238 § 22; 1963 c 27 § 1; 1957 c 232 § 11.] 

70.94.120 

City selection committees — Meetings, notice, recording officer — Alternative 

mail balloting — Notice. 

(1) The city selection committee of each county which is included within an authority shall meet within one month 

after the activation of such authority for the purpose of making its initial appointments to the board of such authority 

and thereafter whenever necessary for the purpose of making succeeding appointments. All meetings shall be held 

upon at least two weeks written notice given by the county auditor to each member of the city selection committee of 

each county and he shall give such notice upon request of any member of such committee. A similar notice shall be 

given to the general public by a publication of such notice in a newspaper of general circulation in such authority. The 

county auditor shall act as recording officer, maintain its records and give appropriate notice of its proceedings and 

actions. 

 (2) As an alternative to meeting in accordance with subsection (1) of this section, the county auditor may 

administer the appointment process through the mail. 

 (a) At least four months prior to the expiration of the term of office, the county auditor must mail a request to each 

member of the city selection committee seeking nominations to the office. The members of the selection committee 

have until the last day of the fourth month to return the nomination to the auditor or the auditor's designee. 

 (b) Within five business days of the close of the nomination period, the county auditor will mail ballots by certified 

mail to the members of the city selection committee, specifying the date by which to return the completed ballot which 

is the last day of the third month prior to the expiration of the term of office. Each mayor who chooses to participate in 

the balloting shall mark the choice for appointment, sign the ballot, and return the ballot to the county auditor. Each 

completed ballot shall be date-stamped upon receipt by the mayor or staff of the mayor of the city or town. The timely 

return of completed ballots by a majority of the members of each city selection committee constitutes a quorum and 

the common choice by a majority of the quorum constitutes a valid appointment. 

 (3) At least two weeks' written notice must be given by the county auditor to each member of the city selection 
committee prior to the nomination process. A similar notice shall be given to the general public by publication in a 

newspaper of general circulation in the authority. A single notice is sufficient for both the nomination process and the 

balloting process. 

[2009 c 254 § 2; 1995 c 261 § 2; 1969 ex.s. c 168 § 14; 1967 c 238 § 23; 1957 c 232 § 12.] 

70.94.130 

Air pollution control authority — Board of directors — Powers, quorum, officers, 

compensation. 

The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first 

meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70.94.100. 

The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. 

All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of 

business and shall be necessary for any action taken by the board. The board shall elect from its members a chair 

and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve 

on the board in his or her place with the same authority as the member when he or she is unable to attend. In no 

event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, 

shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand 

dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary 

expenses incurred by the member in such performance. The board may appoint a control officer, and any other 

personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from 

authority funds. 

[1998 c 342 § 1; 1991 c 199 § 705; 1969 ex.s. c 168 § 15; 1967 c 238 § 24; 1957 c 232 § 13.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.141 

Air pollution control authority — Powers and duties of activated authority. 

The board of any activated authority in addition to any other powers vested in them by law, shall have power to: 

 (1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after 

consideration at a public hearing held in accordance with chapter 42.30 RCW. Rules and regulations shall also be 

adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of 

RCW 34.05.325 that are not in conflict with chapter 42.30 RCW, and with the procedures of RCW 34.05.340, 

*34.05.355 through 34.05.380, and with chapter 34.08 RCW, except that rules shall not be published in the 

Washington Administrative Code. Judicial review of rules adopted by an authority shall be in accordance with Part V 

of chapter 34.05 RCW. An air pollution control authority shall not be deemed to be a state agency. 

 (2) Hold hearings relating to any aspect of or matter in the administration of this chapter not prohibited by the 

provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the 

attendance of witnesses and the production of evidence, administer oaths and take the testimony of any person 

under oath. 

 (3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all 

appropriate administrative and judicial proceedings subject to the rights of appeal as provided in chapter 62, Laws of 

1970 ex. sess. 

 (4) Require access to records, books, files and other information specific to the control, recovery or release of air 
contaminants into the atmosphere. 

 (5) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, 

by contract or otherwise. 

 (6) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution 

within its jurisdiction. 

 (7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter. 

 (8) Encourage and conduct studies, investigation and research relating to air pollution and its causes, effects, 

prevention, abatement and control. 

 (9) Collect and disseminate information and conduct educational and training programs relating to air pollution. 

 (10) Advise, consult, cooperate and contract with agencies and departments and the educational institutions of the 

state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States 

government, and with interested persons or groups. 

 (11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air 

contaminant source or device or system for the control thereof, concerning the efficacy of such device or system, or 

the air pollution problems which may be related to the source, device or system. Nothing in any such consultation 

shall be construed to relieve any person from compliance with this chapter, ordinances, resolutions, rules and 

regulations in force pursuant thereto, or any other provision of law. 

 (12) Accept, receive, disburse and administer grants or other funds or gifts from any source, including public and 

private agencies and the United States government for the purpose of carrying out any of the functions of this 

chapter. 

[1991 c 199 § 706; 1970 ex.s. c 62 § 56; 1969 ex.s. c 168 § 16; 1967 c 238 § 25.] 

Notes:

 *Reviser's note: RCW 34.05.355 was repealed by 1995 c 403 § 305. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Savings -- Effective date -- Severability -- 1970 ex.s. c 62: See notes following 

RCW 43.21A.010. 

70.94.142 

Subpoena powers — Witnesses, expenses and mileage — Rules and regulations. 

In connection with the subpoena powers given in RCW 70.94.141(2): 

 (1) In any hearing held under RCW 70.94.181 and 70.94.221, the board or the department, and their authorized 

agents: 

 (a) Shall issue a subpoena upon the request of any party and, to the extent required by rule or regulation, upon a 

statement or showing of general relevance and reasonable scope of the evidence sought; 

 (b) May issue a subpoena upon their own motion. 

 (2) The subpoena powers given in RCW 70.94.141(2) shall be statewide in effect. 

 (3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department 
shall be paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and 

mileage, and the cost of duplicating records required to be produced by subpoena issued upon the motion of the 

board or department, shall be paid by the board or department. Such fees and mileage, and the cost of producing 

records required to be produced by subpoena issued upon the request of a party, shall be paid by that party. 

 (4) If an individual fails to obey the subpoena, or obeys the subpoena but refuses to testify when required 

concerning any matter under examination or investigation or the subject of the hearing, the board or department shall 

file its written report thereof and proof of service of its subpoena, in any court of competent jurisdiction in the county 

where the examination, hearing or investigation is being conducted. Thereupon, the court shall forthwith cause the 

individual to be brought before it and, upon being satisfied that the subpoena is within the jurisdiction of the board or 

department and otherwise in accordance with law, shall punish him as if the failure or refusal related to a subpoena 

from or testimony in that court. 

 (5) The department may make such rules and regulations as to the issuance of its own subpoenas as are not 

inconsistent with the provisions of this chapter. 

[1987 c 109 § 35; 1969 ex.s. c 168 § 17; 1967 c 238 § 26.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.143 

Federal aid. 

Any authority exercising the powers and duties prescribed in this chapter may make application for, receive, 

administer, and expend any federal aid, under federal legislation from any agency of the federal government, for the 

prevention and control of air pollution or the development and administration of programs related to air pollution 

control and prevention, as permitted by RCW 70.94.141(12): PROVIDED, That any such application shall be 

submitted to and approved by the department. The department shall adopt rules and regulations establishing 

standards for such approval and shall approve any such application, if it is consistent with this chapter, and any other 

applicable requirements of law. 

[1987 c 109 § 36; 1969 ex.s. c 168 § 18; 1967 c 238 § 27.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.151 

Classification of air contaminant sources — Registration — Fee — Registration 

program defined — Adoption of rules requiring persons to report emissions of 

greenhouse gases. 

(1) The board of any activated authority or the department, may classify air contaminant sources, by ordinance, 

resolution, rule or regulation, which in its judgment may cause or contribute to air pollution, according to levels and 

types of emissions and other characteristics which cause or contribute to air pollution, and may require registration or 

reporting or both for any such class or classes. Classifications made pursuant to this section may be for application to 

the area of jurisdiction of such authority, or the state as a whole or to any designated area within the jurisdiction, and 

shall be made with special reference to effects on health, economic and social factors, and physical effects on 
property. 

 (2) Except as provided in subsection (3) of this section, any person operating or responsible for the operation of air 

contaminant sources of any class for which the ordinances, resolutions, rules or regulations of the department or 

board of the authority, require registration or reporting shall register therewith and make reports containing 

information as may be required by such department or board concerning location, size and height of contaminant 

outlets, processes employed, nature of the contaminant emission and such other information as is relevant to air 

pollution and available or reasonably capable of being assembled. In the case of emissions of greenhouse gases as 

defined in RCW 70.235.010 the department shall adopt rules requiring reporting of those emissions. The department 

or board may require that such registration or reporting be accompanied by a fee, and may determine the amount of 

such fee for such class or classes: PROVIDED, That the amount of the fee shall only be to compensate for the costs 

of administering such registration or reporting program which shall be defined as initial registration and annual or 

other periodic reports from the source owner providing information directly related to air pollution registration, on-site 

inspections necessary to verify compliance with registration requirements, data storage and retrieval systems 

necessary for support of the registration program, emission inventory reports and emission reduction credits 

computed from information provided by sources pursuant to registration program requirements, staff review, including 

engineering or other reliable analysis for accuracy and currentness, of information provided by sources pursuant to 

registration program requirements, clerical and other office support provided in direct furtherance of the registration 

program, and administrative support provided in directly carrying out the registration program: PROVIDED 

FURTHER, That any such registration made with either the board or the department shall preclude a further 

registration and reporting with any other board or the department, except that emissions of greenhouse gases as 

defined in RCW 70.235.010 must be reported as required under subsection (5) of this section. 

 All registration program and reporting fees collected by the department shall be deposited in the air pollution 

control account. All registration program fees collected by the local air authorities shall be deposited in their 

respective treasuries. 

 (3) If a registration or report has been filed for a grain warehouse or grain elevator as required under this section, 

registration, reporting, or a registration program fee shall not, after January 1, 1997, again be required under this 

section for the warehouse or elevator unless the capacity of the warehouse or elevator as listed as part of the license 

issued for the facility has been increased since the date the registration or reporting was last made. If the capacity of 

the warehouse or elevator listed as part of the license is increased, any registration or reporting required for the 

warehouse or elevator under this section must be made by the date the warehouse or elevator receives grain from 

the first harvest season that occurs after the increase in its capacity is listed in the license. 

 This subsection does not apply to a grain warehouse or grain elevator if the warehouse or elevator handles more 

than ten million bushels of grain annually. 

 (4) For the purposes of subsection (3) of this section: 

 (a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial classification (SIC) 

code 5153 for wholesale trade for which a license is required and includes, but is not limited to, such a licensed 

facility that also conducts cleaning operations for grain; 

 (b) A "license" is a license issued by the department of agriculture licensing a facility as a grain warehouse or 

grain elevator under chapter 22.09 RCW or a license issued by the federal government licensing a facility as a grain 

warehouse or grain elevator for purposes similar to those of licensure for the facility under chapter 22.09 RCW; and 

 (c) "Grain" means a grain or a pulse. 

 (5)(a) The department shall adopt rules requiring persons to report emissions of greenhouse gases as defined in 

RCW 70.235.010 where those emissions from a single facility, source, or site, or from fossil fuels sold in Washington 

by a single supplier meet or exceed ten thousand metric tons of carbon dioxide equivalent annually. The department 

may phase in the requirement to report greenhouse gas emissions until the reporting threshold in this subsection is 

met, which must occur by January 1, 2012. In addition, the rules must require that: 

 (i) Emissions of greenhouse gases resulting from the combustion of fossil fuels be reported separately from 

emissions of greenhouse gases resulting from the combustion of biomass; 

 (ii) Reporting will start in 2010 for 2009 emissions. Each annual report must include emissions data for the 

preceding calendar year and must be submitted to the department by October 31st of the year in which the report is 

due. However, starting in 2011, a person who is required to report greenhouse gas emissions to the United States 
environmental protection agency under 40 C.F.R. Part 98, as adopted on September 22, 2009, must submit the 

report required under this section to the department concurrent with the submission to the United States 

environmental protection agency. Except as otherwise provided in this section, the data for emissions in Washington 

and any corrections thereto that are reported to the United States environmental protection agency must be the 

emissions data reported to the department; and 

 (iii) Emissions of carbon dioxide associated with the complete combustion or oxidation of liquid motor vehicle fuel, 

special fuel, or aircraft fuel that is sold in Washington where the annual emissions associated with that combustion or 

oxidation equal or exceed ten thousand metric tons be reported to the department. Each person who is required to 

file periodic tax reports of motor vehicle fuel sales under RCW 82.36.031 or special fuel sales under RCW 82.38.150, 

or each distributor of aircraft fuel required to file periodic tax reports under RCW 82.42.040 must report to the 

department the annual emissions of carbon dioxide from the complete combustion or oxidation of the fuels listed in 

those reports as sold in the state of Washington. The department shall not require suppliers to use additional data to 

calculate greenhouse gas emissions other than the data the suppliers report to the department of licensing. The rules 

may allow this information to be aggregated when reported to the department. The department and the department of 

licensing shall enter into an interagency agreement to ensure proprietary and confidential information is protected if 

the departments share reported information. Any proprietary or confidential information exempt from disclosure when 

reported to the department of licensing is exempt from disclosure when shared by the department of licensing with 

the department under this provision. 

 (b)(i) Except as otherwise provided in this subsection, the rules adopted by the department under (a) of this 

subsection must be consistent with the regulations adopted by the United States environmental protection agency in 

40 C.F.R. Part 98 on September 22, 2009. 

 (ii) The department may by rule include additional gases to the definition of "greenhouse gas" in RCW 70.235.010

only if the gas has been designated as a greenhouse gas by the United States congress or by the United States 

environmental protection agency. Prior to including additional gases to the definition of "greenhouse gas" in RCW 

70.235.010, the department shall notify the appropriate committees of the legislature. Decisions to amend the rule to 

include additional gases must be made prior to December 1st of any year and the amended rule may not take effect 

before the end of the regular legislative session in the next year. 

 (iii) The department may by rule exempt persons who are required to report greenhouse gas emissions to the 

United States environmental protection agency and who emit less than ten thousand metric tons carbon dioxide 

equivalent annually. 

 (iv) The department must establish a methodology for persons who are not required to report under this section to 

voluntarily report their greenhouse gas emissions. 

 (c) The department shall review and if necessary update its rules whenever the United States environmental 

protection agency adopts final amendments to 40 C.F.R. Part 98 to ensure consistency with federal reporting 

requirements for emissions of greenhouse gases. However, the department shall not amend its rules in a manner that 

conflicts with (a) of this subsection. 

 (d) The department shall share any reporting information reported to it with the local air authority in which the 

person reporting under the rules adopted by the department operates. 

 (e) The fee provisions in subsection (2) of this section apply to reporting of emissions of greenhouse gases. 

Persons required to report under (a) of this subsection who fail to report or pay the fee required in subsection (2) of 

this section are subject to enforcement penalties under this chapter. The department shall enforce the reporting rule 

requirements unless it approves a local air authority's request to enforce the requirements for persons operating 

within the authority's jurisdiction. However, neither the department nor a local air authority approved under this 

section are authorized to assess enforcement penalties on persons required to report under (a) of this subsection 

until six months after the department adopts its reporting rule in 2010. 

 (f) The energy facility site evaluation council shall, simultaneously with the department, adopt rules that impose 

greenhouse gas reporting requirements in site certifications on owners or operators of a facility permitted by the 

energy facility site evaluation council. The greenhouse gas reporting requirements imposed by the energy facility site 

evaluation council must be the same as the greenhouse gas reporting requirements imposed by the department. The 

department shall share any information reported to it from facilities permitted by the energy facility site evaluation 

council with the council, including notice of a facility that has failed to report as required. The energy facility site 

evaluation council shall contract with the department to monitor the reporting requirements adopted under this 

section. 
 (g) The inclusion or failure to include any person, source, classes of persons or sources, or types of emissions of 

greenhouse gases into the department's rules for reporting under this section does not indicate whether such a 

person, source, or category is appropriate for inclusion in state, regional, or national greenhouse gas reduction 

programs or strategies. Furthermore, aircraft fuel purchased in the state may not be considered equivalent to aircraft 

fuel combusted in the state. 

 (h)(i) The definitions in RCW 70.235.010 apply throughout this subsection (5) unless the context clearly requires 

otherwise. 

 (ii) For the purpose of this subsection (5), the term "supplier" includes: (A) A motor vehicle fuel supplier or a motor 

vehicle fuel importer, as those terms are defined in RCW 82.36.010; (B) a special fuel supplier or a special fuel 

importer, as those terms are defined in RCW 82.38.020; and (C) a distributor of aircraft fuel, as those terms are 

defined in RCW 82.42.010. 

 (iii) For the purpose of this subsection (5), the term "person" includes: (A) An owner or operator, as those terms 

are defined by the United States environmental protection agency in its mandatory greenhouse gas reporting 

regulation in 40 C.F.R. Part 98, as adopted on September 22, 2009; and (B) a supplier. 

[2010 c 146 § 2; 2008 c 14 § 5; 2005 c 138 § 1; 1997 c 410 § 1; 1993 c 252 § 3; 1987 c 109 § 37; 1984 c 88 § 2; 1969 ex.s. c 168 § 19; 1967 

c 238 § 28.] 

Notes:

 Findings -- Intent -- Scope of chapter 14, Laws of 2008 -- Severability -- 2008 c 

14: See RCW 70.235.005, 70.235.900, and 70.235.901. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.152 

Notice may be required of construction of proposed new contaminant source — 

Submission of plans — Approval, disapproval — Emission control — "De minimis 

new sources" defined. 

(1) The department of ecology or board of any authority may require notice of the establishment of any proposed new 

sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under 

subsection (11) of this section. The department of ecology or board may require such notice to be accompanied by a 

fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of 

reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, 

That any such notice given or notice of construction application submitted to either the board or to the department of 

ecology shall preclude a further submittal of a duplicate application to any board or to the department of ecology. 

 (2) The department shall, after opportunity for public review and comment, adopt rules that establish a workloaddriven process for determination and review of the fee covering the direct and indirect costs of processing a notice of 

construction application and a methodology for tracking revenues and expenditures. All new source fees collected by 

the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective 

treasuries. All new source fees collected by the department from sources shall be deposited in the air pollution control 

account. 

 (3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may 

require, as a condition precedent to the establishment of the new source or sources covered thereby, the submission 

of plans, specifications, and such other information as it deems necessary to determine whether the proposed new 

source will be in accord with applicable rules and regulations in force under this chapter. If on the basis of plans, 

specifications, or other information required under this section the department of ecology or board determines that the 

proposed new source will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and 
regulations adopted under this chapter, it shall issue an order denying permission to establish the new source. If on 

the basis of plans, specifications, or other information required under this section, the department of ecology or board 

determines that the proposed new source will be in accord with this chapter, and the applicable rules and regulations 

adopted under this chapter, it shall issue an order of approval for the establishment of the new source or sources, 

which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance with 

this chapter and the applicable rules and regulations adopted under this chapter. Every order of approval under this 

chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional 

engineer in the employ of the department of ecology or board. 

 (4) The determination required under subsection (3) of this section shall include a determination of whether the 

operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be 

exceeded. 

 (5) New source review of a modification shall be limited to the emission unit or units proposed to be modified and 

the air contaminants whose emissions would increase as a result of the modification. 

 (6) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of 

emission control equipment or other equipment, machinery, or devices of any particular type, from any particular 

supplier, or produced by any particular manufacturer. 

 (7) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other 

information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good 

working order. 

 (8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this 

section shall not relieve any person from his or her obligation to comply with applicable emission control requirements 

or with any other provision of law. 

 (9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall 

either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional 

information necessary to complete the application. Within sixty days of receipt of a complete application the 

department or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public 

notice, initiate notice and comment on a proposed decision, followed as promptly as possible by a final decision. A 

person seeking approval to construct or modify a source that requires an operating permit may elect to integrate 

review of the operating permit application or amendment required by RCW 70.94.161 and the notice of construction 

application required by this section. A notice of construction application designated for integrated review shall be 

processed in accordance with operating permit program procedures and deadlines. 

 (10) A notice of construction approval required under subsection (3) of this section shall include a determination 

that the new source will achieve best available control technology. If more stringent controls are required under 

federal law, the notice of construction shall include a determination that the new source will achieve the more 

stringent federal requirements. Nothing in this subsection is intended to diminish other state authorities under this 

chapter. 

 (11) No person is required to submit a notice of construction or receive approval for a new source that is deemed 

by the department of ecology or board to have de minimis impact on air quality. The department of ecology shall 

adopt and periodically update rules identifying categories of de minimis new sources. The department of ecology may 

identify de minimis new sources by category, size, or emission thresholds. 

 (12) For purposes of this section, "de minimis new sources" means new sources with trivial levels of emissions 

that do not pose a threat to human health or the environment. 

[1996 c 67 § 1; 1996 c 29 § 1; 1993 c 252 § 4; 1991 c 199 § 302; 1973 1st ex.s. c 193 § 2; 1969 ex.s. c 168 § 20; 1967 c 238 § 29.] 

Notes:

 Reviser's note: This section was amended by 1996 c 29 § 1 and by 1996 c 67 § 1, 

each without reference to the other. Both amendments are incorporated in the 

publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 

1.12.025(1). 
 Finding -- 1991 c 199: See note following RCW 70.94.011. 

Use of emission credits to be consistent with new source review program: RCW 

70.94.850. 

70.94.153 

Existing stationary source — Replacement or substantial alteration of emission 

control technology. 

Any person proposing to replace or substantially alter the emission control technology installed on an existing 

stationary source emission unit shall file a notice of construction application with the jurisdictional permitting authority. 

For projects not otherwise reviewable under RCW 70.94.152, the permitting authority may (1) require that the owner 

or operator employ reasonably available control technology for the affected emission unit and (2) may prescribe 

reasonable operation and maintenance conditions for the control equipment. Within thirty days of receipt of an 

application for notice of construction under this section the permitting authority shall either notify the applicant in 

writing that the application is complete or notify the applicant in writing of all additional information necessary to 

complete the application. Within thirty days of receipt of a complete application the permitting authority shall either 

issue an order of approval or a proposed RACT determination for the proposed project. Construction shall not 

commence on a project subject to review under this section until the permitting authority issues a final order of 

approval. However, any notice of construction application filed under this section shall be deemed to be approved 

without conditions if the permitting authority takes no action within thirty days of receipt of a complete application for a 

notice of construction. 

[1991 c 199 § 303.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.154 

RACT requirements. 

(1) RACT as defined in RCW 70.94.030 is required for existing sources except as otherwise provided in RCW 

70.94.331(9). 

 (2) RACT for each source category containing three or more sources shall be determined by rule except as 

provided in subsection (3) of this section. 

 (3) Source-specific RACT determinations may be performed under any of the following circumstances: 

 (a) As authorized by RCW 70.94.153; 

 (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. 
 (4) By January 1, 1994, ecology shall develop a list of sources and source categories requiring RACT review and 

a schedule for conducting that review. Ecology shall review the list and schedule within six months of receiving the 

initial operating permit applications and at least once every five years thereafter. In developing the list to determine 

the schedule of RACT review, ecology shall consider emission reductions achievable through the use of new 

available technologies and the impacts of those incremental reductions on air quality, the remaining useful life of 

previously installed control equipment, the impact of the source or source category on air quality, the number of years 

since the last BACT, RACT, or LAER determination for that source and other relevant factors. Prior to finalizing the 

list and schedule, ecology shall consult with local air authorities, the regulated community, environmental groups, and 

other interested individuals and organizations. The department and local authorities shall revise RACT requirements, 

as needed, based on the review conducted under this subsection. 

 (5) In determining RACT, ecology and local authorities shall utilize the factors set forth in RCW 70.94.030 and 

shall consider RACT determinations and guidance made by the federal environmental protection agency, other states 

and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, 

ecology and local authorities shall address, where practicable, all air contaminants deemed to be of concern for that 

source or source category. 

 (6) Emission standards and other requirements contained in rules or regulatory orders in effect at the time of 

operating permit issuance or renewal shall be considered RACT for purposes of permit issuance or renewal. RACT 

determinations under subsections (2) and (3) of this section shall be incorporated into operating permits as provided 

in RCW 70.94.161 and rules implementing that section. 

 (7) The department and local air authorities are authorized to assess and collect a fee to cover the costs of 

developing, establishing, or reviewing categorical or case-by-case RACT requirements. The fee shall apply to 

determinations of RACT requirements as defined under this section and RCW 70.94.331(9). 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. The 

department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven 

process for determination and review of the fee covering the direct and indirect costs of its RACT determinations and 

a methodology for tracking revenues and expenditures. All such RACT determination fees collected by the delegated 

local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All such 

RACT fees collected by the department from sources shall be deposited in the air pollution control account. 

[1996 c 29 § 2; 1993 c 252 § 8.] 

70.94.155 

Control of emissions — Bubble concept — Schedules of compliance. 

(1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits 

aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a 

specified emissions-generating facility or facilities. Individual point source emissions levels from such specified facility 

or facilities may be modified provided that the aggregate limit for the specified sources is not exceeded. 

 (2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is 

adopted which provides for compliance with such standards or requirements no later than a specified time after the 

date of adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the 

department of ecology shall, by permit or regulatory order, issue to air contaminant sources subject to the standards 

or requirements, schedules of compliance setting forth timetables for the achievement of compliance as expeditiously 

as practicable, but in no case later than the time specified in the regulation. Interim dates in such schedules for the 

completion of steps of progress toward compliance shall be as enforceable as the final date for full compliance 

therein. 

 (3) Wherever requirements necessary for the attainment of air quality standards or, where such standards are not 

exceeded, for the maintenance of air quality can be achieved through the use of a control program involving the 

bubble concept, such program may be authorized by a regulatory order or orders or permit issued to the air 

contaminant source or sources involved. Such order or permit shall only be authorized after the control program 
involving the bubble concept is accepted by [the] United States environmental protection agency as part of an 

approved state implementation plan. Any such order or permit provision shall restrict total emissions within the bubble 

to no more than would otherwise be allowed in the aggregate for all emitting processes covered. The orders or 

permits provided for by this subsection shall be issued by the department or the authority with jurisdiction. If the 

bubble involves interjurisdictional approval, concurrence in the total program must be secured from each regulatory 

entity concerned. 

[1991 c 199 § 305; 1981 c 224 § 1; 1973 1st ex.s. c 193 § 3.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

Use of emission credits to be consistent with bubble program: RCW 70.94.850. 

70.94.157 

Preemption of uniform building and fire codes. 

The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform 

building code and article 80 of the uniform fire code by other state agencies and local governments for the purposes 

of controlling outdoor air pollution from industrial and commercial sources, except where authorized by chapter 199, 

Laws of 1991. Actions by other state agencies and local governments under article 80 of the uniform fire code to take 

immediate action in response to an emission that presents a physical hazard or imminent health hazard are not 

preempted. 

[1991 c 199 § 315.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.161 

Operating permits for air contaminant sources — Generally — Fees, report to 

legislature. 

The department of ecology, or board of an authority, shall require renewable permits for the operation of air 

contaminant sources subject to the following conditions and limitations: 

 (1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the 

request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to 

subsection (2) of this section shall include rules for permit amendments and modifications. The terms and conditions 

of a permit shall remain in effect after the permit itself expires if the permittee submits a timely and complete 

application for permit renewal. 

 (2)(a) Rules establishing the elements for a statewide operating permit program and the process for permit 

application and renewal consistent with federal requirements shall be established by the department by January 1, 

1993. The rules shall provide that every proposed permit must be reviewed prior to issuance by a professional 

engineer or staff under the direct supervision of a professional engineer in the employ of the permitting authority. The 

permit program established by these rules shall be administered by the department and delegated local air 

authorities. Rules developed under this subsection shall not preclude a delegated local air authority from including in 

a permit its own more stringent emission standards and operating restrictions. 
 (b) The board of any local air pollution control authority may apply to the department of ecology for a delegation 

order authorizing the local authority to administer the operating permit program for sources under that authority's 

jurisdiction. The department shall, by order, approve such delegation, if the department finds that the local authority 

has the technical and financial resources, to discharge the responsibilities of a permitting authority under the federal 

clean air act. A delegation request shall include adequate information about the local authority's resources to enable 

the department to make the findings required by this subsection. However, any delegation order issued under this 

subsection shall take effect ninety days after the environmental protection agency authorizes the local authority to 

issue operating permits under the federal clean air act. 

 (c) Except for the authority granted the energy facility site evaluation council to issue permits for the new 

construction, reconstruction, or enlargement or operation of new energy facilities under chapter 80.50 RCW, the 

department may exercise the authority, as delegated by the environmental protection agency, to administer Title IV of 

the federal clean air act as amended and to delegate such administration to local authorities as applicable pursuant to 

(b) of this subsection. 

 (3) In establishing technical standards, defined in RCW 70.94.030, the permitting authority shall consider and, if 

found to be appropriate, give credit for waste reduction within the process. 

 (4) Operating permits shall apply to all sources (a) where required by the federal clean air act, and (b) for any 

source that may cause or contribute to air pollution in such quantity as to create a threat to the public health or 

welfare. Subsection (b) of this subsection is not intended to apply to small businesses except when both of the 

following limitations are satisfied: (i) The source is in an area exceeding or threatening to exceed federal or state air 

quality standards; and (ii) the department provides a reasonable justification that requiring a source to have a permit 

is necessary to meet a federal or state air quality standard, or to prevent exceeding a standard in an area threatening 

to exceed the standard. For purposes of this subsection "areas threatening to exceed air quality standards" shall 

mean areas projected by the department to exceed such standards within five years. Prior to identifying threatened 

areas the department shall hold a public hearing or hearings within the proposed areas. 

 (5) Sources operated by government agencies are not exempt under this section. 

 (6) Within one hundred eighty days after the United States environmental protection agency approves the state 

operating permit program, a person required to have a permit shall submit to the permitting authority a compliance 

plan and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until 

permits are issued, existing sources shall be allowed to operate under presently applicable standards and conditions 

provided that such sources submit complete and timely permit applications. 

 (7) All draft permits shall be subject to public notice and comment. The rules adopted pursuant to subsection (2) of 

this section shall specify procedures for public notice and comment. Such procedures shall provide the permitting 

agency with an opportunity to respond to comments received from interested parties prior to the time that the 

proposed permit is submitted to the environmental protection agency for review pursuant to section 505(a) of the 

federal clean air act. In the event that the environmental protection agency objects to a proposed permit pursuant to 

section 505(b) of the federal clean air act, the permitting authority shall not issue the permit, unless the permittee 

consents to the changes required by the environmental protection agency. 

 (8) The procedures contained in chapter 43.21B RCW shall apply to permit appeals. The pollution control hearings 

board may stay the effectiveness of any permit issued under this section during the pendency of an appeal filed by 

the permittee, if the permittee demonstrates that compliance with the permit during the pendency of the appeal would 

require significant expenditures that would not be necessary in the event that the permittee prevailed on the merits of 

the appeal. 

 (9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any 

person to: (a) Operate a permitted source in violation of any requirement of a permit issued under this section; or (b) 

fail to submit a permit application at the time required by rules adopted under subsection (2) of this section. 

 (10) Each air operating permit shall state the origin of and specific legal authority for each requirement included 

therein. Every requirement in an operating permit shall be based upon the most stringent of the following 

requirements: 

 (a) The federal clean air act and rules implementing that act, including provision of the approved state 

implementation plan; 

 (b) This chapter and rules adopted thereunder; 
 (c) In permits issued by a local air pollution control authority, the requirements of any order or regulation adopted 

by that authority; 

 (d) Chapter 70.98 RCW and rules adopted thereunder; and 

 (e) Chapter 80.50 RCW and rules adopted thereunder. 

 (11) Consistent with the provisions of the federal clean air act, the permitting authority may issue general permits 

covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at 

multiple temporary locations. 

 (12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit 

program shall file their permit applications with that authority, except that permit applications for sources regulated on 

a statewide basis pursuant to RCW 70.94.395 shall be filed with the department. Permit program sources outside the 

territorial jurisdiction of a delegated authority shall file their applications with the department. Permit program sources 

subject to chapter 80.50 RCW shall, irrespective of their location, file their applications with the energy facility site 

evaluation council. 

 (13) When issuing operating permits to coal-fired electric generating plants, the permitting authority shall establish 

requirements consistent with Title IV of the federal clean air act. 

 (14)(a) The department and the local air authorities are authorized to assess and to collect, and each source 

emitting one hundred tons or more per year of a regulated pollutant shall pay an interim assessment to fund the 

development of the operating permit program during fiscal year 1994. 

 (b) The department shall conduct a workload analysis and prepare an operating permit program development 

budget for fiscal year 1994. The department shall allocate among all sources emitting one hundred tons or more per 

year of a regulated pollutant during calendar year 1992 the costs identified in its program development budget 

according to a three-tiered model, with each of the three tiers being equally weighted, based upon: 

 (i) The number of sources; 

 (ii) The complexity of sources; and 

 (iii) The size of sources, as measured by the quantity of each regulated pollutant emitted by the source. 

 (c) Each local authority and the department shall collect from sources under their respective jurisdictions the 

interim fee determined by the department and shall remit the fee to the department. 

 (d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs 

among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during 

calendar year 1992 and may collect an interim fee from these sources. A fee assessed pursuant to this subsection 

(14)(d) shall be collected at the same time as the fee assessed pursuant to (c) of this subsection. 

 (e) The fees assessed to a source under this subsection shall be limited to the first seven thousand five hundred 

tons for each regulated pollutant per year. 

 (15)(a) The department shall determine the persons liable for the fee imposed by subsection (14) of this section, 

compute the fee, and provide by November 1, 1993, the identity of the fee payer with the computation of the fee to 

each local authority and to the department of revenue for collection. The department of revenue shall collect the fee 

computed by the department from the fee payers under the jurisdiction of the department. The administrative, 

collection, and penalty provisions of chapter 82.32 RCW shall apply to the collection of the fee by the department of 

revenue. The department shall provide technical assistance to the department of revenue for decisions made by the 

department of revenue pursuant to RCW 82.32.160 and 82.32.170. All interim fees collected by the department of 

revenue on behalf of the department and all interim fees collected by local authorities on behalf of the department 

shall be deposited in the air operating permit account. The interim fees collected by the local air authorities to cover 

their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated 

accounts of their respective treasuries. 

 (b) All fees identified in this section shall be due and payable on March 1, 1994, except that the local air pollution 

control authorities may adopt by rule an earlier date on which fees are to be due and payable. The section 5, chapter 
252, Laws of 1993 amendments to RCW 70.94.161 do not have the effect of terminating, or in any way modifying, 

any liability, civil or criminal, incurred pursuant to the provisions of RCW 70.94.161 (15) and (17) as they existed prior 

to July 25, 1993. 

 (16) For sources or source categories not required to obtain permits under subsection (4) of this section, the 

department or local authority may establish by rule control technology requirements. If control technology rule 

revisions are made by the department or local authority under this subsection, the department or local authority shall 

consider the remaining useful life of control equipment previously installed on existing sources before requiring 

technology changes. The department or any local air authority may issue a general permit, as authorized under the 

federal clean air act, for such sources. 

 (17) Emissions of greenhouse gases as defined in RCW 70.235.010 must be reported as required by RCW 

70.94.151. The reporting provisions of RCW 70.94.151 shall not apply to any other emissions from any permit 

program source after the effective date of United States environmental protection agency approval of the state 

operating permit program. 

[2008 c 14 § 6; 1993 c 252 § 5; 1991 c 199 § 301.] 

Notes:

 Findings -- Intent -- Scope of chapter 14, Laws of 2008 -- Severability -- 2008 c 

14: See RCW 70.235.005, 70.235.900, and 70.235.901. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

Air operating permit account: RCW 70.94.015. 

70.94.162 

Annual fees from operating permit program source to cover cost of program. 

(1) The department and delegated local air authorities are authorized to determine, assess, and collect, and each 

permit program source shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state 

operating permit program approved by the United States environmental protection agency under the federal clean air 

act. However, a source that receives its operating permit from the United States environmental protection agency 

shall not be considered a permit program source so long as the environmental protection agency continues to act as 

the permitting authority for that source. Each permitting authority shall develop by rule a fee schedule allocating 

among its permit program sources the costs of the operating permit program, and may, by rule, establish a payment 

schedule whereby periodic installments of the annual fee are due and payable more frequently. All operating permit 

program fees collected by the department shall be deposited in the air operating permit account. All operating permit 

program fees collected by the delegated local air authorities shall be deposited in their respective air operating permit 

accounts or other accounts dedicated exclusively to support of the operating permit program. The fees assessed 

under this subsection shall first be due not less than forty-five days after the United States environmental protection 

agency delegates to the department the authority to administer the operating permit program and then annually 

thereafter. 

 The department shall establish, by rule, procedures for administrative appeals to the department regarding the fee 

assessed pursuant to this subsection. 

 (2) The fee schedule developed by each permitting authority shall fully cover and not exceed both its permit 

administration costs and the permitting authority's share of statewide program development and oversight costs. 

 (a) Permit administration costs are those incurred by each permitting authority, including the department, in 

administering and enforcing the operating permit program with respect to sources under its jurisdiction. Costs 

associated with the following activities are fee eligible as these activities relate to the operating permit program and to 

the sources permitted by a permitting authority, including, where applicable, sources subject to a general permit: 
 (i) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit 

revision, or renewal; 

 (ii) Source inspections, testing, and other data-gathering activities necessary for the development of a permit, 

permit revision, or renewal; 

 (iii) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an 

applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and 

fact sheet, and preparing a final permit, but excluding the costs of developing BACT, LAER, BART, or RACT 

requirements for criteria and toxic air pollutants; 

 (iv) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and 

tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to 

the public regarding operating permits and the permit issuance process; 

 (v) Modeling necessary to establish permit limits or to determine compliance with permit limits; 

 (vi) Reviewing compliance certifications and emissions reports and conducting related compilation and reporting 

activities; 

 (vii) Conducting compliance inspections, complaint investigations, and other activities necessary to ensure that a 

source is complying with permit conditions; 

 (viii) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the 

pollution control hearings board and all costs of judicial enforcement; 

 (ix) The share attributable to permitted sources of the development and maintenance of emissions inventories; 

 (x) The share attributable to permitted sources of ambient air quality monitoring and associated recording and 

reporting activities; 

 (xi) Training for permit administration and enforcement; 

 (xii) Fee determination, assessment, and collection, including the costs of necessary administrative dispute 

resolution and penalty collection; 

 (xiii) Required fiscal audits, periodic performance audits, and reporting activities; 

 (xiv) Tracking of time, revenues and expenditures, and accounting activities; 

 (xv) Administering the permit program including the costs of clerical support, supervision, and management; 

 (xvi) Provision of assistance to small businesses under the jurisdiction of the permitting authority as required under 

section 507 of the federal clean air act; and 

 (xvii) Other activities required by operating permit regulations issued by the United States environmental 

protection agency under the federal clean air act. 

 (b) Development and oversight costs are those incurred by the department in developing and administering the 

state operating permit program, and in overseeing the administration of the program by the delegated local permitting 

authorities. Costs associated with the following activities are fee eligible as these activities relate to the operating 

permit program: 

 (i) Review and determinations necessary for delegation of authority to administer and enforce a permit program to 

a local air authority under RCW 70.94.161(2) and 70.94.860; 

 (ii) Conducting fiscal audits and periodic performance audits of delegated local authorities, and other oversight 

functions required by the operating permit program; 

 (iii) Administrative enforcement actions taken by the department on behalf of a permitting authority, including those 

actions taken by the department under RCW 70.94.785, but excluding the costs of proceedings before the pollution 

control hearings board and all costs of judicial enforcement; 
 (iv) Determination and assessment with respect to each permitting authority of the fees covering its share of the 

costs of development and oversight; 

 (v) Training and assistance for permit program administration and oversight, including training and assistance 

regarding technical, administrative, and data management issues; 

 (vi) Development of generally applicable regulations or guidance regarding the permit program or its 

implementation or enforcement; 

 (vii) State codification of federal rules or standards for inclusion in operating permits; 

 (viii) Preparation of delegation package and other activities associated with submittal of the state permit program 

to the United States environmental protection agency for approval, including ongoing coordination activities; 

 (ix) General administration and coordination of the state permit program, related support activities, and other 

agency indirect costs, including necessary data management and quality assurance; 

 (x) Required fiscal audits and periodic performance audits of the department, and reporting activities; 

 (xi) Tracking of time, revenues and expenditures, and accounting activities; 

 (xii) Public education and outreach related to the operating permit program, including the maintenance of a permit 

register; 

 (xiii) The share attributable to permitted sources of compiling and maintaining emissions inventories; 

 (xiv) The share attributable to permitted sources of ambient air quality monitoring, related technical support, and 

associated recording activities; 

 (xv) The share attributable to permitted sources of modeling activities; 

 (xvi) Provision of assistance to small business as required under section 507 of the federal clean air act as it exists 

on July 25, 1993, or its later enactment as adopted by reference by the director by rule; 

 (xvii) Provision of services by the department of revenue and the office of the state attorney general and other 

state agencies in support of permit program administration; 

 (xviii) A one-time revision to the state implementation plan to make those administrative changes necessary to 

ensure coordination of the state implementation plan and the operating permit program; and 

 (xix) Other activities required by operating permit regulations issued by the United States environmental protection 

agency under the federal clean air act. 

 (3) The responsibility for operating permit fee determination, assessment, and collection is to be shared by the 

department and delegated local air authorities as follows: 

 (a) Each permitting authority, including the department, acting in its capacity as a permitting authority, shall 

develop a fee schedule and mechanism for collecting fees from the permit program sources under its jurisdiction; the 

fees collected by each authority shall be sufficient to cover its costs of permit administration and its share of the 

department's costs of development and oversight. Each delegated local authority shall remit to the department its 

share of the department's development and oversight costs. 

 (b) Only those local air authorities to whom the department has delegated the authority to administer the program 

pursuant to RCW 70.94.161(2) (b) and (c) and 70.94.860 shall have the authority to administer and collect operating 

permit fees. The department shall retain the authority to administer and collect such fees with respect to the sources 

within the jurisdiction of a local air authority until the effective date of program delegation to that air authority. 

 (c) The department shall allocate its development and oversight costs among all permitting authorities, including 

the department, in proportion to the number of permit program sources under the jurisdiction of each authority, except 

that extraordinary costs or other costs readily attributable to a specific permitting authority may be assessed that 

authority. For purposes of this subsection, all sources covered by a single general permit shall be treated as one 
source. 

 (4) The department and each delegated local air authority shall adopt by rule a general permit fee schedule for 

sources under their respective jurisdictions after such time as the department adopts provisions for general permit 

issuance. Within ninety days of the time that the department adopts a general permit fee schedule, the department 

shall report to the relevant standing committees of the legislature regarding the general permit fee schedules adopted 

by the department and by the delegated local air authorities. The permit administration costs of each general permit 

shall be allocated equitably among only those sources subject to that general permit. The share of development and 

oversight costs attributable to each general permit shall be determined pursuant to subsection (3)(c) of this section. 

 (5) The fee schedule developed by the department shall allocate among the sources for whom the department 

acts as a permitting authority, other than sources subject to a general permit, those portions of the department's 

permit administration costs and the department's share of the development and oversight costs which the department 

does not plan to recover under its general permit fee schedule or schedules as follows: 

 (a) The department shall allocate its permit administration costs and its share of the development and oversight 

costs not recovered through general permit fees according to a three-tiered model based upon: 

 (i) The number of permit program sources under its jurisdiction; 

 (ii) The complexity of permit program sources under its jurisdiction; and 

 (iii) The size of permit program sources under its jurisdiction, as measured by the quantity of each regulated 

pollutant emitted by the source. 

 (b) Each of the three tiers shall be equally weighted. 

 (c) The department may, in addition, allocate activities-based costs readily attributable to a specific source to that 

source under RCW 70.94.152(1) and 70.94.154(7). 

 The quantity of each regulated pollutant emitted by a source shall be determined based on the annual emissions 

during the most recent calendar year for which data is available. 

 (6) The department shall, after opportunity for public review and comment, adopt rules that establish a process for 

development and review of its operating permit program fee schedule, a methodology for tracking program revenues 

and expenditures and, for both the department and the delegated local air authorities, a system of fiscal audits, 

reports, and periodic performance audits. 

 (a) The fee schedule development and review process shall include the following: 

 (i) The department shall conduct a biennial workload analysis. The department shall provide the opportunity for 

public review of and comment on the workload analysis. The department shall review and update its workload 

analysis during each biennial budget cycle, taking into account information gathered by tracking previous revenues, 

time, and expenditures and other information obtained through fiscal audits and performance audits. 

 (ii) The department shall prepare a biennial budget based upon the resource requirements identified in the 

workload analysis for that biennium. In preparing the budget, the department shall take into account the projected 

operating permit account balance at the start of the biennium. The department shall provide the opportunity for public 

review of and comment on the proposed budget. The department shall review and update its budget each biennium. 

 (iii) The department shall develop a fee schedule allocating the department's permit administration costs and its 

share of the development and oversight costs among the department's permit program sources using the 

methodology described in subsection (5) of this section. The department shall provide the opportunity for public 

review of and comment on the allocation methodology and fee schedule. The department shall provide procedures 

for administrative resolution of disputes regarding the source data on which allocation determinations are based; 

these procedures shall be designed such that resolution occurs prior to the completion of the allocation process. The 

department shall review and update its fee schedule annually. 

 (b) The methodology for tracking revenues and expenditures shall include the following: 

 (i) The department shall develop a system for tracking revenues and expenditures that provides the maximum 

practicable information. At a minimum, revenues from fees collected under the operating permit program shall be 
tracked on a source-specific basis and time and expenditures required to administer the program shall be tracked on 

the basis of source categories and functional categories. Each general permit will be treated as a separate source 

category for tracking and accounting purposes. 

 (ii) The department shall use the information obtained from tracking revenues, time, and expenditures to modify 

the workload analysis required in subsection (6)(a) of this section. 

 (iii) The information obtained from tracking revenues, time, and expenditures shall not provide a basis for 

challenge to the amount of an individual source's fee. 

 (c) The system of fiscal audits, reports, and periodic performance audits shall include the following: 

 (i) The department and the delegated local air authorities shall prepare annual reports and shall submit the reports 

to, respectively, the appropriate standing committees of the legislature and the board of directors of the local air 

authority. 

 (ii) The department shall arrange for fiscal audits and routine performance audits and for periodic intensive 

performance audits of each permitting authority and of the department. 

 (7) Each local air authority requesting delegation shall, after opportunity for public review and comment, publish 

regulations which establish a process for development and review of its operating permit program fee schedule, and 

a methodology for tracking its revenues and expenditures. These regulations shall be submitted to the department for 

review and approval as part of the local authority's delegation request. 

 (8) As used in this section and in RCW 70.94.161(14), "regulated pollutant" shall have the same meaning as 

defined in section 502(b) of the federal clean air act as it exists on July 25, 1993, or its later enactment as adopted by 

reference by the director by rule. 

 (9) Fee structures as authorized under this section shall remain in effect until such time as the legislature 

authorizes an alternative structure following receipt of the report required by this subsection. 

[1998 c 245 § 129; 1993 c 252 § 6.] 

70.94.163 

Source categories not required to have a permit — Recommendations. 

The department shall prepare recommendations to reduce air emissions for source categories not generally required 

to have a permit under RCW 70.94.161. Such recommendations shall not require any action by the owner or operator 

of a source and shall be consistent with rules adopted under chapter 70.95C RCW. The recommendations shall 

include but not be limited to: Process changes, product substitution, equipment modifications, hazardous substance 

use reduction, recycling, and energy efficiency. 

[1991 c 199 § 304.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.165 

Gasoline recovery devices — Limitation on requiring. 

(1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service 

station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following 
circumstances: 

 (a) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county, any 

part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407; or 

 (b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county 

where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology 

that includes gasoline vapor recovery devices as a control strategy; or 

 (c) From March 30, 1996, until December 31, 1998, in any facility that sells in excess of one million two hundred 

thousand gallons of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an 

ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any 

county where violations of federal ozone standards have been measured, and includes: Cowlitz, Island, Kitsap, 

Lewis, Skagit, Thurston, Wahkiakum, and Whatcom counties; or 

 (d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand gallons of gasoline 

per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal 

clean air act, 42 U.S.C. Sec. 7407, provided that the department of ecology determines by December 31, 1997, that 

the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in 

any other county. 

 (2) This section does not preclude the department of ecology or any local air pollution authority from requiring a 

gasoline vapor recovery device that captures vapors during vehicle refueling as part of the regulation of sources as 

provided in RCW 70.94.152, 70.94.331, or 70.94.141 or where required under 42 U.S.C. Sec. 7412. 

[1996 c 294 § 1.] 

Notes:

 Effective date -- 1996 c 294: "This act is necessary for the immediate preservation 

of the public peace, health, or safety, or support of the state government and its existing 

public institutions, and shall take effect immediately [March 30, 1996]." [1996 c 294 § 2.] 

70.94.170 

Air pollution control authority control officer. 

Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided herein 

for the control and prevention of air pollution shall appoint a full time control officer, whose sole responsibility shall be 

to observe and enforce the provisions of this chapter and all orders, ordinances, resolutions, or rules and regulations 

of such activated authority pertaining to the control and prevention of air pollution. 

[1991 c 199 § 707; 1969 ex.s. c 168 § 21; 1967 c 238 § 30; 1957 c 232 § 17.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.181 

Variances — Application for — Considerations — Limitations — Renewals — 

Review. 
(1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may 

apply to the department of ecology or appropriate local authority board for a variance from rules or regulations 

governing the quality, nature, duration or extent of discharges of air contaminants. The application shall be 

accompanied by such information and data as the department of ecology or board may require. The department of 

ecology or board may grant such variance, provided that variances to state rules shall require the department's 

approval prior to being issued by a local authority board. The total time period for a variance and renewal of such 

variance shall not exceed one year. Variances may be issued by either the department or a local board but only after 

public hearing or due notice, if the department or board finds that: 

 (a) The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and 

 (b) Compliance with the rules or regulations from which variance is sought would produce serious hardship without 

equal or greater benefits to the public. 

 (2) No variance shall be granted pursuant to this section until the department of ecology or board has considered 

the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general 

public. 

 (3) Any variance or renewal thereof shall be granted within the requirements of subsection (1) of this section and 

under conditions consistent with the reasons therefor, and within the following limitations: 

 (a) If the variance is granted on the ground that there is no practicable means known or available for the adequate 

prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, 

abatement or control become known and available, and subject to the taking of any substitute or alternate measures 

that the department of ecology or board may prescribe. 

 (b) If the variance is granted on the ground that compliance with the particular requirement or requirements from 

which variance is sought will require the taking of measures which, because of their extent or cost, must be spread 

over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the 

department of ecology or board is requisite for the taking of the necessary measures. A variance granted on the 

ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be 

conditioned on adherence to such timetable. 

 (c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that

provided for in (a) and (b) of this subsection, it shall be for not more than one year. 

 (4) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which 

would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on 

account of the variance, no renewal thereof shall be granted unless following a public hearing on the complaint on 

due notice the department or board finds that renewal is justified. No renewal shall be granted except on application 

therefor. Any such application shall be made at least sixty days prior to the expiration of the variance. Immediately 

upon receipt of an application for renewal, the department of ecology or board shall give public notice of such 

application in accordance with rules of the department of ecology or board. 

 (5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the 

discretion of the department of ecology or board. However, any applicant adversely affected by the denial or the 

terms and conditions of the granting of an application for a variance or renewal of a variance by the department of 

ecology or board may obtain judicial review thereof under the provisions of chapter 34.05 RCW as now or hereafter 

amended. 

 (6) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or 

limit the application of the emergency provisions and procedures of RCW 70.94.710 through 70.94.730 to any person 

or his or her property. 

 (7) An application for a variance, or for the renewal thereof, submitted to the department of ecology or board 

pursuant to this section shall be approved or disapproved by the department or board within sixty-five days of receipt 

unless the applicant and the department of ecology or board agree to a continuance. 

 (8) Variances approved under this section shall not be included in orders or permits provided for in RCW 

70.94.161 or 70.94.152 until such time as the variance has been accepted by the United States environmental 

protection agency as part of an approved state implementation plan. 
[1991 c 199 § 306; 1983 c 3 § 176; 1974 ex.s. c 59 § 1; 1969 ex.s. c 168 § 22; 1967 c 238 § 31.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.200 

Investigation of conditions by control officer or department — Entering private, 

public property. 

For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the 

atmosphere, a control officer, the department, or their duly authorized representatives, shall have the power to enter 

at reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two 

families or less. No person shall refuse entry or access to any control officer, the department, or their duly authorized 

representatives, who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall 

any person obstruct, hamper or interfere with any such inspection. 

[1987 c 109 § 38; 1979 c 141 § 121; 1967 c 238 § 32; 1957 c 232 § 20.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.205 

Confidentiality of records and information. 

Whenever any records or other information, other than ambient air quality data or emission data, furnished to or 

obtained by the department of ecology or the board of any authority under this chapter, relate to processes or 

production unique to the owner or operator, or is likely to affect adversely the competitive position of such owner or 

operator if released to the public or to a competitor, and the owner or operator of such processes or production so 

certifies, such records or information shall be only for the confidential use of the department of ecology or board. 

Nothing herein shall be construed to prevent the use of records or information by the department of ecology or board 

in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere: 

PROVIDED, That such analyses or summaries do not reveal any information otherwise confidential under the 

provisions of this section: PROVIDED FURTHER, That emission data furnished to or obtained by the department of 

ecology or board shall be correlated with applicable emission limitations and other control measures and shall be 

available for public inspection during normal business hours at offices of the department of ecology or board. 

[1991 c 199 § 307; 1973 1st ex.s. c 193 § 4; 1969 ex.s. c 168 § 23; 1967 c 238 § 33.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.211 

Enforcement actions by air authority — Notice to violators. 
At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 or 70.94.431

a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall 

specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute 

a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable 

time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before 

the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the local 

air authority prior to the commencement of enforcement action. 

[1991 c 199 § 309; 1974 ex.s. c 69 § 4; 1970 ex.s. c 62 § 57; 1969 ex.s. c 168 § 24; 1967 c 238 § 34.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Savings -- Effective date -- Severability -- 1970 ex.s. c 62: See notes following 

RCW 43.21A.010. 

70.94.221 

Order final unless appealed to pollution control hearings board. 

Any order issued by the board or by the control officer, shall become final unless such order is appealed to the 

hearings board as provided in chapter 43.21B RCW. 

[1970 ex.s. c 62 § 58; 1969 ex.s. c 168 § 25; 1967 c 238 § 35.] 

Notes:

 Savings -- Effective date -- Severability -- 1970 ex.s. c 62: See notes following 

RCW 43.21A.010. 

70.94.230 

Rules of authority supersede local rules, regulations, etc. — Exceptions. 

The rules and regulations hereafter adopted by an authority under the provisions of this chapter shall supersede the 

existing rules, regulations, resolutions and ordinances of any of the component bodies included within said authority 

in all matters relating to the control and enforcement of air pollution as contemplated by this chapter: PROVIDED, 

HOWEVER, That existing rules, regulations, resolutions and ordinances shall remain in effect until such rules, 

regulations, resolutions and ordinances are superseded as provided in this section: PROVIDED FURTHER, That 

nothing herein shall be construed to supersede any local county, or city ordinance or resolution, or any provision of 

the statutory or common law pertaining to nuisance; nor to affect any aspect of employer-employee relationship 

relating to conditions in a place of work, including without limitation, statutes, rules or regulations governing industrial 

health and safety standards or performance standards incorporated in zoning ordinances or resolutions of the 

component bodies where such standards relating to air pollution control or air quality containing requirements not less 

stringent than those of the authority. 

[1969 ex.s. c 168 § 28; 1967 c 238 § 38; 1957 c 232 § 23.] 
70.94.231 

Air pollution control authority — Dissolution of prior districts — Continuation of 

rules and regulations until superseded. 

Upon the date that an authority begins to exercise its powers and functions, all rules and regulations in force on such 

date shall remain in effect until superseded by the rules and regulations of the authority as provided in RCW 

70.94.230. 

[1991 c 199 § 708; 1969 ex.s. c 168 § 29; 1967 c 238 § 39.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.240 

Air pollution control advisory council. 

The board of any authority may appoint an air pollution control advisory council to advise and consult with such 

board, and the control officer in effectuating the purposes of this chapter. The council shall consist of at least five 

appointed members who are residents of the authority and who are preferably skilled and experienced in the field of 

air pollution control, chemistry, meteorology, public health, or a related field, at least one of whom shall serve as a 

representative of industry and one of whom shall serve as a representative of the environmental community. The 

chair of the board of any such authority shall serve as ex officio member of the council and be its chair. Each member 

of the council shall receive from the authority per diem and travel expenses in an amount not to exceed that provided 

for the state board in this chapter (but not to exceed one thousand dollars per year) for each full day spent in the 

performance of his or her duties under this chapter. 

[1991 c 199 § 709; 1969 ex.s. c 168 § 30; 1967 c 238 § 41; 1957 c 232 § 24.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.260 

Dissolution of authority — Deactivation of authority. 

An air pollution control authority may be deactivated prior to the term provided in the original or subsequent 

agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing 

held upon ten days notice, to said counties, of a resolution for dissolution or deactivation and upon the approval by 

the legislative authority of each county comprising the authority. In such event, the board shall proceed to wind up the 

affairs of the authority and pay all indebtedness thereof. Any surplus of funds shall be paid over to the counties 

comprising the authority in proportion to their last contribution. Upon the completion of the process of closing the 

affairs of the authority, the board shall by resolution entered in its minutes declare the authority deactivated and a 

certified copy of such resolution shall be filed with the secretary of state and the authority shall be deemed inactive. 

[1979 ex.s. c 30 § 12; 1969 ex.s. c 168 § 31; 1967 c 238 § 43; 1957 c 232 § 26.] 
70.94.262 

Withdrawal from multicounty authority. 

(1) Any county that is part of a multicounty authority, pursuant to RCW 70.94.053, may withdraw from the multicounty 

authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate 

air quality authority. A withdrawing county shall: 

 (a) Create its own single county authority; 

 (b) Join another existing multicounty authority with which its boundaries are contiguous; 

 (c) Join with one or more contiguous inactive authorities to operate as a new multicounty authority; or 

 (d) Become an inactive authority and subject to regulation by the department of ecology. 

 (2) In order to withdraw from an existing multicounty authority, a county shall make arrangements, by interlocal 

agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the 

multicounty authority. 

 (3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this 

chapter to create an air pollution control authority shall be met and the actions must be taken at least six months prior 

to the effective date of withdrawal. The rules of the original multicounty authority shall continue in force for the 

withdrawing county until such time as all conditions to create an air pollution control authority have been met. 

 (4) At the effective date of a county's withdrawal, the remaining counties shall reorganize and reconstitute the 

legislative authority pursuant to this chapter. The air pollution control regulations of the existing multicounty authority 

shall remain in force and effect after the reorganization. 

 (5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall 

remain in effect for the withdrawing county until suspended by the adoption of rules, regulations, or ordinances 

adopted under one of the alternatives of subsection (1) of this section. A county shall initiate proceedings to adopt 

such rules, regulations, or ordinances on or before the effective date of the county's withdrawal. 

[1991 c 125 § 2.] 

70.94.331 

Powers and duties of department. 

(1) The department shall have all the powers as provided in RCW 70.94.141. 

 (2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held 

in accordance with chapters 42.30 and 34.05 RCW shall: 

 (a) Adopt rules establishing air quality objectives and air quality standards; 

 (b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An 

authority may enact more stringent emission standards, except for emission performance standards for new 

woodstoves and opacity levels for residential solid fuel burning devices which shall be statewide, but in no event may 

less stringent standards be enacted by an authority without the prior approval of the department after public hearing 

and due notice to interested parties; 

 (c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the 

outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous 

substances, or any combination thereof. Such requirements may be based upon a system of classification by types of 

emissions or types of sources of emissions, or combinations thereof, which it determines most feasible for the 

purposes of this chapter. However, an industry, or the air pollution control authority having jurisdiction, can choose, 
subject to the submittal of appropriate data that the industry has quantified, to have any limit on the opacity of 

emissions from a source whose emission standard is stated in terms of a weight of particulate per unit volume of air 

(e.g., grains per dry standard cubic foot) be based on the applicable particulate emission standard for that source, 

such that any violation of the opacity limit accurately indicates a violation of the applicable particulate emission 

standard. Any alternative opacity limit provided by this section that would result in increasing air contaminants 

emissions in any nonattainment area shall only be granted if equal or greater emission reductions are provided for by 

the same source obtaining the revised opacity limit. A reasonable fee may be assessed to the industry to which the 

alternate opacity standard would apply. The fee shall cover only those costs to the air pollution control authority which 

are directly related to the determination on the acceptability of the alternate opacity standard, including testing, 

oversight and review of data. 

 (3) The air quality standards and emission standards may be for the state as a whole or may vary from area to 

area or source to source, except that emission performance standards for new woodstoves and opacity levels for 

residential solid fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the 

objectives of this chapter and to take necessary or desirable account of varying local conditions of population 

concentration, the existence of actual or reasonably foreseeable air pollution, topographic and meteorologic 

conditions and other pertinent variables. 

 (4) The department is directed to cooperate with the appropriate agencies of the United States or other states or 

any interstate agencies or international agencies with respect to the control of air pollution and air contamination, or 

for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements. 

 (5) The department is directed to conduct or cause to be conducted a continuous surveillance program to monitor 

the quality of the ambient atmosphere as to concentrations and movements of air contaminants and conduct or cause 

to be conducted a program to determine the quantity of emissions to the atmosphere. 

 (6) The department shall enforce the air quality standards and emission standards throughout the state except 

where a local authority is enforcing the state regulations or its own regulations which are more stringent than those of 

the state. 

 (7) The department shall encourage local units of government to handle air pollution problems within their 

respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor. 

 (8) The department shall have the power to require the addition to or deletion of a county or counties from an 

existing authority in order to carry out the purposes of this chapter. No such addition or deletion shall be made without 

the concurrence of any existing authority involved. Such action shall only be taken after a public hearing held 

pursuant to the provisions of chapter 34.05 RCW. 

 (9) The department shall establish rules requiring sources or source categories to apply reasonable and available 

control methods. Such rules shall apply to those sources or source categories that individually or collectively 

contribute the majority of statewide air emissions of each regulated pollutant. The department shall review, and if 

necessary, update its rules every five years to ensure consistency with current reasonable and available control 

methods. The department shall have adopted rules required under this subsection for all sources by July 1, 1996. 

 For the purposes of this section, "reasonable and available control methods" shall include but not be limited to, 

changes in technology, processes, or other control strategies. 

[1991 c 199 § 710; 1988 c 106 § 1. Prior: 1987 c 405 § 13; 1987 c 109 § 39; 1985 c 372 § 4; 1969 ex.s. c 168 § 34; 1967 c 238 § 46.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 
 Severability -- 1985 c 372: See note following RCW 70.98.050. 

70.94.332 

Enforcement actions by department — Notice to violators. 

At least thirty days prior to the commencement of any formal enforcement action under RCW 70.94.430 and 

70.94.431, the department of ecology shall cause written notice to be served upon the alleged violator or violators. 

The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts 

alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a 

reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it 

for the purpose of providing the department information pertaining to the violation or the charges complained of. 

Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the 

commencement of enforcement action. 

[1991 c 199 § 711; 1987 c 109 § 18; 1967 c 238 § 47.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.335 

Hazardous substance remedial actions — Procedural requirements not 

applicable. 

The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility 

pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department 

of ecology when it conducts a remedial action under chapter 70.105D RCW. The department of ecology shall ensure 

compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order 

issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the 

procedures developed by the department pursuant to RCW 70.105D.090. 

[1994 c 257 § 15.] 

Notes:

 Severability -- 1994 c 257: See note following RCW 36.70A.270. 

70.94.350 

Contracts, agreements for use of personnel by department — Reimbursement — 

Merit system regulations waived. 

The department is authorized to contract for or otherwise agree to the use of personnel of municipal corporations or 

other agencies or private persons; and the department is further authorized to reimburse such municipal corporations 

or agencies for the employment of such personnel. Merit system regulations or standards for the employment of 

personnel may be waived for personnel hired under contract as provided for in this section. The department shall 
provide, within available appropriations, for the scientific, technical, legal, administrative, and other necessary 

services and facilities for performing the functions under this chapter. 

[1987 c 109 § 40; 1979 c 141 § 122; 1967 c 238 § 45; 1961 c 188 § 6.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.370 

Powers and rights of governmental units and persons are not limited by act or 

recommendations. 

No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program 

is a limitation: 

 (1) On the power of any city, town or county to declare, prohibit and abate nuisances. 

 (2) On the power of the secretary of social and health services to provide for the protection of the public health 

under any authority presently vested in that office or which may be hereafter prescribed by law. 

 (3) On the power of a state agency in the enforcement, or administration of any provision of law which it is 

specifically permitted or required to enforce or administer. 

 (4) On the right of any person to maintain at any time any appropriate action for relief against any air pollution. 

[1979 c 141 § 123; 1967 c 238 § 59; 1961 c 188 § 8.] 

70.94.380 

Emission control requirements. 

(1) Every activated authority operating an air pollution control program shall have requirements for the control of 

emissions which are no less stringent than those adopted by the department of ecology for the geographic area in 

which such air pollution control program is located. Less stringent requirements than compelled by this section may 

be included in a local or regional air pollution control program only after approval by the department of ecology 

following demonstration to the satisfaction of the department of ecology that the proposed requirements are 

consistent with the purposes of this chapter: PROVIDED, That such approval shall be preceded by public hearing, of 

which notice has been given in accordance with chapter 42.30 RCW. The department of ecology, upon receiving 

evidence that conditions have changed or that additional information is relevant to a decision with respect to the 

requirements for emission control, may, after public hearing on due notice, withdraw any approval previously given to 

a less stringent local or regional requirement. 

 [(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from 

adopting and enforcing more stringent emission control requirements than those adopted by the department of 

ecology and applicable within the jurisdiction of the local or regional air pollution control authority, except that the 

emission performance standards for new woodstoves and the opacity levels for residential solid fuel burning devices 

shall be statewide. 

[1987 c 405 § 14; 1979 ex.s. c 30 § 13; 1969 ex.s. c 168 § 36; 1967 c 238 § 50.] 

Notes:
 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.385 

State financial aid — Application for — Requirements. 

(1) Any authority may apply to the department for state financial aid. The department shall annually establish the 

amount of state funds available for the local authorities taking into consideration available federal and state funds. 

The establishment of funding amounts shall be consistent with federal requirements and local maintenance of effort 

necessary to carry out the provisions of this chapter. Any such aid shall be expended from the general fund or from 

other appropriations as the legislature may provide for this purpose: PROVIDED, That federal funds shall be utilized 

to the maximum unless otherwise approved by the department: PROVIDED FURTHER, That the amount of state 

funds provided to local authorities during the previous year shall not be reduced without a public notice or public 

hearing held by the department if requested by the affected local authority, unless such changes are the direct result 

of a reduction in the available federal funds for air pollution control programs. 

 (2) Before any such application is approved and financial aid is given or approved by the department, the authority 

shall demonstrate to the satisfaction of the department that it is fulfilling the requirements of this chapter. If the 

department has not adopted ambient air quality standards and objectives as permitted by RCW 70.94.331, the 

authority shall demonstrate to the satisfaction of the department that it is acting in good faith and doing all that is 

possible and reasonable to control and prevent air pollution within its jurisdictional boundaries and to carry out the 

purposes of this chapter. 

 (3) The department shall adopt rules requiring the submission of such information by each authority including the 

submission of its proposed budget and a description of its program in support of the application for state financial aid 

as necessary to enable the department to determine the need for state aid. 

[1991 c 199 § 712; 1987 c 109 § 41; 1969 ex.s. c 168 § 37; 1967 c 238 § 51.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.390 

Hearing upon activation of authority — Finding — Assumption of jurisdiction by 

department — Expenses. 

The department may, at any time and on its own motion, hold a hearing to determine if the activation of an authority is 

necessary for the prevention, abatement and control of air pollution which exists or is likely to exist in any area of the 

state. Notice of such hearing shall be conducted in accordance with chapter 42.30 RCW and chapter 34.05 RCW. If 

at such hearing the department finds that air pollution exists or is likely to occur in a particular area, and that the 

purposes of this chapter and the public interest will be best served by the activation of an authority it shall designate 

the boundaries of such area and set forth in a report to the appropriate county or counties recommendations for the 

activation of an authority: PROVIDED, That if at such hearing the department determines that the activation of an 

authority is not practical or feasible for the reason that a local or regional air pollution control program cannot be 

successfully established or operated due to unusual circumstances and conditions, but that the control and/or 

prevention of air pollution is necessary for the purposes of this chapter and the public interest, it may assume 

jurisdiction and so declare by order. Such order shall designate the geographic area in which, and the effective date 

upon which, the department will exercise jurisdiction for the control and/or prevention of air pollution. The department 

shall exercise its powers and duties in the same manner as if it had assumed authority under RCW 70.94.410. 
 All expenses incurred by the department in the control and prevention of air pollution in any county pursuant to the 

provisions of RCW 70.94.390 and 70.94.410 shall constitute a claim against such county. The department shall 

certify the expenses to the auditor of the county, who promptly shall issue his warrant on the county treasurer payable 

out of the current expense fund of the county. In the event that the amount in the current expense fund of the county 

is not adequate to meet the expenses incurred by the department, the department shall certify to the state treasurer 

that they have a prior claim on any money in the "liquor excise tax fund" that is to be apportioned to that county by the 

state treasurer as provided in RCW 82.08.170. In the event that the amount in the "liquor excise tax fund" that is to be 

apportioned to that county by the state treasurer is not adequate to meet the expenses incurred by the department, 

the department shall certify to the state treasurer that they have a prior claim on any excess funds from the liquor 

revolving fund that are to be distributed to that county as provided in RCW 66.08.190 through 66.08.220. All moneys 

that are collected as provided in this section shall be placed in the general fund in the account of the office of air 

programs of the department. 

[1987 c 109 § 42; 1969 ex.s. c 168 § 38; 1967 c 238 § 52.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.395 

Air contaminant sources — Regulation by department; authorities may be more 

stringent — Hearing — Standards. 

If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a 

particular type or class of air contaminant source should be regulated on a statewide basis in the public interest and 

for the protection of the welfare of the citizens of the state, it may adopt and enforce rules to control and/or prevent 

the emission of air contaminants from such source. An authority may, after public hearing and a finding by the board 

of a need for more stringent rules than those adopted by the department under this section, propose the adoption of 

such rules by the department for the control of emissions from the particular type or class of air contaminant source 

within the geographical area of the authority. The department shall hold a public hearing and shall adopt the 

proposed rules within the area of the requesting authority, unless it finds that the proposed rules are inconsistent with 

the rules adopted by the department under this section. When such standards are adopted by the department it shall 

delegate solely to the requesting authority all powers necessary for their enforcement at the request of the authority. 

If after public hearing the department finds that the regulation on a statewide basis of a particular type or class of air 

contaminant source is no longer required for the public interest and the protection of the welfare of the citizens of the 

state, the department may relinquish exclusive jurisdiction over such source. 

[1991 c 199 § 713; 1987 c 109 § 43; 1969 ex.s. c 168 § 39; 1967 c 238 § 53.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.400 

Order activating authority — Filing — Hearing — Amendment of order. 

If, at the end of ninety days after the department issues a report as provided for in RCW 70.94.390, to appropriate 

county or counties recommending the activation of an authority such county or counties have not performed those 
actions recommended by the department, and the department is still of the opinion that the activation of an authority 

is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist, then the 

department may, at its discretion, issue an order activating an authority. Such order, a certified copy of which shall be 

filed with the secretary of state, shall specify the participating county or counties and the effective date by which the 

authority shall begin to function and exercise its powers. Any authority activated by order of the department shall 

choose the members of its board as provided in RCW 70.94.100 and begin to function in the same manner as if it had 

been activated by resolutions of the county or counties included within its boundaries. The department may, upon due 

notice to all interested parties, conduct a hearing in accordance with chapter 42.30 RCW and chapter 34.05 RCW 

within six months after the order was issued to review such order and to ascertain if such order is being carried out in 

good faith. At such time the department may amend any such order issued if it is determined by the department that 

such order is being carried out in bad faith or the department may take the appropriate action as is provided in RCW 

70.94.410. 

[1987 c 109 § 44; 1969 ex.s. c 168 § 40; 1967 c 238 § 54.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.405 

Air pollution control authority — Review by department of program. 

At any time after an authority has been activated for no less than one year, the department may, on its own motion, 

conduct a hearing held in accordance with chapters 42.30 and 34.05 RCW, to determine whether or not the air 

pollution prevention and control program of such authority is being carried out in good faith and is as effective as 

possible. If at such hearing the department finds that such authority is not carrying out its air pollution control or 

prevention program in good faith, is not doing all that is possible and reasonable to control and/or prevent air pollution 

within the geographical area over which it has jurisdiction, or is not carrying out the provisions of this chapter, it shall 

set forth in a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention 

and/or control might be more effectively accomplished; and (2) guidelines which will assist the authority in carrying 

out the recommendations of the department. 

[1991 c 199 § 714; 1987 c 109 § 45; 1969 ex.s. c 168 § 41; 1967 c 238 § 55.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.410 

Air pollution control authority — Assumption of control by department. 

(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70.94.400

and 70.94.405, such authority has not taken action which indicates that it is attempting in good faith to implement the 

recommendations or actions of the department as set forth in the report or order, the department may, by order, 

declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control 

and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make 

and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of 

such authority. If this occurs, the department may assume all those powers which are given to it by law to effectuate 
the purposes of this chapter. The department may, by order, continue in effect and enforce provisions of the 

ordinances, resolutions, or rules of such authority which are not less stringent than those requirements which the 

department may have found applicable to the area under RCW 70.94.331, until such time as the department adopts 

its own rules. Any rules promulgated by the department shall be subject to the provisions of chapter 34.05 RCW. Any 

enforcement actions shall be subject to RCW 43.21B.300 or 43.21B.310. 

 (2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control 

program which meets with the approval of the department and which complies with the purposes of this chapter and 

with applicable rules and orders of the department. 

 (3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an 

authority upon its own motion if the department has found at a hearing held in accordance with chapters 42.30 and 

34.05 RCW, that the air pollution prevention and control program of such authority will be carried out in good faith, 

that such program will do all that is possible and reasonable to control and/or prevent air pollution within the 

geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. 

Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air 

pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in 

carrying out the recommendations of the department. 

[1991 c 199 § 715; 1987 c 109 § 46; 1969 ex.s. c 168 § 42; 1967 c 238 § 56.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.420 

State departments and agencies to cooperate with department and authorities. 

It is declared to be the intent of the legislature of the state of Washington that any state department or agency having 

jurisdiction over any building, installation, other property, or other activity creating or likely to create significant air 

pollution shall cooperate with the department and with air pollution control agencies in preventing and/or controlling 

the pollution of the air in any area insofar as the discharge of air contaminants from or by such building, installation, 

other property, or activity may cause or contribute to pollution of the air in such area. Such state department or 

agency shall comply with the provisions of this chapter and with any ordinance, resolution, rule or regulation issued 

hereunder in the same manner as any other person subject to such laws or rules. 

[1991 c 199 § 716; 1987 c 109 § 47; 1969 ex.s. c 168 § 44; 1967 c 238 § 58.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.422 

Department of health powers regarding radionuclides — Energy facility site 

evaluation council authority over permit program sources. 
(1) The department of health shall have all the enforcement powers as provided in RCW 70.94.332, 70.94.425, 

70.94.430, 70.94.431 (1) through (7), and 70.94.435 with respect to emissions of radionuclides. This section does not 

preclude the department of ecology from exercising its authority under this chapter. 

 (2) Permits for energy facilities subject to chapter 80.50 RCW shall be issued by the energy facility site evaluation 

council. However, the permits become effective only if the governor approves an application for certification and 

executes a certification agreement under chapter 80.50 RCW. The council shall have all powers necessary to 

administer an operating permits program pertaining to such facilities, consistent with applicable air quality standards 

established by the department or local air pollution control authorities, or both, and to obtain the approval of the 

United States environmental protection agency. The council's powers include, but are not limited to, all of the 

enforcement powers provided in RCW 70.94.332, 70.94.425, 70.94.430, 70.94.431 (1) through (7), and 70.94.435

with respect to permit program sources required to obtain certification from the council under chapter 80.50 RCW. To 

the extent not covered under RCW 80.50.071, the council may collect fees as granted to delegated local air 

authorities under RCW 70.94.152, 70.94.161 (14) and (15), 70.94.162, and 70.94.154(7) with respect to permit 

program sources required to obtain certification from the council under chapter 80.50 RCW. The council and the 

department shall each establish procedures that provide maximum coordination and avoid duplication between the 

two agencies in carrying out the requirements of this chapter. 

[1993 c 252 § 7.] 

70.94.425 

Restraining orders — Injunctions. 

Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to 

engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any 

rule, regulation or order issued thereunder, the governing body or board or the department, after notice to such 

person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to 

be occurring or to have occurred for a restraining order or a temporary or permanent injunction or another appropriate 

order. 

[1987 c 109 § 48; 1967 c 238 § 60.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.430 

Penalties. 

(1) Any person who knowingly violates any of the provisions of chapter 70.94 or 70.120 RCW, or any ordinance, 

resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall 

be punished by a fine of not more than ten thousand dollars, or by imprisonment in the county jail for up to three 

hundred sixty-four days, or by both for each separate violation. 

 (2) Any person who negligently releases into the ambient air any substance listed by the department of ecology as 

a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who 

at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a 

gross misdemeanor and shall, upon conviction, be punished by a fine of not more than ten thousand dollars, or by 

imprisonment for up to three hundred sixty-four days, or both. 

 (3) Any person who knowingly releases into the ambient air any substance listed by the department of ecology as 

a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who 
knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily 

harm, is guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than fifty thousand 

dollars, or by imprisonment for not more than five years, or both. 

 (4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70.94.100 is guilty of a 

gross misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars. 

[2011 c 96 § 49; 2003 c 53 § 355; 1991 c 199 § 310; 1984 c 255 § 1; 1973 1st ex.s. c 176 § 1; 1967 c 238 § 61.] 

Notes:

 Findings -- Intent -- 2011 c 96: See note following RCW 9A.20.021. 

 Intent -- Effective date -- 2003 c 53: See notes following RCW 2.48.180. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.431 

Civil penalties — Excusable excess emissions. 

(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, and in addition to or as an alternate to 

any other penalty provided by law, any person who violates any of the provisions of chapter 70.94 RCW, chapter 

70.120 RCW, or any of the rules in force under such chapters may incur a civil penalty in an amount not to exceed 

ten thousand dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in 

case of a continuing violation, each day's continuance shall be a separate and distinct violation. 

 Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a 

civil penalty of not more than ten thousand dollars for each day of continued noncompliance. 

 (2) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the 

penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020 on the date that the penalty 

becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first 

day following final resolution of the appeal. 

 The maximum penalty amounts established in this section may be increased annually to account for inflation as 

determined by the state office of the economic and revenue forecast council. 

 (3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a 

violation under the provisions of this section and subject to the same penalty. The penalties provided in this section 

shall be imposed pursuant to RCW 43.21B.300. 

 (4) All penalties recovered under this section by the department shall be paid into the state treasury and credited 

to the air pollution control account established in RCW 70.94.015 or, if recovered by the authority, shall be paid into 

the treasury of the authority and credited to its funds. If a prior penalty for the same violation has been paid to a local 

authority, the penalty imposed by the department under subsection (1) of this section shall be reduced by the amount 

of the payment. 

 (5) To secure the penalty incurred under this section, the state or the authority shall have a lien on any vessel 

used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050. 

 (6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality 

related activities or not, may have such grants rescinded or withheld by the department for failure to comply with 

provisions of this chapter. 

 (7) In addition to other penalties provided by this chapter, persons knowingly under-reporting emissions or other 

information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late 
with such payments may be subject to a penalty equal to three times the amount of the original fee owed. 

 (8) By January 1, 1992, the department shall develop rules for excusing excess emissions from enforcement 

action if such excess emissions are unavoidable. The rules shall specify the criteria and procedures for the 

department and local air authorities to determine whether a period of excess emissions is excusable in accordance 

with the state implementation plan. 

[1995 c 403 § 630; 1991 c 199 § 311; 1990 c 157 § 1; 1987 c 109 § 19; 1984 c 255 § 2; 1973 1st ex.s. c 176 § 2; 1969 ex.s. c 168 § 53.] 

Notes:

 Findings -- Short title -- Intent -- 1995 c 403: See note following RCW 34.05.328. 

 Part headings not law -- Severability -- 1995 c 403: See RCW 43.05.903 and 

43.05.904. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.435 

Additional means for enforcement of chapter. 

As an additional means of enforcing this chapter, the governing body or board may accept an assurance of 

discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or 

regulation adopted pursuant hereto, from any person engaging in, or who has engaged in, such act or practice. Any 

such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform 

the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the ordinances, 

resolutions, rules or regulations, or order issued pursuant thereto, which make the alleged act or practice unlawful for 

the purpose of securing any injunction or other relief from the superior court as provided in RCW 70.94.425. 

[1967 c 238 § 62.] 

70.94.440 

Short title. 

This chapter may be known and cited as the "Washington Clean Air Act". 

[1967 c 238 § 63.] 

Notes:

 Short title -- 1991 c 199: "This chapter shall be known and may be cited as the 

clean air Washington act." [1991 c 199 § 721.] 
70.94.450 

Woodstoves — Policy. 

In the interest of the public health and welfare and in keeping with the objectives of RCW 70.94.011, the legislature 

declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove 

emissions. It is the state's policy to reduce woodstove emissions by encouraging the department of ecology to 

continue efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the 

desirability of achieving better emission performance and heating efficiency from woodstoves. The legislature further 

declares that: (1) The purchase of certified woodstoves will not solve the problem of pollution caused by woodstove 

emissions; and (2) the reduction of air pollution caused by woodstove emissions will only occur when woodstove 

users adopt proper methods of wood burning. 

[1987 c 405 § 1.] 

Notes:

 Severability -- 1987 c 405: "If any provision of this act or its application to any 

person or circumstance is held invalid, the remainder of the act or the application of the 

provision to other persons or circumstances is not affected." [1987 c 405 § 18.] 

70.94.453 

Woodstoves — Definitions. 

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70.94.453 through 

*70.94.487: 

 (1) "Department" means the department of ecology. 

 (2) "Woodstove" means a solid fuel burning device other than a fireplace not meeting the requirements of RCW 

70.94.457, including any fireplace insert, woodstove, wood burning heater, wood stick boiler, coal-fired furnace, coal 

stove, or similar device burning any solid fuel used for aesthetic or space-heating purposes in a private residence or 

commercial establishment, which has a heat input less than one million British thermal units per hour. The term 

"woodstove" does not include wood cook stoves. 

 (3) "Fireplace" means: (a) Any permanently installed masonry fireplace; or (b) any factory-built metal solid fuel 

burning device designed to be used with an open combustion chamber and without features to control the air to fuel 

ratio. 

 (4) "New woodstove" means: (a) A woodstove that is sold at retail, bargained, exchanged, or given away for the 

first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and (b) has not been so used to 

have become what is commonly known as "secondhand" within the ordinary meaning of that term. 

 (5) "Solid fuel burning device" means any device for burning wood, coal, or any other nongaseous and nonliquid 

fuel, including a woodstove and fireplace. 

 (6) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the 

boundaries of one or more counties. 

 (7) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage. The 

methods approved by the department in accordance with RCW 70.94.331 shall be used to establish opacity for the 

purposes of this chapter. 

[1987 c 405 § 2.] 

Notes:
 *Reviser's note: RCW 70.94.487 was repealed by 1988 c 186 § 16, effective June 

30, 1988. 

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.455 

Residential and commercial construction — Burning and heating device 

standards. 

After January 1, 1992, no used 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 United States environmental protection 

agency certified or a pellet stove either certified or exempt from certification by the United States environmental 

protection agency. 

 (1) By July 1, 1992, the state building code council shall adopt rules requiring an adequate source of heat other 

than woodstoves in all new and substantially remodeled residential and commercial construction. This rule shall apply 

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

designated by the environmental protection agency as being in nonattainment for particulate matter. 

 (2) For purposes of this section, "substantially remodeled" means any alteration or restoration of a building 

exceeding sixty percent of the appraised value of such building within a twelve-month period. 

[1991 c 199 § 503.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.457 

Solid fuel burning devices — Emission performance standards. 

The department of ecology shall establish by rule under chapter 34.05 RCW: 

 (1) Statewide emission performance standards for new solid fuel burning devices. Notwithstanding any other 

provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall 

adopt any emission standard for new solid fuel burning devices other than the statewide standard adopted by the 

department under this section. 

 (a) After January 1, 1995, no solid fuel burning device shall be offered for sale in this state to residents of this state

that does not meet the following particulate air contaminant emission standards under the test methodology of the 

United States environmental protection agency in effect on January 1, 1991, or an equivalent standard under any test 

methodology adopted by the United States environmental protection agency subsequent to such date: (i) Two and 

one-half grams per hour for catalytic woodstoves; and (ii) four and one-half grams per hour for all other solid fuel 

burning devices. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this 

subsection multiplied by a statistically reliable conversion factor determined by the department that compares the 

difference between the emission test methodology established by the United States environmental protection agency 

prior to May 15, 1991, with the test methodology adopted subsequently by the agency. Subsection (a) of this 

subsection does not apply to fireplaces. 

 (b) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace 

meets the 1990 United States environmental protection agency standards for woodstoves or equivalent standard that 

may be established by the state building code council by rule. Prior to January 1, 1997, the state building code 

council shall establish by rule a methodology for the testing of factory-built fireplaces. The methodology shall be 
designed to achieve a particulate air emission standard equivalent to the 1990 United States environmental 

protection agency standard for woodstoves. In developing the rules, the council shall include on the technical 

advisory committee at least one representative from the masonry fireplace builders and at least one representative of 

the factory-built fireplace manufacturers. 

 (c) Prior to January 1, 1997, the state building code council shall establish by rule design standards for the 

construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include on the 

technical advisory committee at least one representative from the masonry fireplace builders and at least one 

representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop design 

standards that generally achieve reductions in particulate air contaminant emissions commensurate with the 

reductions being achieved by factory-built fireplaces at the time the standard is established. 

 (d) Actions of the department and local air pollution control authorities under this section shall preempt actions of 

other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning 

devices, except where authorized by chapter 199, Laws of 1991. 

 (e) Subsection (1)(a) of this section shall not apply to fireplaces. 

 (f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards 

adopted by the United States environmental protection agency for new woodstoves sold at retail. For solid fuel 

burning devices for which the United States environmental protection agency has not established emission 

standards, the department may exempt or establish, by rule, statewide standards including emission levels and test 

procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per 

pound per hour burned for other new woodstoves and fireplaces regulated under this subsection. 

 (2) A program to: 

 (a) Determine whether a new solid fuel burning device complies with the statewide emission performance 

standards established in subsection (1) of this section; and 

 (b) Approve the sale of devices that comply with the statewide emission performance standards. 

[1995 c 205 § 3; 1991 c 199 § 501; 1987 c 405 § 4.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.460 

Sale of unapproved woodstoves — Prohibited. 

After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a 

resident of this state unless the woodstove has been approved by the department under the program established 

under RCW 70.94.457. 

[1995 c 205 § 4; 1987 c 405 § 7.] 

Notes:

 Severability -- 1987 c 405: See note following RCW 70.94.450. 
70.94.463 

Sale of unapproved woodstoves — Penalty. 

After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in 

violation of RCW 70.94.460 shall be subject to the penalties and enforcement actions under this chapter. 

[1987 c 405 § 8.] 

Notes:

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.467 

Sale of unapproved woodstoves — Application of law to advertising media. 

Nothing in RCW 70.94.460 or 70.94.463 shall apply to a radio station, television station, publisher, printer, or 

distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith 

and without knowledge of its violation of RCW 70.94.453 through *70.94.487. 

[1987 c 405 § 12.] 

Notes:

 *Reviser's note: RCW 70.94.487 was repealed by 1988 c 186 § 16, effective June 

30, 1988. 

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.470 

Residential solid fuel burning devices — Opacity levels — Enforcement and 

public education. 

(1) The department shall establish, by rule under chapter 34.05 RCW, (a) a statewide opacity level of twenty percent 

for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide 

opacity of ten percent for purposes of public education. 

 (2) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent 

opacity level, no authority shall adopt or enforce an opacity level for solid fuel burning devices other than established 

in this section. 

 (3) Actions of the department and local air pollution control authorities under this section shall preempt actions of 

other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning 

devices, except where authorized by chapter 199, Laws of 1991. 

[1991 c 199 § 502; 1987 c 405 § 5.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.473 

Limitations on burning wood for heat — First and second stage burn bans — 

Report on second stage burn ban — Report to the legislature. 

(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning 

wood shall: 

 (a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 

70.94.715 that any air pollution episode exists in that area; 

 (b) Not burn wood in any solid fuel burning device except those which are either Oregon department of 

environmental quality phase II or United States environmental protection agency certified or certified by the 

department under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the United States 

environmental protection agency in accordance with Title 40, Part 60 of the code of federal regulations, in the 

geographical area and for the period of time that a first stage of impaired air quality has been determined, by the 

department or any authority, for that area. A first stage of impaired air quality is reached when forecasted 

meteorological conditions are predicted to cause fine particulate levels to exceed thirty-five micrograms per cubic 

meter, measured on a twenty-four hour average, within forty-eight hours; and 

 (c)(i) 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 the department or any authority, for that area. A second 

stage of impaired air quality is reached when a first stage of impaired air quality has been in force and has not been 

sufficient to reduce the increasing fine particulate pollution trend, fine particulates are at an ambient level of twentyfive micrograms per cubic meter measured on a twenty-four hour average, and forecasted meteorological conditions 

are not expected to allow levels of fine particulates to decline below twenty-five micrograms per cubic meter for a 

period of twenty-four hours or more from the time that the fine particulates are measured at the trigger level. 

 (ii) A second stage burn ban may be called without calling a first stage burn ban only when all of the following 

occur and shall require the department or the local air pollution control authority calling a second stage burn ban 

under this subsection to comply with the requirements of subsection (4) of this section: 

 (A) Fine particulate levels have reached or exceeded twenty-five micrograms per cubic meter, measured on a 

twenty-four hour average; 

 (B) Meteorological conditions have caused fine particulate levels to rise rapidly; 

 (C) Meteorological conditions are predicted to cause fine particulate levels to exceed the thirty-five micrograms per 

cubic meter, measured on a twenty-four hour average, within twenty-four hours; and 

 (D) Meteorological conditions are highly likely to prevent sufficient dispersion of fine particulate. 

 (2) Actions of the department and local air pollution control authorities under this section shall preempt actions of 

other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning 

devices, except where authorized by chapter 199, Laws of 1991. 

 (3) The department or any local air pollution control authority that has called a second stage burn ban under the 

authority of subsection (1)(c)(ii) of this section shall, within ninety days, prepare a written report describing: 

 (a) The meteorological conditions that resulted in their calling the second stage burn ban; 

 (b) Whether the agency could have taken actions to avoid calling a second stage burn ban without calling a first 

stage burn ban; and 

 (c) Any changes the department or authority is making to its procedures of calling first stage and second stage 

burn bans to avoid calling a second stage burn ban without first calling a first stage burn ban. 
 After consulting with affected parties, the department shall prescribe the format of such a report and may also 

require additional information be included in the report. All reports shall be sent to the department and the department 

shall keep the reports on file for not less than five years and available for public inspection and copying in accordance 

with RCW 42.56.090. 

 (4) The department and local air pollution control authorities shall evaluate the effectiveness of the burn ban 

programs contained in this section in avoiding fine particulate levels to exceed thirty-five micrograms per cubic meter, 

measured on a twenty-four hour average, and provide a joint report of the results to the legislature by September 1, 

2011. 

[2008 c 40 § 1; 2007 c 339 § 1; 2005 c 197 § 1; 1998 c 342 § 8; 1995 c 205 § 1; 1991 c 199 § 504; 1990 c 128 § 2; 1987 c 405 § 6.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.475 

Liability of condominium owners' association or resident association. 

A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable 

for violations of RCW 70.94.473 by a resident of a condominium or multiple-family dwelling. The associations shall 

cooperate with local air pollution control authorities to acquaint residents with the provisions of this section. 

[1990 c 157 § 2.] 

70.94.477 

Limitations on use of solid fuel burning devices. 

(1) Unless allowed by rule under chapter 34.05 RCW, a person shall not cause or allow any of the following materials 

to be burned in any residential solid fuel burning device: 

 (a) Garbage; 

 (b) Treated wood; 

 (c) Plastics; 

 (d) Rubber products; 

 (e) Animals; 

 (f) Asphaltic products; 

 (g) Waste petroleum products; 

 (h) Paints; or 

 (i) Any substance, other than properly seasoned fuel wood, which normally emits dense smoke or obnoxious 

odors. 
 (2) To achieve and maintain attainment in areas of nonattainment for fine particulates in accordance with section 

172 of the federal clean air act, a local air pollution control authority or the department may, after meeting 

requirements in subsection (3) of this section, prohibit the use of solid fuel burning devices, except: 

 (a) Fireplaces as defined in RCW 70.94.453(3); 

 (b) Woodstoves meeting the standards set forth in RCW 70.94.473(1)(b); or 

 (c) Pellet stoves. 

 (3) Prior to prohibiting the use of solid fuel burning devices under subsection (2) of this section, the department or 

the local air pollution control authority must: 

 (a) Seek input from any city, county, or jurisdictional health department affected by the proposal to prohibit the use 

of solid fuel burning devices; and 

 (b) Make written findings that: 

 (i) The area is designated as an area of nonattainment for fine particulate matter by the United States 

environmental protection agency, or is in maintenance status under that designation; 

 (ii) Emissions from solid fuel burning devices in the area are a major contributing factor for violating the national 

ambient air quality standard for fine particulates; and 

 (iii) The area has an adequately funded program to assist low-income households to secure an adequate source 

of heat, which may include woodstoves meeting the requirements of RCW 70.94.453(2). 

 (4) If and only if the nonattainment area is within the jurisdiction of the department and the legislative authority of a 

city or county within the area of nonattainment formally expresses concerns with the department's written findings, 

then the department must publish on the department's web site the reasons for prohibiting the use of solid fuel 

burning devices under subsection (2) of this section that includes a response to the concerns expressed by the city or 

county legislative authority. 

 (5) When a local air pollution control authority or the department prohibits the use of solid fuel burning devices as 

authorized by this section, the cities, counties, and jurisdictional health departments serving the area shall cooperate 

with the department or local air pollution control authority as the department or the local air pollution control authority 

implements the prohibition. However, cooperation shall not include enforcement of this prohibition. The responsibility 

for actual enforcement of the prohibition shall reside solely with the department or the local air pollution control 

authority. 

 (6) A prohibition issued by a local air pollution control authority or the department under this section shall not apply 

to a person in a residence or commercial establishment that does not have an adequate source of heat without 

burning wood. 

 (7) As used in this section, "jurisdictional health department" means a city, county, city-county, or district public 

health department. 

[2009 c 282 § 1; 1995 c 205 § 2; 1990 c 128 § 3; 1987 c 405 § 9.] 

Notes:

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.480 

Woodstove education program. 
(1) The department of ecology shall establish a program to educate woodstove dealers and the public about: 

 (a) The effects of woodstove emissions on health and air quality; 

 (b) Methods of achieving better efficiency and emission performance from woodstoves; 

 (c) Woodstoves that have been approved by the department; 

 (d) The benefits of replacing inefficient woodstoves with stoves approved under RCW 70.94.457. 

 (2) Persons selling new woodstoves shall distribute and verbally explain educational materials describing when a 

stove can and cannot be legally used to customers purchasing new woodstoves. 

[1990 c 128 § 6; 1987 c 405 § 3.] 

Notes:

 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.483 

Woodstove education and enforcement account created — Fee imposed on solid 

fuel burning device sales. 

(1) The woodstove education and enforcement account is hereby created in the state treasury. Money placed in the 

account shall include all money received under subsection (2) of this section and any other money appropriated by 

the legislature. Money in the account shall be spent for the purposes of the woodstove education program 

established under RCW 70.94.480 and for enforcement of the woodstove program, and shall be subject to legislative 

appropriation. However, during the 2003-05 fiscal biennium, the legislature may transfer from the woodstove 

education and enforcement account to the air pollution control account such amounts as specified in the omnibus 

operating budget bill. 

 (2) The department of ecology, with the advice of the advisory committee, shall set a flat fee of thirty dollars, on 

the retail sale, as defined in RCW 82.04.050, of each solid fuel burning device after January 1, 1992. The fee shall be 

imposed upon the consumer and shall not be subject to the retail sales tax provisions of chapters 82.08 and 82.12

RCW. The fee may be adjusted annually above thirty dollars to account for inflation as determined by the state office 

of the economic and revenue forecast council. The fee shall be collected by the department of revenue in conjunction 

with the retail sales tax under chapter 82.08 RCW. If the seller fails to collect the fee herein imposed or fails to remit 

the fee to the department of revenue in the manner prescribed in chapter 82.08 RCW, the seller shall be personally 

liable to the state for the amount of the fee. The collection provisions of chapter 82.32 RCW shall apply. The 

department of revenue shall deposit fees collected under this section in the woodstove education and enforcement 

account. 

[2003 1st sp.s. c 25 § 932; 1991 sp.s. c 13 §§ 64, 65; 1991 c 199 § 505; 1990 c 128 § 5; 1987 c 405 § 10.] 

Notes:

 Severability -- Effective date -- 2003 1st sp.s. c 25: See notes following RCW 

19.28.351. 

 Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 

18.08.240. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
 Severability -- 1987 c 405: See note following RCW 70.94.450. 

70.94.488 

Woodsmoke emissions — Findings. 

The legislature finds that there are some communities in the state in which the national ambient air quality standards 

for PM 2.5 are exceeded, primarily due to woodsmoke emissions, and that current strategies are not sufficient to 

reduce woodsmoke emissions to levels that comply with the federal standards or adequately protect public health. 

The legislature finds that it is in the state's interest and to the benefit of the people of the state to evaluate additional 

measures to reduce woodsmoke emissions and update the state woodsmoke control program. 

[2007 c 339 § 2.] 

70.94.505 

Woodsmoke emissions — Work group. 

(1) The department shall convene and chair a work group to study the impacts of woodsmoke from solid fuel burning 

devices on communities in Washington and make recommendations to the legislature on practical and cost-effective 

opportunities to reduce exposure to woodsmoke from solid fuel burning devices and meet the new national air quality 

standards for fine particulates in Washington state. The work group shall be established by the director and include 

representatives from the department, the state department of health, regional air quality agencies, local health 

departments, related industry representatives, and nongovernmental health organizations. Recommendations may 

include statutory or regulatory changes, incentives, and other strategies that will reduce ambient PM 2.5 pollution. 

Recommendations should be presented to the governor and to the legislature by December 1, 2007. 

 (2) In carrying out its assignment the work group shall include, but not be limited to, the following considerations: 

 (a) Communities in the state that have elevated levels of PM 2.5 pollution; 

 (b) The contribution of pollution from solid fuel burning devices to potential violations of federal air quality 

standards; 

 (c) Strategies used in other states, regions, or cities to reduce woodsmoke pollution levels and effectiveness of 

these strategies; 

 (d) State laws, rules, fees, utility regulations, and other policies that may affect the ability to reduce emissions from 

solid fuel burning devices or encourage the use of cleaner burning devices; and 

 (e) Potential financial incentives and sources of funding to change out older solid fuel burning devices to cleaner 

burning devices. 

[2007 c 339 § 3.] 

70.94.510 

Policy to cooperate with federal government. 

It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the 

federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and the 

department is authorized and directed to implement and enforce the provisions of this chapter in carrying out this 
policy as follows: 

 (1) To accept and administer grants from the federal government for carrying out the provisions of this chapter. 

 (2) To take all action necessary to secure to the state the benefits of the federal clean air act. 

[1987 c 109 § 49; 1969 ex.s. c 168 § 45.] 

Notes:

 Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 

c 109: See notes following RCW 43.21B.001. 

70.94.521 

Transportation demand management — Findings. 

The legislature finds that automotive traffic in Washington's metropolitan areas is the major source of emissions of air 

contaminants. This air pollution causes significant harm to public health, causes damage to trees, plants, structures, 

and materials and degrades the quality of the environment. 

 Increasing automotive traffic is also aggravating traffic congestion in Washington's metropolitan areas. This traffic 

congestion imposes significant costs on Washington's businesses, governmental agencies, and individuals in terms 

of lost working hours and delays in the delivery of goods and services. Traffic congestion worsens automobile-related 

air pollution, increases the consumption of fuel, and degrades the habitability of many of Washington's cities and 

suburban areas. The capital and environmental costs of fully accommodating the existing and projected automobile 

traffic on roads and highways are prohibitive. Decreasing the demand for vehicle trips is significantly less costly and 

at least as effective in reducing traffic congestion and its impacts as constructing new transportation facilities such as 

roads and bridges, to accommodate increased traffic volumes. 

 The legislature also finds that increasing automotive transportation is a major factor in increasing consumption of 

gasoline and, thereby, increasing reliance on imported sources of petroleum. Moderating the growth in automotive 

travel is essential to stabilizing and reducing dependence on imported petroleum and improving the nation's energy 

security. 

 The legislature further finds that reducing the number of commute trips to work made via single-occupant cars and 

light trucks is an effective way of reducing automobile-related air pollution, traffic congestion, and energy use. Major 

employers have significant opportunities to encourage and facilitate reducing single-occupant vehicle commuting by 

employees. In addition, the legislature also recognizes the importance of increasing individual citizens' awareness of 

air quality, energy consumption, and traffic congestion, and the contribution individual actions can make towards 

addressing these issues. 

 The intent of this chapter is to require local governments in those counties experiencing the greatest automobilerelated air pollution and traffic congestion to develop and implement plans to reduce single-occupant vehicle 

commute trips. Such plans shall require major employers and employers at major worksites to implement programs to 

reduce single-occupant vehicle commuting by employees at major worksites. Local governments in counties 

experiencing significant but less severe automobile-related air pollution and traffic congestion may implement such 

plans. State agencies shall implement programs to reduce single-occupant vehicle commuting at all major worksites 

throughout the state. 

[1997 c 250 § 1; 1991 c 202 § 10.] 

Notes:

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 
70.94.524 

Transportation demand management — Definitions. 

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. 

 (1) "A major employer" means a private or public employer, including state agencies, that employs one hundred or 

more full-time employees at a single worksite who begin their regular workday between 6:00 a.m. and 9:00 a.m. on 

weekdays for at least twelve continuous months during the year. 

 (2) "Major worksite" means a building or group of buildings that are on physically contiguous parcels of land or on 

parcels separated solely by private or public roadways or rights-of-way, and at which there are one hundred or more 

full-time employees, who begin their regular workday between 6:00 a.m. and 9:00 a.m. on weekdays, for at least 

twelve continuous months. 

 (3) "Major employment installation" means a military base or federal reservation, excluding tribal reservations, at 

which there are one hundred or more full-time employees, who begin their regular workday between 6:00 a.m. and 

9:00 a.m. on weekdays, for at least twelve continuous months during the year. 

 (4) "Person hours of delay" means the daily person hours of delay per mile in the peak period of 6:00 a.m. to 9:00 

a.m., as calculated using the best available methodology by the department of transportation. 

 (5) "Commute trip" means trips made from a worker's home to a worksite during the peak period of 6:00 a.m. to 

9:00 a.m. on weekdays. 

 (6) "Proportion of single-occupant vehicle commute trips" means the number of commute trips made by singleoccupant automobiles divided by the number of full-time employees. 

 (7) "Commute trip vehicle miles traveled per employee" means the sum of the individual vehicle commute trip 

lengths in miles over a set period divided by the number of full-time employees during that period. 

 (8) "Base year" means the twelve-month period commencing when a major employer is determined to be 

participating by the local jurisdiction, on which commute trip reduction goals shall be based. 

 (9) "Growth and transportation efficiency center" means a defined, compact, mixed-use urban area that contains 

jobs or housing and supports multiple modes of transportation. For the purpose of funding, a growth and 

transportation efficiency center must meet minimum criteria established by the commute trip reduction board under 

RCW 70.94.537, and must be certified by a regional transportation planning organization as established in RCW 

47.80.020. 

 (10)(a) "Affected urban growth area" means: 

 (i) An urban growth area, designated pursuant to RCW 36.70A.110, whose boundaries contain a state highway 

segment exceeding the one hundred person hours of delay threshold calculated by the department of transportation, 

and any contiguous urban growth areas; and 

 (ii) An urban growth area, designated pursuant to RCW 36.70A.110, containing a jurisdiction with a population 

over seventy thousand that adopted a commute trip reduction ordinance before the year 2000, and any contiguous 

urban growth areas. 

 (b) Affected urban growth areas will be listed by the department of transportation in the rules for chapter 329, 

Laws of 2006 using the criteria identified in (a) of this subsection. 

 (11) "Certification" means a determination by a regional transportation planning organization that a locally 

designated growth and transportation efficiency center program meets the minimum criteria developed in a 

collaborative regional process and the rules established by the department of transportation. 

[2006 c 329 § 1; 1991 c 202 § 11.] 

Notes:
 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.527 

Transportation demand management — Requirements for counties and cities. 

(1) Each county containing an urban growth area, designated pursuant to RCW 36.70A.110, and each city within an 

urban growth area with a state highway segment exceeding the one hundred person hours of delay threshold 

calculated by the department of transportation, as well as those counties and cities located in any contiguous urban 

growth areas, shall adopt a commute trip reduction plan and ordinance for major employers in the affected urban 

growth area by a date specified by the commute trip reduction board. Jurisdictions located within an urban growth 

area with a population greater than seventy thousand that adopted a commute trip reduction ordinance before the 

year 2000, as well as any jurisdiction within contiguous urban growth areas, shall also adopt a commute trip reduction 

plan and ordinance for major employers in the affected urban growth area by a date specified by the commute trip 

reduction board. Jurisdictions containing a major employment installation in a county with an affected growth area, 

designated pursuant to RCW 36.70A.110, shall adopt a commute trip reduction plan and ordinance for major 

employers in the major employment installation by a date specified by the commute trip reduction board. The 

ordinance shall establish the requirements for major employers and provide an appeals process by which major 

employers, who as a result of special characteristics of their business or its locations would be unable to meet the 

requirements of the ordinance, may obtain waiver or modification of those requirements. The plan shall be designed 

to achieve reductions in the proportion of single-occupant vehicle commute trips and be consistent with the rules 

established by the department of transportation. The county, city, or town shall submit its adopted plan to the regional 

transportation planning organization. The county, city, or town plan shall be included in the regional commute trip 

reduction plan for regional transportation planning purposes, consistent with the rules established by the department 

of transportation in RCW 70.94.537. 

 (2) All other counties, cities, and towns may adopt and implement a commute trip reduction plan consistent with 

department of transportation rules established under RCW 70.94.537. Tribal governments are encouraged to adopt a 

commute trip reduction plan for their lands. State investment in voluntary commute trip reduction plans shall be 

limited to those areas that meet criteria developed by the commute trip reduction board. 

 (3) The department of ecology may, after consultation with the department of transportation, as part of the state 

implementation plan for areas that do not attain the national ambient air quality standards for carbon monoxide or 

ozone, require municipalities other than those identified in subsection (1) of this section to adopt and implement 

commute trip reduction plans if the department determines that such plans are necessary for attainment of said 

standards. 

 (4) A commute trip reduction plan shall be consistent with the rules established under RCW 70.94.537 and shall 

include but is not limited to (a) goals for reductions in the proportion of single-occupant vehicle commute trips 

consistent with the state goals established by the commute trip reduction board under RCW 70.94.537 and the 

regional commute trip reduction plan goals established in the regional commute trip reduction plan; (b) a description 

of the requirements for major public and private sector employers to implement commute trip reduction programs; (c) 

a commute trip reduction program for employees of the county, city, or town; and (d) means, consistent with rules 

established by the department of transportation, for determining base year values and progress toward meeting 

commute trip reduction plan goals. The plan shall be developed in consultation with local transit agencies, the 

applicable regional transportation planning organization, major employers, and other interested parties. 

 (5) The commute trip reduction plans adopted by counties, cities, and towns under this chapter shall be consistent 

with and may be incorporated in applicable state or regional transportation plans and local comprehensive plans and 

shall be coordinated, and consistent with, the commute trip reduction plans of counties, cities, or towns with which the 

county, city, or town has, in part, common borders or related regional issues. Such regional issues shall include 

assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in 

more than one jurisdiction. Counties, cities, and towns adopting commute trip reduction plans may enter into 

agreements through the interlocal cooperation act or by resolution or ordinance as appropriate with other 

jurisdictions, local transit agencies, transportation management associations or other private or nonprofit providers of 

transportation services, or regional transportation planning organizations to coordinate the development and 

implementation of such plans. Transit agencies shall work with counties, cities, and towns as a part of their six-year 

transit development plan established in RCW 35.58.2795 to take into account the location of major employer 
worksites when planning and prioritizing transit service changes or the expansion of public transportation services, 

including rideshare services. Counties, cities, or towns adopting a commute trip reduction plan shall review it annually 

and revise it as necessary to be consistent with applicable plans developed under RCW 36.70A.070. Regional 

transportation planning organizations shall review the local commute trip reduction plans during the development and 

update of the regional commute trip reduction plan. 

 (6) Each affected regional transportation planning organization shall adopt a commute trip reduction plan for its 

region consistent with the rules and deadline established by the department of transportation under RCW 70.94.537. 

The plan shall include, but is not limited to: (a) Regional program goals for commute trip reduction in urban growth 

areas and all designated growth and transportation efficiency centers; (b) a description of strategies for achieving the 

goals; (c) a sustainable financial plan describing projected revenues and expenditures to meet the goals; (d) a 

description of the way in which progress toward meeting the goals will be measured; and (e) minimum criteria for 

growth and transportation efficiency centers. (i) Regional transportation planning organizations shall review proposals 

from local jurisdictions to designate growth and transportation efficiency centers and shall determine whether the 

proposed growth and transportation efficiency center is consistent with the criteria defined in the regional commute 

trip reduction plan. (ii) Growth and transportation efficiency centers certified as consistent with the minimum 

requirements by the regional transportation planning organization shall be identified in subsequent updates of the 

regional commute trip reduction plan. These plans shall be developed in collaboration with all affected local 

jurisdictions, transit agencies, and other interested parties within the region. The plan will be reviewed and approved 

by [the] commute trip reduction board as established under RCW 70.94.537. Regions without an approved regional 

commute trip reduction plan shall not be eligible for state commute trip reduction program funds. 

 The regional commute trip reduction plan shall be consistent with and incorporated into transportation demand 

management components in the regional transportation plan as required by RCW 47.80.030. 

 (7) Each regional transportation planning organization implementing a regional commute trip reduction program 

shall, consistent with the rules and deadline established by the department of transportation, submit its plan as well 

as any related local commute trip reduction plans and certified growth and transportation efficiency center programs, 

to the commute trip reduction board established under RCW 70.94.537. The commute trip reduction board shall 

review the regional commute trip reduction plan and the local commute trip reduction plans. The regional 

transportation planning organization shall collaborate with the commute trip reduction board to evaluate the 

consistency of local commute trip reduction plans with the regional commute trip reduction plan. Local and regional 

plans must be approved by the commute trip reduction board in order to be eligible for state funding provided for the 

purposes of this chapter. 

 (8) Each regional transportation planning organization implementing a regional commute trip reduction program 

shall submit an annual progress report to the commute trip reduction board established under RCW 70.94.537. The 

report shall be due at the end of each state fiscal year for which the program has been implemented. The report shall 

describe progress in attaining the applicable commute trip reduction goals and shall highlight any problems being 

encountered in achieving the goals. The information shall be reported in a form established by the commute trip 

reduction board. 

 (9) Any waivers or modifications of the requirements of a commute trip reduction plan granted by a jurisdiction 

shall be submitted for review to the commute trip reduction board established under RCW 70.94.537. The commute 

trip reduction board may not deny the granting of a waiver or modification of the requirements of a commute trip 

reduction plan by a jurisdiction but they may notify the jurisdiction of any comments or objections. 

 (10) Plans implemented under this section shall not apply to commute trips for seasonal agricultural employees. 

 (11) Plans implemented under this section shall not apply to construction worksites when the expected duration of 

the construction project is less than two years. 

 (12) If an affected urban growth area has not previously implemented a commute trip reduction program and the 

state has funded solutions to state highway deficiencies to address the area's exceeding the person hours of delay 

threshold, the affected urban growth area shall be exempt from the duties of this section for a period not exceeding 

two years. 

[2006 c 329 § 2; 1997 c 250 § 2; 1996 c 186 § 513; 1991 c 202 § 12.] 

Notes:
 Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See 

notes following RCW 43.330.904. 

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.528 

Transportation demand management — Growth and transportation efficiency 

centers. 

(1) A county, city, or town may, as part of its commute trip reduction plan, designate existing activity centers listed in 

its comprehensive plan or new activity centers as growth and transportation efficiency centers and establish a 

transportation demand management program in the designated area. 

 (a) The transportation demand management program for the growth and transportation efficiency center shall be 

developed in consultation with local transit agencies, the applicable regional transportation planning organization, 

major employers, and other interested parties. 

 (b) In order to be eligible for state funding provided for the purposes of this section, designated growth and 

transportation efficiency centers shall be certified by the applicable regional transportation organization to: (i) Meet 

the minimum land use and transportation criteria established in collaboration among local jurisdictions, transit 

agencies, the regional transportation planning organization, and other interested parties as part of the regional 

commute trip reduction plan; and (ii) have established a transportation demand management program that includes 

the elements identified in (c) of this subsection and is consistent with the rules established by the department of 

transportation in RCW 70.94.537(2). If a designated growth and transportation efficiency center is denied certification, 

the local jurisdiction may appeal the decision to the commute trip reduction board. 

 (c) Transportation demand management programs for growth and transportation efficiency centers shall include, 

but are not limited to: (i) Goals for reductions in the proportion of single-occupant vehicle trips that are more 

aggressive than the state program goal established by the commute trip reduction board; (ii) a sustainable financial 

plan demonstrating how the program can be implemented to meet state and regional trip reduction goals, indicating 

resources from public and private sources that are reasonably expected to be made available to carry out the plan, 

and recommending any innovative financing techniques consistent with chapter 47.29 RCW, including public/private 

partnerships, to finance needed facilities, services, and programs; (iii) a proposed organizational structure for 

implementing the program; (iv) a proposal to measure performance toward the goal and implementation progress; 

and (v) an evaluation to which local land use and transportation policies apply, including parking policies and 

ordinances, to determine the extent that they complement and support the trip reduction investments of major 

employers. Each of these program elements shall be consistent with the rules established under RCW 70.94.537. 

 (d) A designated growth and transportation efficiency center shall be consistent with the land use and 

transportation elements of the local comprehensive plan. 

 (e) Transit agencies, local governments, and regional transportation planning organizations shall identify certified 

growth and transportation efficiency centers as priority areas for new service and facility investments in their 

respective investment plans. 

 (2) A county, city, or town that has established a growth and transportation efficiency center program shall support 

vehicle trip reduction activities in the designated area. The implementing jurisdiction shall adopt policies, ordinances, 

and funding strategies that will lead to attainment of program goals in those areas. 

[2006 c 329 § 4.] 
70.94.531 

Transportation demand management — Requirements for employers. 

(1) State agency worksites are subject to the same requirements under this section and RCW 70.94.534 as private 

employers. 

 (2) Not more than ninety days after the adoption of a jurisdiction's commute trip reduction plan, each major 

employer in that jurisdiction shall perform a baseline measurement consistent with the rules established by the 

department of transportation under RCW 70.94.537. Not more than ninety days after receiving the results of the 

baseline measurement, each major employer shall develop a commute trip reduction program and shall submit a 

description of that program to the jurisdiction for review. The program shall be implemented not more than ninety 

days after approval by the jurisdiction. 

 (3) A commute trip reduction program of a major employer shall consist of, at a minimum (a) designation of a 

transportation coordinator and the display of the name, location, and telephone number of the coordinator in a 

prominent manner at each affected worksite; (b) regular distribution of information to employees regarding 

alternatives to single-occupant vehicle commuting; (c) a regular review of employee commuting and reporting of 

progress toward meeting the single-occupant vehicle reduction goals to the county, city, or town consistent with the 

method established in the commute trip reduction plan and the rules established by the department of transportation 

under RCW 70.94.537; and (d) implementation of a set of measures designed to achieve the applicable commute trip 

reduction goals adopted by the jurisdiction. Such measures may include but are not limited to: 

 (i) Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles; 

 (ii) Instituting or increasing parking charges for single-occupant vehicles; 

 (iii) Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 

 (iv) Provision of subsidies for transit fares; 

 (v) Provision of vans for van pools; 

 (vi) Provision of subsidies for car pooling or van pooling; 

 (vii) Permitting the use of the employer's vehicles for car pooling or van pooling; 

 (viii) Permitting flexible work schedules to facilitate employees' use of transit, car pools, or van pools; 

 (ix) Cooperation with transportation providers to provide additional regular or express service to the worksite; 

 (x) Construction of special loading and unloading facilities for transit, car pool, and van pool users; 

 (xi) Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk 

to work; 

 (xii) Provision of a program of parking incentives such as a rebate for employees who do not use the parking 

facility; 

 (xiii) Establishment of a program to permit employees to work part or full time at home or at an alternative worksite 

closer to their homes; 

 (xiv) Establishment of a program of alternative work schedules such as compressed work week schedules which 

reduce commuting; and 

 (xv) Implementation of other measures designed to facilitate the use of high occupancy vehicles such as on-site 

day care facilities and emergency taxi services. 

 (4) Employers or owners of worksites may form or utilize existing transportation management associations or other 

transportation-related associations authorized by RCW 35.87A.010 to assist members in developing and 

implementing commute trip reduction programs. 
 (5) Employers shall make a good faith effort towards achievement of the goals identified in RCW 70.94.527(4)(d). 

[2006 c 329 § 5; 1997 c 250 § 3; (1995 2nd sp.s. c 14 § 530 expired June 30, 1997); 1991 c 202 § 13.] 

Notes:

 Expiration date -- 1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note following 

RCW 43.19.1919. 

 Effective dates -- 1995 2nd sp.s. c 14: See note following RCW 43.19.1919. 

 Severability -- 1995 2nd sp.s. c 14: See note following RCW 43.19.1919. 

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.534 

Transportation demand management — Jurisdictions' review and penalties. 

(1) Each jurisdiction implementing a commute trip reduction plan under this chapter or as part of a plan or ordinance 

developed under RCW 36.70A.070 shall review each employer's initial commute trip reduction program to determine 

if the program is likely to meet the applicable commute trip reduction goals. The employer shall be notified by the 

jurisdiction of its findings. If the jurisdiction finds that the program is not likely to meet the applicable commute trip 

reduction goals, the jurisdiction will work with the employer to modify the program as necessary. The jurisdiction shall 

complete review of each employer's initial commute trip reduction program within ninety days of receipt. 

 (2) Employers implementing commute trip reduction programs are expected to undertake good faith efforts to 

achieve the goals outlined in RCW 70.94.527(4). Employers are considered to be making a good faith effort if the 

following conditions have been met: 

 (a) The employer has met the minimum requirements identified in RCW 70.94.531; 

 (b) The employer has notified the jurisdiction of its intent to substantially change or modify its program and has 

either received the approval of the jurisdiction to do so or has acknowledged that its program may not be approved 

without additional modifications; 

 (c) The employer has provided adequate information and documentation of implementation when requested by the 

jurisdiction; and 

 (d) The employer is working collaboratively with its jurisdiction to continue its existing program or is developing 

and implementing program modifications likely to result in improvements to the program over an agreed upon length 

of time. 

 (3) Each jurisdiction shall review at least once every two years each employer's progress and good faith efforts 

toward meeting the applicable commute trip reduction goals. If an employer makes a good faith effort, as defined in 

this section, but is not likely to meet the applicable commute trip reduction goals, the jurisdiction shall work 

collaboratively with the employer to make modifications to the commute trip reduction program. Failure of an 

employer to reach the applicable commute trip reduction goals is not a violation of this chapter. 

 (4) If an employer fails to make a good faith effort and fails to meet the applicable commute trip reduction goals, 

the jurisdiction shall work collaboratively with the employer to propose modifications to the program and shall direct 

the employer to revise its program within thirty days to incorporate those modifications or modifications which the 

jurisdiction determines to be equivalent. 
 (5) Each jurisdiction implementing a commute trip reduction plan pursuant to this chapter may impose civil 

penalties, in the manner provided in chapter 7.80 RCW, for failure by an employer to implement a commute trip 

reduction program or to modify its commute trip reduction program as required in subsection (4) of this section. No 

major employer may be held liable for civil penalties for failure to reach the applicable commute trip reduction goals. 

No major employer shall be liable for civil penalties under this chapter if failure to achieve a commute trip reduction 

program goal was the result of an inability to reach agreement with a certified collective bargaining agent under 

applicable laws where the issue was raised by the employer and pursued in good faith. 

 (6) Jurisdictions shall notify major employers of the procedures for applying for goal modification or exemption 

from the commute trip reduction requirements based on the guidelines established by the commute trip reduction 

board authorized under RCW 70.94.537. 

[2006 c 329 § 6; 1997 c 250 § 4; 1991 c 202 § 14.] 

Notes:

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.537 

Transportation demand management — Commute trip reduction board. 

(1) A sixteen member state commute trip reduction board is established as follows: 

 (a) The secretary of transportation or the secretary's designee who shall serve as chair; 

 (b) One representative from the office of financial management; 

 (c) The director or the director's designee of one of the following agencies, to be determined by the secretary of 

transportation: 

 (i) *Department of general administration; 

 (ii) Department of ecology; 

 (iii) Department of commerce; 

 (d) Three representatives from cities and towns or counties appointed by the secretary of transportation for 

staggered four-year terms from a list recommended by the association of Washington cities or the Washington state 

association of counties; 

 (e) Two representatives from transit agencies appointed by the secretary of transportation for staggered four-year 

terms from a list recommended by the Washington state transit association; 

 (f) Two representatives from participating regional transportation planning organizations appointed by the 

secretary of transportation for staggered four-year terms; 

 (g) Four representatives of employers at or owners of major worksites in Washington, or transportation 

management associations, business improvement areas, or other transportation organizations representing 

employers, appointed by the secretary of transportation for staggered four-year terms; and 

 (h) Two citizens appointed by the secretary of transportation for staggered four-year terms. 

 Members of the commute trip reduction board shall serve without compensation but shall be reimbursed for travel 

expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the secretary of transportation shall 

be compensated in accordance with RCW 43.03.220. The board has all powers necessary to carry out its duties as 

prescribed by this chapter. 
 (2) By March 1, 2007, the department of transportation shall establish rules for commute trip reduction plans and 

implementation procedures. The commute trip reduction board shall advise the department on the content of the 

rules. The rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions 

while fairly taking into account differences in employment and housing density, employer size, existing and 

anticipated levels of transit service, special employer circumstances, and other factors the board determines to be 

relevant. The rules shall include: 

 (a) Guidance criteria for growth and transportation efficiency centers; 

 (b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities 

and progress toward meeting commute trip reduction plan goals; 

 (c) Model commute trip reduction ordinances; 

 (d) Methods for assuring consistency in the treatment of employers who have worksites subject to the 

requirements of this chapter in more than one jurisdiction; 

 (e) An appeals process by which major employers, who as a result of special characteristics of their business or its 

locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or 

modification of those requirements and criteria for determining eligibility for waiver or modification; 

 (f) Establishment of a process for determining the state's affected areas, including criteria and procedures for 

regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt 

urban growth areas; 

 (g) Listing of the affected areas of the program to be done every four years as identified in subsection (5) of this 

section; 

 (h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement 

commute trip reduction are eligible for state funding; 

 (i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to 

ensure consistency between the local commute trip reduction plan and the transportation demand management 

strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070; 

 (j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the 

regional commute trip reduction plan is consistent with and incorporated into transportation demand management 

components in the regional transportation plan; 

 (k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and 

transportation efficiency center programs meet the minimum requirements and are eligible for funding; 

 (l) Guidelines for creating and updating growth and transportation efficiency center programs; and 

 (m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in 

the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at 

a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway 

system. 

 (3) The board shall create a state commute trip reduction plan that shall be updated every four years as discussed 

in subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) 

Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and 

goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for 

how transportation demand management strategies can be targeted most effectively to support commute trip 

reduction program goals; (c) performance measures for assessing the cost-effectiveness of commute trip reduction 

strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The board shall 

review and approve regional commute trip reduction plans, and work collaboratively with regional transportation 

planning organizations in the establishment of the state commute trip reduction plan. 

 (4) The board shall work with affected jurisdictions, major employers, and other parties to develop and implement 

a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and 
support achievement of the objectives identified in this chapter. 

 (5) The board shall evaluate and update the commute trip reduction program plan and recommend changes to the 

rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology 

used by the department of transportation is incorporated into the program and to determine which areas of the state 

should be affected by the program. The board shall review the definition of a major employer no later than December 

1, 2009. The board shall regularly identify urban growth areas that are projected to be affected by chapter 329, Laws 

of 2006 in the next four-year period and may provide advance planning support to the potentially affected 

jurisdictions. 

 (6) The board shall review progress toward implementing commute trip reduction plans and programs and the 

costs and benefits of commute trip reduction plans and programs and shall make recommendations to the legislature 

and the governor by December 1, 2009, and every two years thereafter. In assessing the costs and benefits, the 

board shall consider the costs of not having implemented commute trip reduction plans and programs with the 

assistance of the transportation performance audit board authorized under **chapter 44.75 RCW. The board shall 

examine other transportation demand management programs nationally and incorporate its findings into its 

recommendations to the legislature. The recommendations shall address the need for continuation, modification, or 

termination or any or all requirements of this chapter. 

 (7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, 

public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington 

to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of 

local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and 

state rules and guidelines. 

[2011 1st sp.s. c 21 § 26; 2006 c 329 § 7; 1997 c 250 § 5; 1996 c 186 § 514; 1995 c 399 § 188; 1991 c 202 § 15.] 

Notes:

 Reviser's note: *(1) The "department of general administration" was renamed the 

"department of enterprise services" by 2011 1st sp.s. c 43 § 107. 

 **(2) Chapter 44.75 RCW was repealed by 2006 c 334 § 51. 

 Effective date -- 2011 1st sp.s. c 21: See note following RCW 72.23.025. 

 Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See 

notes following RCW 43.330.904. 

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.541 

Transportation demand management — Technical assistance. 

(1) The department of transportation shall provide staff support to the commute trip reduction board in carrying out 

the requirements of RCW 70.94.537. 

 (2) The department of transportation shall provide technical assistance to regional transportation planning 

organizations, counties, cities, towns, state agencies, as defined in RCW 40.06.010, and other employers in 

developing and implementing commute trip reduction plans and programs. The technical assistance shall include: (a) 

Guidance in single measurement methodology and practice to be used in determining progress in attaining plan 

goals; (b) developing model plans and programs appropriate to different situations; and (c) providing consistent 

training and informational materials for the implementation of commute trip reduction programs. Model plans and 
programs, training, and informational materials shall be developed in cooperation with representatives of regional 

transportation planning organizations, local governments, transit agencies, and employers. 

 (3) In carrying out this section the department of transportation may contract with statewide associations 

representing cities, towns, and counties to assist cities, towns, and counties in implementing commute trip reduction 

plans and programs. 

[2009 c 427 § 1; 2006 c 329 § 8; 1996 c 186 § 515; 1991 c 202 § 16.] 

Notes:

 Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See 

notes following RCW 43.330.904. 

 Captions not law -- Effective date -- Severability -- 1991 c 202:See notes 

following RCW 47.50.010. 

70.94.544 

Transportation demand management — Use of funds. 

A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip 

reduction board in carrying out the responsibilities of RCW 70.94.537, and the department of transportation, including 

the activities authorized under RCW 70.94.541(2), and to assist regional transportation planning organizations, 

counties, cities, and towns implementing commute trip reduction plans. The commute trip reduction board shall 

determine the allocation of program funds made available for the purposes of this chapter to regional transportation 

planning organizations, counties, cities, and towns implementing commute trip reduction plans. If state funds for the 

purposes of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the 

funds shall be disbursed based on criteria established by the commute trip reduction board under RCW 70.94.537. 

[2006 c 329 § 9; 2001 c 74 § 1; 1991 c 202 § 17.] 

Notes:

 Captions not law -- Effective date -- Severability -- 1991 c 202: See notes 

following RCW 47.50.010. 

70.94.547 

Transportation demand management — Intent — State leadership. 

The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective 

commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and 

other state agencies, including institutions of higher education, shall aggressively develop substantive programs to 

reduce commute trips by state employees. Implementation of these programs will reduce energy consumption, 

congestion in urban areas, and air and water pollution associated with automobile travel. 

[2009 c 427 § 2; 2006 c 329 § 10; 1991 c 202 § 18.] 

Notes:

 Captions not law -- Effective date -- Severability -- 1991 c 202:See notes 
following RCW 47.50.010. 

70.94.551 

Transportation demand management — State agencies — Joint comprehensive 

commute trip reduction plan — Reports. 

(1) The secretary of the department of transportation may coordinate an interagency board or other interested parties 

for the purpose of developing policies or guidelines that promote consistency among state agency commute trip 

reduction programs required by RCW 70.94.527 and 70.94.531 or developed under the joint comprehensive 

commute trip reduction plan described in this section. The board shall include representatives of the departments of 

transportation, *general administration, ecology, and **community, trade, and economic development and such other 

departments and interested groups as the secretary of the department of transportation determines to be necessary. 

Policies and guidelines shall be applicable to all state agencies including but not limited to policies and guidelines 

regarding parking and parking charges, employee incentives for commuting by other than single-occupant 

automobiles, flexible and alternative work schedules, alternative worksites, and the use of state-owned vehicles for 

car and van pools and guaranteed rides home. The policies and guidelines shall also consider the costs and benefits 

to state agencies of achieving commute trip reductions and consider mechanisms for funding state agency commute 

trip reduction programs. 

 (2) State agencies sharing a common location in affected urban growth areas where the total number of state 

employees is one hundred or more shall, with assistance from the department of transportation, develop and 

implement a joint commute trip reduction program. The worksite must be treated as specified in RCW 70.94.531 and 

70.94.534. 

 (3) The department of transportation shall develop a joint comprehensive commute trip reduction plan for all state 

agencies, including institutions of higher education, located in the Olympia, Lacey, and Tumwater urban growth 

areas. 

 (a) In developing the joint comprehensive commute trip reduction plan, the department of transportation shall work 

with applicable state agencies, including institutions of higher education, and shall collaborate with the following 

entities: Local jurisdictions; regional transportation planning organizations as described in chapter 47.80 RCW; transit 

agencies, including regional transit authorities as described in chapter 81.112 RCW and transit agencies that serve 

areas within twenty- five miles of the Olympia, Lacey, or Tumwater urban growth areas; and the capitol campus 

design advisory committee established in RCW 43.34.080. 

 (b) The joint comprehensive commute trip reduction plan must build on existing commute trip reduction programs 

and policies. At a minimum, the joint comprehensive commute trip reduction plan must include strategies for telework 

and flexible work schedules, parking management, and consideration of the impacts of worksite location and design 

on multimodal transportation options. 

 (c) The joint comprehensive commute trip reduction plan must include performance measures and reporting 

methods and requirements. 

 (d) The joint comprehensive commute trip reduction plan may include strategies to accommodate differences in 

worksite size and location. 

 (e) The joint comprehensive commute trip reduction plan must be consistent with jurisdictional and regional 

transportation, land use, and commute trip reduction plans, the state six-year facilities plan, and the master plan for 

the capitol of the state of Washington. 

 (f) Not more than ninety days after the adoption of the joint comprehensive commute trip reduction plan, state 

agencies within the three urban growth areas must implement a commute trip reduction program consistent with the 

objectives and strategies of the joint comprehensive commute trip reduction plan. 

 (4) The department of transportation shall review the initial commute trip reduction program of each state agency 

subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the 

applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not 

likely to meet the applicable commute trip reduction goals, the department of transportation will work with the agency 
to modify the program as necessary. 

 (5) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency 

director on the performance of the agency's commute trip reduction program as part of the agency's quality 

management, accountability, and performance system as defined by RCW 43.17.385. The reports shall assess the 

performance of the program, progress toward state goals established under RCW 70.94.537, and recommendations 

for improving the program. 

 (6) The department of transportation shall review the agency performance reports defined in subsection (5) of this 

section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate the 

report in the commute trip reduction board report to the legislature as directed in RCW 70.94.537(6). The report shall 

include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals 

established under RCW 70.94.537, and recommendations for improving the performance of state agency commute 

trip reduction programs. The information shall be reported in a form established by the commute trip reduction board. 

[2009 c 427 § 3; 2006 c 329 § 11; 1997 c 250 § 6; 1996 c 186 § 516; 1991 c 202 § 19.] 

Notes:

 Reviser's note: *(1) The "department of general administration" was renamed the 

"department of enterprise services" by 2011 1st sp.s. c 43 § 107. 

 **(2) The "department of community, trade, and economic development" was 

renamed the "department of commerce" by 2009 c 565. 

 Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See 

notes following RCW 43.330.904. 

 Captions not law -- Effective date -- Severability -- 1991 c 202:See notes 

following RCW 47.50.010. 

State vehicle parking account: RCW 43.01.225. 

70.94.555 

Transportation demand management — Collective bargaining powers unaffected. 

Nothing in chapter 329, Laws of 2006 preempts the ability of state employees to collectively bargain over commute 

trip reduction issues, including parking fees under chapter 41.80 RCW, or the ability of private sector employees to 

collectively bargain over commute trip reduction issues if previously such issues were mandatory subjects of 

collective bargaining. 

[2006 c 329 § 3.] 

70.94.600 

Reports of authorities to department of ecology — Contents. 

All authorities in the state shall submit quarterly reports to the department of ecology detailing the current status of air 

pollution control regulations in the authority and, by county, the progress made toward bringing all sources in the 

authority into compliance with authority standards. 
[1979 ex.s. c 30 § 14; 1969 ex.s. c 168 § 52.] 

70.94.610 

Burning used oil fuel in land-based facilities. 

(1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility 

or in state waters unless the used oil meets the following standards: 

 (a) Cadmium: 2 ppm maximum 

 (b) Chromium: 10 ppm maximum 

 (c) Lead: 100 ppm maximum 

 (d) Arsenic: 5 ppm maximum 

 (e) Total halogens: 1000 ppm maximum 

 (f) Polychlorinated biphenyls: 2 ppm maximum 

 (g) Ash: .1 percent maximum 

 (h) Sulfur: 1.0 percent maximum 

 (i) Flash point: 100 degrees Fahrenheit minimum. 

 (2) This section shall not apply to: (a) Used oil burned in space heaters if the space heater has a maximum heat 

output of not greater than 0.5 million btu's per hour or used oil burned in facilities permitted by the department or a 

local air pollution control authority; or (b) ocean-going vessels. 

 (3) This section shall not apply to persons in the business of collecting used oil from residences when under 

authorization by a city, county, or the utilities and transportation commission. 

[1991 c 319 § 311.] 

Notes:

 Severability -- Part headings not law -- 1991 c 319: See RCW 70.95F.900 and 

70.95F.901. 

70.94.620 

Metals mining and milling operations permits — Inspections by department of 

ecology. 

If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special 

inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order 

to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. 

The department shall conduct additional inspections during the construction phase of the mining and milling operation 

in order to ensure compliance with this chapter. 

[1994 c 232 § 18.] 
Notes:

 Severability -- 1994 c 232: See RCW 78.56.900. 

 Effective date -- 1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902. 

70.94.630 

Sulfur dioxide abatement account — Coal-fired thermal electric generation 

facilities — Application — Determination and assessment of progress — 

Certification of pollution level — Reimbursement — Time limit for and extension 

of account. 

(1) The sulfur dioxide abatement account is created. All receipts from subsection (2) of this section must be deposited 

in the account. Expenditures in the account may be used only for the purposes of subsection (3) of this section. Only 

the director of revenue or the director's designee may authorize expenditures from the account. The account is 

subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. 

 (2) Upon application by the owners of a generation facility, the department of ecology shall make a determination 

of whether the owners are making initial progress in the construction of air pollution control facilities. Evidence of 

initial progress may include, but is not limited to, engineering work, agreements to proceed with construction, 

contracts to purchase, or contracts for construction of air pollution control facilities. However, if the owners' progress 

is impeded due to actions caused by regulatory delays or by defensive litigation, certification of initial progress may 

not be withheld. 

 Upon certification of initial progress by the department of ecology and after January 1, 1999, an amount equal to 

all sales and use taxes paid under chapters 82.08, 82.12, and 82.14 RCW, that were obtained from the sales of coal 

to, or use of coal by, a business for use at a generation facility shall be deposited in the account under RCW 

82.32.392. 

 By June 1st of each year during construction of the air pollution control facilities and during the verification period 

required in RCW 82.08.811(2)(d) and 82.12.811(2)(d), the department of ecology shall make an assessment 

regarding the continued progress of the pollution control facilities. Evidence of continued progress may include, but is 

not limited to, acquisition of construction material, visible progress on construction, or other actions that have 

occurred that would verify progress under general construction timetables. The treasurer shall continue to deposit an 

amount equal to the tax revenues to the sulfur dioxide abatement account unless the department of ecology fails to 

certify that reasonable progress has been made during the previous year. The operator of a generation facility shall 

file documentation accompanying its combined monthly excise tax return that identifies all sales and use tax 

payments made by the owners for coal used at the generation facility during the reporting period. 

 (3) When a generation facility emits no more than ten thousand tons of sulfur dioxide during a consecutive twelvemonth period, the department of ecology shall certify this to the department of revenue and the state treasurer by the 

end of the following month. Within thirty days of receipt of certification under this subsection, the department of 

revenue shall approve the tax exemption application and the director or the director's designee shall authorize the 

release of any moneys in the sulfur dioxide abatement account to the operator of the generation facility. The operator 

shall disburse the payment among the owners of record according to the terms of their contractual agreement. 

 (4)(a) If the department of revenue has not approved a tax exemption under RCW 82.08.811 and 82.12.811 by 

March 1, 2005, any moneys in the sulfur dioxide abatement account shall be transferred to the general fund and the 

appropriate local governments in accordance with chapter 82.14 RCW, and the sulfur dioxide abatement account 

shall cease to exist after March 1, 2005. 

 (b) The dates in (a) of this subsection must be extended if the owners of a generation facility have experienced 

difficulties in complying with this section, or RCW 82.08.811, *82.08.812,82.12.811 , *82.12.812, and 82.32.392, due 

to actions caused by regulatory delays or by defensive litigation. 

 (5) For the purposes of this section: 
 (a) "Air pollution control facilities" means any treatment works, control devices and disposal systems, machinery, 

equipment, structure, property, property improvements and accessories, that are installed or acquired for the primary 

purpose of reducing, controlling, or disposing of industrial waste that, if released to the outdoor atmosphere, could 

cause air pollution, or that are required to meet regulatory requirements applicable to their construction, installation, 

or operation; and 

 (b) "Generation facility" means a coal-fired thermal electric generation facility placed in operation after December 

3, 1969, and before July 1, 1975. 

[1997 c 368 § 10.] 

Notes:

 *Reviser's note: RCW 82.08.812 and 82.12.812 were repealed by 2000 c 4 § 1. 

 Findings -- Intent -- Rules adoption -- Severability -- Effective date -- 1997 c 

368: See notes following RCW 82.08.810. 

70.94.640 

Odors or fugitive dust caused by agricultural activities consistent with good 

agricultural practices exempt from chapter. 

(1) Odors or fugitive dust caused by agricultural activity consistent with good agricultural practices on agricultural land 

are exempt from the requirements of this chapter unless they have a substantial adverse effect on public health. In 

determining whether agricultural activity is consistent with good agricultural practices, the department of ecology or 

board of any authority shall consult with a recognized third-party expert in the activity prior to issuing any notice of 

violation. 

 (2) Any notice of violation issued under this chapter pertaining to odors or fugitive dust caused by agricultural 

activity shall include a statement as to why the activity is inconsistent with good agricultural practices, or a statement 

that the odors or fugitive dust have substantial adverse effect on public health. 

 (3) In any appeal to the pollution control hearings board or any judicial appeal, the agency issuing a final order 

pertaining to odors or fugitive dust caused by agricultural activity shall prove the activity is inconsistent with good 

agricultural practices or that the odors or fugitive dust have a substantial adverse impact on public health. 

 (4) If a person engaged in agricultural activity on a contiguous piece of agricultural land sells or has sold a portion 

of that land for residential purposes, the exemption of this section shall not apply. 

 (5) As used in this section: 

 (a) "Agricultural activity" means the growing, raising, or production of horticultural or viticultural crops, berries, 

poultry, livestock, shellfish, grain, mint, hay, and dairy products. 

 (b) "Good agricultural practices" means economically feasible practices which are customary among or 

appropriate to farms and ranches of a similar nature in the local area. 

 (c) "Agricultural land" means at least five acres of land devoted primarily to the commercial production of livestock, 

agricultural commodities, or cultured aquatic products. 

 (d) "Fugitive dust" means a particulate emission made airborne by human activity, forces of wind, or both, and 

which do not pass through a stack, chimney, vent, or other functionally equivalent opening. 

 (6) The exemption for fugitive dust provided in subsection (1) of this section does not apply to facilities subject to 

RCW 70.94.151 as specified in WAC 173-400-100 as of July 24, 2005,70.94.152 , or 70.94.161. 
[2005 c 511 § 4; 1981 c 297 § 30.] 

Notes:

 Legislative finding, intent -- 1981 c 297: "The legislature finds that agricultural land 

is essential to providing citizens with food and fiber and to insuring aesthetic values 

through the preservation of open spaces in our state. The legislature further finds that 

government regulations can cause agricultural land to be converted to nonagricultural 

uses. The legislature intends that agricultural activity consistent with good practices be 

protected from government over-regulation." [1981 c 297 § 29.] 

 Reviser's note: The above legislative finding and intent section apparently applies 

to sections 30 and 31 of chapter 297, Laws of 1981, which sections have been codified 

pursuant to legislative direction as RCW 70.94.640 and 90.48.450, respectively. 

 Severability -- 1981 c 297: See note following RCW 15.36.201. 

70.94.645 

Ammonia emissions from use as agricultural or silvicultural fertilizer — 

Regulation prohibited. 

The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or 

application of ammonia for use as an agricultural or silvicultural fertilizer. 

[1996 c 204 § 2.] 

70.94.6511 

Definition of "outdoor burning." 

As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an 

outdoor container without providing for the control of combustion or the control of emissions from the combustion. 

[2009 c 118 § 101.] 

Notes:

 Purpose -- 2009 c 118: "The purpose of this act is to make technical, 

nonsubstantive changes to outdoor burning provisions of the Washington clean air act, 

chapter 70.94 RCW, to improve clarity. No provision of this act may be construed as a 

substantive change to the Washington clean air act." [2009 c 118 § 1.] 

70.94.6512 

Outdoor burning — Fires prohibited — Exceptions. 
Except as provided in RCW 70.94.6546, no person shall cause or allow any outdoor fire: 

 (1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any 

substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating 

devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section; 

 (2) During a forecast, alert, warning or emergency condition as defined in RCW 70.94.715 or impaired air quality 

condition as defined in RCW 70.94.473. 

[2009 c 118 § 102; 1995 c 362 § 2; 1991 c 199 § 410; 1974 ex.s. c 164 § 1; 1973 2nd ex.s. c 11 § 1; 1973 1st ex.s. c 193 § 9. Formerly RCW 

70.94.775.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6514 

Outdoor burning — Areas where prohibited — Exceptions — Use for management 

of storm or flood-related debris — Silvicultural burning. 

(1) Consistent with the policy of the state to reduce outdoor burning to the greatest extent practical, outdoor burning 

shall not be allowed in: 

 (a) Any area of the state where federal or state ambient air quality standards are exceeded for pollutants emitted 

by outdoor burning; or 

 (b) Any urban growth area as defined by RCW 36.70A.030, or any city of the state having a population greater 

than ten thousand people if such cities are threatened to exceed state or federal air quality standards, and alternative 

disposal practices consistent with good solid waste management are reasonably available or practices eliminating 

production of organic refuse are reasonably available. 

 (2) Notwithstanding any other provision of this section, outdoor burning may be allowed for the exclusive purpose 

of managing storm or flood-related debris. The decision to allow burning shall be made by the entity with permitting 

jurisdiction as determined under RCW 70.94.6534 or 70.94.6518. If outdoor burning is allowed in areas subject to 

subsection (1)(a) or (b) of this section, a permit shall be required, and a fee may be collected to cover the expenses 

of administering and enforcing the permit. All conditions and restrictions pursuant to RCW 70.94.6526(1) and 

70.94.6512 apply to outdoor burning allowed under this section. 

 (3)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is 

consistent with agricultural burning authorized under RCW 70.94.6528 and 70.94.6532, is allowed within the urban 

growth area in accordance with RCW 70.94.6528(8)(a). 

 (b) Outdoor burning of cultivated orchard trees shall be allowed as an ongoing agricultural activity under this 

section in accordance with RCW 70.94.6528(8)(b). 

 (4) This section shall not apply to silvicultural burning used to improve or maintain fire dependent ecosystems for 

rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, 

parks, and other wildlife areas. 

[2009 c 118 § 103; 2004 c 213 § 1; 2001 1st sp.s. c 12 § 1; 1998 c 68 § 1; 1997 c 225 § 1; 1991 c 199 § 402. Formerly RCW 70.94.743.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 
 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6516 

Outdoor burning — Permits issued by political subdivisions. 

In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district 

issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances 

caused by such burning. No fire protection agency, county, or conservation district may issue a burning permit in an 

area where the department or local board has declared any stage of impaired air quality per RCW 70.94.473 or any 

stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, 

and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the 

environment. 

 Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of 

administering and enforcing the permit program. 

[1991 c 199 § 411; 1973 1st ex.s. c 193 § 10. Formerly RCW 70.94.780.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6518 

Limited outdoor burning — Establishment of program. 

Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional 

boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a 

program implementing the limited burning policy authorized by RCW 70.94.6514, 70.94.6518, 70.94.6520, 

70.94.6522, 70.94.6524, and 70.94.6526. 

[2009 c 118 § 201; 1997 c 225 § 2; 1972 ex.s. c 136 § 4. Formerly RCW 70.94.755.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.6520 

Limited outdoor burning — Construction. 

Nothing contained in RCW 70.94.6514, 70.94.6518, 70.94.6520, 70.94.6522, 70.94.6524, and 70.94.6526 is intended 

to alter or change the provisions of RCW 70.94.6534, 70.94.710 through70.94.730 , and 76.04.205. 

[2009 c 118 § 202; 1986 c 100 § 55; 1972 ex.s. c 136 § 5. Formerly RCW 70.94.760.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 
70.94.6522 

Limited outdoor burning — Authority of local air pollution control authority or 

department of ecology to allow outdoor fires not restricted. 

Nothing in RCW 70.94.6514, 70.94.6518, 70.94.6520, 70.94.6522, 70.94.6524, and 70.94.6526 shall be construed as 

prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional 

boundaries of an activated pollution control authority from allowing the burning of outdoor fires. 

[2009 c 118 § 203; 1972 ex.s. c 136 § 6. Formerly RCW 70.94.765.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.6524 

Limited outdoor burning — Program — Exceptions. 

(1) It shall be the responsibility and duty of the department of natural resources, department of ecology, department 

of agriculture, fire districts, and local air pollution control authorities to establish, through regulations, ordinances, or 

policy, a limited burning permit program. 

 (2) The permit program shall apply to residential and land clearing burning in the following areas: 

 (a) In the nonurban areas of any county with an unincorporated population of greater than fifty thousand; and 

 (b) In any city and urban growth area that is not otherwise prohibited from burning pursuant to RCW 70.94.6514. 

 (3) The permit program shall apply only to land clearing burning in the nonurban areas of any county with an 

unincorporated population of less than fifty thousand. 

 (4) The permit program may be limited to a general permit by rule, or by verbal, written, or electronic approval by 

the permitting entity. 

 (5) Notwithstanding any other provision of this section, neither a permit nor the payment of a fee shall be required 

for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted 

during an air pollution episode or any stage of impaired air quality declared under RCW 70.94.715. This subsection 

(5) shall only apply within counties with a population less than two hundred fifty thousand. 

 (6) Burning shall be prohibited in an area when an alternate technology or method of disposing of the organic 

refuse is available, reasonably economical, and less harmful to the environment. It is the policy of this state to foster 

and encourage development of alternate methods or technology for disposing of or reducing the amount of organic 

refuse. 

 (7) Incidental agricultural burning must be allowed without applying for any permit and without the payment of any 

fee if: 

 (a) The burning is incidental to commercial agricultural activities; 

 (b) The operator notifies the local fire department within the area where the burning is to be conducted; 

 (c) The burning does not occur during an air pollution episode or any stage of impaired air quality declared under 

RCW 70.94.715; and 
 (d) Only the following items are burned: 

 (i) Orchard prunings; 

 (ii) Organic debris along fence lines or irrigation or drainage ditches; or 

 (iii) Organic debris blown by wind. 

 (8) As used in this section, "nonurban areas" are unincorporated areas within a county that are not designated as 

urban growth areas under chapter 36.70A RCW. 

 (9) Nothing in this section shall require fire districts to enforce air quality requirements related to outdoor burning, 

unless the fire district enters into an agreement with the department of ecology, department of natural resources, a 

local air pollution control authority, or other appropriate entity to provide such enforcement. 

[2009 c 118 § 301; 1995 c 206 § 1; 1991 c 199 § 401; 1972 ex.s. c 136 § 2. Formerly RCW 70.94.745.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6526 

Limited outdoor burning — Permits issued by political subdivisions — Types of 

fires permitted. 

The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also 

subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of 

natural resources if a permit has been issued by a fire protection agency, county, or conservation district: 

 (1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands 

immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or 

his or her designee. 

 (2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation 

arising from land clearing projects or agricultural pursuits for pest or disease control; except that the fires described in 

this subsection may be prohibited in those areas having a general population density of one thousand or more 

persons per square mile. 

[2009 c 118 § 302; 1991 c 199 § 412; 1972 ex.s. c 136 § 3. Formerly RCW 70.94.750.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6528 

Permits — Issuance — Conditioning of permits — Fees — Agricultural burning 
practices and research task force — Development of public education materials 

— Agricultural activities. 

(1) Any person who proposes to set fires in the course of agricultural activities shall obtain a permit from an air 

pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 

70.94.6530. General permit criteria of statewide applicability shall be established by the department, by rule, after 

consultation with the various air pollution control authorities. 

 (a) Permits shall be issued under this section based on seasonal operations or by individual operations, or both. 

 (b) Incidental agricultural burning consistent with provisions established in RCW 70.94.6524 is allowed without 

applying for any permit and without the payment of any fee. 

 (2) The department of ecology, local air authorities, or a local entity with delegated permit authority shall: 

 (a) Condition all permits to ensure that the public interest in air, water, and land pollution and safety to life and 

property is fully considered; 

 (b) Condition all burning permits to minimize air pollution insofar as practical; 

 (c) Act upon, within seven days from the date an application is filed under this section, an application for a permit 

to set fires in the course of agricultural burning for controlling diseases, insects, weed abatement, or development of 

physiological conditions conducive to increased crop yield; 

 (d) Provide convenient methods for issuance and oversight of agricultural burning permits; and 

 (e) Work, through agreement, with counties and cities to provide convenient methods for granting permission for 

agricultural burning, including telephone, facsimile transmission, issuance from local city or county offices, or other 

methods. 

 (3) A local air authority administering the permit program under subsection (2) of this section shall not limit the 

number of days of allowable agricultural burning, but may consider the time of year, meteorological conditions, and 

other criteria specified in rules adopted by the department to implement subsection (2) of this section. 

 (4) In addition to following any other requirements established by the department to protect air quality pursuant to 

other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure 

to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully 

carry out the enterprise in which the applicant is engaged, or both. Nothing in this section relieves the applicant from 

obtaining permits, licenses, or other approvals required by any other law. 

 (5) The department of ecology, the appropriate local air authority, or a local entity with delegated permitting 

authority pursuant to RCW 70.94.6530 at the time the permit is issued shall assess and collect permit fees for burning 

under this section. All fees collected shall be deposited in the air pollution control account created in RCW 70.94.015, 

except for that portion of the fee necessary to cover local costs of administering a permit issued under this section. 

Fees shall be set by rule by the permitting agency at the level determined by the task force created by subsection (6) 

of this section, but fees for field burning shall not exceed three dollars and seventy-five cents per acre to be burned, 

or in the case of pile burning shall not exceed one dollar per ton of material burned. 

 (6) An agricultural burning practices and research task force shall be established under the direction of the 

department. The task force shall be composed of a representative from the department who shall serve as chair; one 

representative of eastern Washington local air authorities; three representatives of the agricultural community from 

different agricultural pursuits; one representative of the department of agriculture; two representatives from 

universities or colleges knowledgeable in agricultural issues; one representative of the public health or medical 

community; and one representative of the conservation districts. The task force shall: 

 (a) Identify best management practices for reducing air contaminant emissions from agricultural activities and 

provide such information to the department and local air authorities; 

 (b) Determine the level of fees to be assessed by the permitting agency pursuant to subsection (5) of this section, 

based upon the level necessary to cover the costs of administering and enforcing the permit programs, to provide 

funds for research into alternative methods to reduce emissions from such burning, and to the extent possible be 
consistent with fees charged for such burning permits in neighboring states. The fee level shall provide, to the extent 

possible, for lesser fees for permittees who use best management practices to minimize air contaminant emissions; 

 (c) Identify research needs related to minimizing emissions from agricultural burning and alternatives to such 

burning; and 

 (d) Make recommendations to the department on priorities for spending funds provided through this chapter for 

research into alternative methods to reduce emissions from agricultural burning. 

 (7) Conservation districts and the Washington State University agricultural extension program in conjunction with 

the department shall develop public education material for the agricultural community identifying the health and 

environmental effects of agricultural outdoor burning and providing technical assistance in alternatives to agricultural 

outdoor burning. 

 (8)(a) Outdoor burning that is normal, necessary, and customary to ongoing agricultural activities, that is 

consistent with agricultural burning authorized under this section and RCW 70.94.6532, is allowed within the urban 

growth area as described in RCW 70.94.6514 if the burning is not conducted during air quality episodes, or where a 

determination of impaired air quality has been made as provided in RCW 70.94.473, and the agricultural activities 

preceded the designation as an urban growth area. 

 (b) Outdoor burning of cultivated orchard trees, whether or not agricultural crops will be replanted on the land, 

shall be allowed as an ongoing agricultural activity under this section if a local horticultural pest and disease board 

formed under chapter 15.09 RCW, an extension office agent with Washington State University that has horticultural 

experience, or an entomologist employed by the department of agriculture, has determined in writing that burning is 

an appropriate method to prevent or control the spread of horticultural pests or diseases. 

[2010 c 70 § 1; 2009 c 118 § 401; 1998 c 43 § 1. Prior: 1995 c 362 § 1; 1995 c 58 § 1; 1994 c 28 § 2; 1993 c 353 § 1; 1991 c 199 § 408; 

1971 ex.s. c 232 § 1. Formerly RCW 70.94.650.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6530 

Delegation of permit issuance and enforcement to political subdivisions. 

Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional 

boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or 

conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of 

the kinds of burning identified in RCW 70.94.6528, 70.94.6546, and 70.94.6552 and desirous of doing so, the 

authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or 

enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or 

conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding 

that the fire protection agency, county, or conservation district is not effectively administering the permit program. 

[2009 c 118 § 402; 1993 c 353 § 2; 1991 c 199 § 409; 1973 1st ex.s. c 193 § 6. Formerly RCW 70.94.654.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
70.94.6532 

Open burning of grasses grown for seed — Alternatives — Studies — Deposit of 

permit fees in special grass seed burning account — Procedures — Limitations 

— Report. 

It is hereby declared to be the policy of this state that strong efforts should be made to minimize adverse effects on 

air quality from the open burning of field and turf grasses grown for seed. To such end this section is intended to 

promote the development of economical and practical alternate agricultural practices to such burning, and to provide 

for interim regulation of such burning until practical alternates are found. 

 (1) The department shall approve of a study or studies for the exploration and identification of economical and 

practical alternate agricultural practices to the open burning of field and turf grasses grown for seed. Any study 

conducted pursuant to this section shall be conducted by Washington State University. The university may not charge 

more than eight percent for administrative overhead. Prior to the issuance of any permit for such burning under RCW 

70.94.6528, there shall be collected a fee not to exceed one dollar per acre of crop to be burned. Any such fees 

received by any authority shall be transferred to the department of ecology. The department of ecology shall deposit 

all such acreage fees in a special grass seed burning research account, hereby created, in the state treasury. 

 (2) The department shall allocate moneys annually from this account for the support of any approved study or 

studies as provided for in subsection (1) of this section. Whenever the department of ecology shall conclude that 

sufficient reasonably available alternates to open burning have been developed, and at such time as all costs of any 

studies have been paid, the grass seed burning research account shall be dissolved, and any money remaining 

therein shall revert to the general fund. The fee collected under subsection (1) of this section shall constitute the 

research portion of fees required under RCW 70.94.6528 for open burning of grass grown for seed. 

 (3) Whenever on the basis of information available to it, the department after public hearings have been conducted 

wherein testimony will be received and considered from interested parties wishing to testify shall conclude that any 

procedure, program, technique, or device constitutes a practical alternate agricultural practice to the open burning of 

field or turf grasses grown for seed, the department shall, by order, certify approval of such alternate. Thereafter, in 

any case which any such approved alternate is reasonably available, the open burning of field and turf grasses grown 

for seed shall be disallowed and no permit shall issue therefor. 

 (4) Until approved alternates become available, the department or the authority may limit the number of acres on a 

pro rata basis among those affected for which permits to burn will be issued in order to effectively control emissions 

from this source. 

 (5) Permits issued for burning of field and turf grasses may be conditioned to minimize emissions insofar as 

practical, including denial of permission to burn during periods of adverse meteorological conditions. 

 (6) Every two years until grass seed burning is prohibited, Washington State University may prepare a brief report 

assessing the potential of the university's research to result in economical and practical alternatives to grass seed 

burning. 

[2009 c 118 § 403; 1998 c 245 § 130; 1995 c 261 § 1; 1991 sp.s. c 13 § 28; 1991 c 199 § 413; 1990 c 113 § 1; 1985 c 57 § 69; 1973 1st 

ex.s. c 193 § 7. Formerly RCW 70.94.656.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW 

18.08.240. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
 Effective date -- 1985 c 57: See note following RCW 18.04.105. 

Grass burning research advisory committee: Chapter 43.21E RCW. 

70.94.6534 

Burning permits for abating or prevention of forest fire hazards, management of 

ecosystems, instruction or silvicultural operations — Issuance. 

(1) The department of natural resources shall have the responsibility for issuing and regulating burning permits 

required by it relating to the following activities for the protection of life or property and/or for the public health, safety, 

and welfare: 

 (a) Abating a forest fire hazard; 

 (b) Prevention of a fire hazard; 

 (c) Instruction of public officials in methods of forest firefighting; 

 (d) Any silvicultural operation to improve the forest lands of the state; and 

 (e) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within 

state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife 

areas. 

 (2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the 

appropriate fire protection agency for permitting and regulating outdoor burning on lands where the department of 

natural resources does not have fire protection responsibility. 

 (3) Permit fees shall be assessed for silvicultural burning under the jurisdiction of the department of natural 

resources and collected by the department of natural resources as provided for in this section. All fees shall be 

deposited in the air pollution control account, created in RCW 70.94.015. The legislature shall appropriate to the 

department of natural resources funds from the air pollution control account to enforce and administer the program 

under this section and RCW 70.94.6536, 70.94.6538, and 70.94.6540. Fees shall be set by rule by the department of 

natural resources at the level necessary to cover the costs of the program after receiving recommendations on such 

fees from the public. 

[2010 1st sp.s. c 7 § 128; 2009 c 118 § 501; 1991 c 199 § 404; 1971 ex.s. c 232 § 2. Formerly RCW 70.94.660.] 

Notes:

 Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 

43.03.027. 

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

Burning permits, issuance, air pollution a factor: RCW 76.04.205. 

Disposal of forest debris: RCW 76.04.650. 
70.94.6536 

Silvicultural forest burning — Reduce statewide emissions — Exemption — 

Monitoring program. 

(1) The department of natural resources shall administer a program to reduce statewide emissions from silvicultural 

forest burning so as to achieve the following minimum objectives: 

 (a) Twenty percent reduction by December 31, 1994 providing a ceiling for emissions until December 31, 2000; 

and 

 (b) Fifty percent reduction by December 31, 2000 providing a ceiling for emissions thereafter. 

 Reductions shall be calculated from the average annual emissions level from calendar years 1985 to 1989, using 

the same methodology for both reduction and base year calculations. 

 (2) The department of natural resources, within twelve months after May 15, 1991, shall develop a plan, based 

upon the existing smoke management agreement to carry out the programs as described in this section in the most 

efficient, cost-effective manner possible. The plan shall be developed in consultation with the department of ecology, 

public and private landowners engaged in silvicultural forest burning, and representatives of the public. 

 The plan shall recognize the variations in silvicultural forest burning including, but not limited to, a landowner's 

responsibility to abate an extreme fire hazard under chapter 76.04 RCW and other objectives of burning, including 

abating and preventing a fire hazard, geographic region, climate, elevation and slope, proximity to populated areas, 

and diversity of land ownership. The plan shall establish priorities that the department of natural resources shall use 

to allocate allowable emissions, including but not limited to, silvicultural burning used to improve or maintain fire 

dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural 

resource conservation areas, parks, and other wildlife areas. The plan shall also recognize the real costs of the 

emissions program and recommend equitable fees to cover the costs of the program. 

 The emission reductions in this section are to apply to all forest lands including those owned and managed by the 

United States. If the United States does not participate in implementing the plan, the departments of natural 

resources and ecology shall use all appropriate and available methods or enforcement powers to ensure 

participation. 

 The plan shall include a tracking system designed to measure the degree of progress toward the emission 

reductions goals set in this section. The department of natural resources shall report annually to the department of 

ecology and the legislature on the status of the plan, emission reductions and progress toward meeting the objectives 

specified in this section, and the goals of this chapter and chapter 76.04 RCW. 

 (3) If the December 31, 1994, emission reductions targets in this section are not met, the department of natural 

resources, in consultation with the department of ecology, shall use its authority granted in this chapter and chapter 

76.04 RCW to immediately limit emissions from such burning to the 1994 target levels and limit silvicultural forest 

burning in subsequent years to achieve equal annual incremental reductions so as to achieve the December 31, 

2000, target level. If, as a result of the program established in this section, the emission reductions are met in 1994, 

but are not met by December 31, 2000, the department of natural resources in consultation with the department of 

ecology shall immediately limit silvicultural forest burning to reduce emissions from such burning to the December 31, 

2000, target level in all subsequent years. 

 (4) Emissions from silvicultural burning in eastern Washington that is conducted for the purpose of restoring forest 

health or preventing the additional deterioration of forest health are exempt from the reduction targets and 

calculations in this section if the following conditions are met: 

 (a) The landowner submits a written request to the department identifying the location of the proposed burning and 

the nature of the forest health problem to be corrected. The request shall include a brief description of alternatives to 

silvicultural burning and reasons why the landowner believes the alternatives not to be appropriate. 

 (b) The department determines that the proposed silvicultural burning operation is being conducted to restore 

forest health or prevent additional deterioration to forest health; meets the requirements of the state smoke 

management plan to protect public health, visibility, and the environment; and will not be conducted during an air 

pollution episode or during periods of impaired air quality in the vicinity of the proposed burn. 
 (c) Upon approval of the request by the department and before burning, the landowner is encouraged to notify the 

public in the vicinity of the burn of the general location and approximate time of ignition. 

 (5) The department of ecology may conduct a limited, seasonal ambient air quality monitoring program to measure 

the effects of forest health burning conducted under subsection (4) of this section. The monitoring program may be 

developed in consultation with the department of natural resources, private and public forest landowners, academic 

experts in forest health issues, and the general public. 

[1995 c 143 § 1; 1991 c 199 § 403. Formerly RCW 70.94.665.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6538 

Burning permits for abating or prevention of forest fire hazards, management of 

ecosystems, instruction or silvicultural operations — Conditions for issuance and 

use of permits — Air quality standards to be met — Alternate methods to lessen 

forest debris. 

The department of natural resources in granting burning permits for fires for the purposes set forth in RCW 

70.94.6534 shall condition the issuance and use of such permits to comply with air quality standards established by 

the department of ecology after full consultation with the department of natural resources. Such burning shall not 

cause the state air quality standards to be exceeded in the ambient air up to two thousand feet above ground level 

over critical areas designated by the department of ecology, otherwise subject to air pollution from other sources. Air 

quality standards shall be established and published by the department of ecology which shall also establish a 

procedure for advising the department of natural resources when and where air contaminant levels exceed or 

threaten to exceed the ambient air standards over such critical areas. The air quality shall be quantitatively measured 

by the department of ecology or the appropriate local air pollution control authority at established monitoring stations 

over such designated areas. Further, such permitted burning shall not cause damage to public health or the 

environment. All permits issued under this section shall be subject to all applicable fees, permitting, penalty, and 

enforcement provisions of this chapter. The department of natural resources shall set forth smoke dispersal 

objectives designed consistent with this section to minimize any air pollution from such burning and the procedures 

necessary to meet those objectives. 

 The department of natural resources shall encourage more intense utilization in logging and alternative silviculture 

practices to reduce the need for burning. The department of natural resources shall, whenever practical, encourage 

landowners to develop and use alternative acceptable disposal methods subject to the following priorities: (1) Slash 

production minimization, (2) slash utilization, (3) nonburning disposal, (4) silvicultural burning. Such alternative 

methods shall be evaluated as to the relative impact on air, water, and land pollution, public health, and their financial 

feasibility. 

 The department of natural resources shall not issue burning permits and shall revoke previously issued permits at 

any time in any area where the department of ecology or local board has declared a stage of impaired air quality as 

defined in RCW 70.94.473. 

[2009 c 118 § 502; 1991 c 199 § 405; 1971 ex.s. c 232 § 3. Formerly RCW 70.94.670.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
70.94.6540 

Cooperation between department of natural resources and state, local, or 

regional air pollution authorities — Withholding of permits. 

In the regulation of outdoor burning not included in RCW 70.94.6534 requiring permits from the department of natural 

resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating 

such burning so as to minimize insofar as possible duplicate inspections and separate permits while still 

accomplishing the objectives and responsibilities of the respective agencies. The department of natural resources 

shall include any local authority's burning regulations with permits issued where applicable pursuant to RCW 

70.94.6512, 70.94.6514, 70.94.6518, 70.94.6520, 70.94.6522, 70.94.6524, and 70.94.6526. The department shall 

develop agreements with all local authorities to coordinate regulations. 

 Permits shall be withheld by the department of natural resources when so requested by the department of ecology 

if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of 

ecology. 

[2009 c 118 § 503; 1991 c 199 § 406; 1971 ex.s. c 232 § 5. Formerly RCW 70.94.690.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6542 

Adoption of rules. 

The department of natural resources and the department of ecology may adopt rules necessary to implement their 

respective responsibilities under the provisions of RCW 70.94.6528, 70.94.6530, 70.94.6532, 70.94.6534, 

70.94.6536, 70.94.6538, 70.94.6540, 70.94.6542, and 70.94.6544. 

[2009 c 118 § 504; 1971 ex.s. c 232 § 6. Formerly RCW 70.94.700.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.6544 

Burning permits for regeneration of rare and endangered plants. 

Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found 

within natural area preserves as identified under chapter 79.70 RCW. Permits issued for burning under this section 

shall be drafted to minimize emissions including denial of permission to burn during periods of adverse 

meteorological conditions. 

[2009 c 118 § 703; 1991 c 199 § 407. Formerly RCW 70.94.651.] 

Notes:
 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.6546 

Aircraft crash rescue fire training — Training to fight structural fires — Training to 

fight forest fires — Other firefighter instruction. 

(1) Aircraft crash rescue fire training activities meeting the following conditions do not require a permit under this 

section, or under RCW 70.94.6512, 70.94.6514, 70.94.6516, 70.94.6518, 70.94.6520, 70.94.6522, 70.94.6524, and 

70.94.6526, from an air pollution control authority, the department, or any local entity with delegated permit authority: 

 (a) Firefighters participating in the training fires must be limited to those who provide firefighting support to an 

airport that is either certified by the federal aviation administration or operated in support of military or governmental 

activities; 

 (b) The fire training may not be conducted during an air pollution episode or any stage of impaired air quality 

declared under RCW 70.94.715 for the area where training is to be conducted; 

 (c) The number of training fires allowed per year without a permit shall be the minimum number necessary to meet 

federal aviation administration or other federal safety requirements; 

 (d) The facility shall use current technology and be operated in a manner that will minimize, to the extent possible, 

the air contaminants generated during operation; and 

 (e) The organization conducting training shall notify both the: (i) Local fire district or fire department; and (ii) air 

pollution control authority, department of ecology, or local entity delegated permitting authority under RCW 

70.94.6530, having jurisdiction within the area where training is to be conducted before the commencement of aircraft 

fire training. Written approval from the department or a local air pollution control authority shall be obtained prior to 

the initial operation of aircraft crash rescue fire training. Such approval will be granted to fire training activities 

meeting the conditions in this subsection. 

 (2) Aircraft crash rescue fire training activities conducted in compliance with subsection (1) of this section are not 

subject to the prohibition, in RCW 70.94.6512(1), of outdoor fires containing petroleum products and are not 

considered outdoor burning under RCW 70.94.6512, 70.94.6514, 70.94.6516, 70.94.6518, 70.94.6520, 70.94.6522, 

70.94.6524, and 70.94.6526. 

 (3) Training to fight structural fires located outside urban growth areas in counties that plan under the 

requirements of RCW 36.70A.040 and outside of any city with a population of ten thousand or more in all other 

counties does not need a permit under this section from an air pollution control authority or the department of 

ecology, but must be conducted in accordance with RCW 52.12.150. 

 (4) Training to fight forest fires does not require a permit from an air pollution control authority or the department of 

ecology. 

 (5) To provide for firefighting instruction in instances not governed by subsections (1) through (3) of this section, or 

other actions to protect public health and safety, the department or a local air pollution control authority may issue 

permits that allow limited burning of prohibited materials listed in RCW 70.94.6512(1). 

[2009 c 118 § 601.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 
70.94.6548 

Outdoor burning allowed for managing storm or flood-related debris. 

Consistent with RCW 70.94.6514, outdoor burning may be allowed anywhere in the state for the exclusive purpose of 

managing storm or flood-related debris. 

[2009 c 118 § 701.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.6550 

Fires necessary for Indian ceremonies or smoke signals. 

Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a 

religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of 

permission to burn during periods of adverse meteorological conditions. 

[2009 c 118 § 702.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.6552 

Permit to set fires for weed abatement. 

Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution 

control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70.94.6530. 

General permit criteria of statewide applicability shall be established by the department, by rule, after consultation 

with the various air pollution control authorities. Permits shall be issued under this section based on seasonal 

operations or by individual operations, or both. All permits shall be conditioned to insure that the public interest in air, 

water, and land pollution and safety to life and property is fully considered. In addition to any other requirements 

established by the department to protect air quality pursuant to other laws, applicants for permits must show that the 

setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all 

circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is 

engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this 

section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. An 

application for a permit to set fires in the course of weed abatement shall be acted upon within seven days from the 

date such application is filed. 

[2009 c 118 § 704.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 
70.94.6554 

Disposal of tumbleweeds. 

Consistent with RCW 70.94.6524, neither a permit nor the payment of a fee shall be required for outdoor burning for 

the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution 

episode or any stage of impaired air quality declared under RCW 70.94.715. This section shall only apply within 

counties with a population less than two hundred fifty thousand. 

[2009 c 118 § 705.] 

Notes:

 Purpose -- 2009 c 118: See note following RCW 70.94.6511. 

70.94.710 

Air pollution episodes — Legislative finding — Declaration of policy. 

The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into 

which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in 

the area affected will be detrimental to public health or safety. Whenever such conditions, herein denominated as air 

pollution episodes, are forecast, there is a need for rapid short-term emission reduction in order to avoid adverse 

health or safety consequences. 

 Therefore, it is declared to be the policy of this state that an episode avoidance plan should be developed and 

implemented for the temporary reduction of emissions during air pollution episodes. 

 It is further declared that power should be vested in the governor to issue emergency orders for the reduction or 

discontinuance of emissions when such emissions and weather combine to create conditions imminently dangerous 

to public health and safety. 

[1971 ex.s. c 194 § 1.] 

70.94.715 

Air pollution episodes — Episode avoidance plan — Contents — Source emission 

reduction plans — Authority — Considered orders. 

The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased 

reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan 

shall conform with any applicable federal standards and shall be effective statewide. The episode avoidance plan 

may be implemented on an area basis in accordance with the occurrence of air pollution episodes in any given area. 

 The department of ecology may delegate authority to adopt source emission reduction plans and authority to 

implement all stages of occurrence up to and including the warning stage, and all intermediate stages up to the 

warning stage, in any area of the state, to the air pollution control authority with jurisdiction therein. 

 The episode avoidance plan, which shall be established by regulation in accordance with chapter 34.05 RCW, 

shall include, but not be limited to the following: 

 (1) The designation of episode criteria and stages, the occurrence of which will require the carrying out of 

preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) 

emergency, and such intermediate stages as the department shall designate. "Forecast" means the presence of 

meteorological conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. 
The department shall not call a forecast episode prior to the department or an authority calling a first stage impaired 

air quality condition as provided by RCW 70.94.473(1)(b) or calling a single-stage impaired air quality condition as 

provided by *RCW 70.94.473(2). "Alert" means concentration of air contaminants at levels at which short-term health 

effects may occur, and is the second stage of an episode. "Warning" means concentrations are continuing to 

degrade, contaminant concentrations have reached a level which, if maintained, can result in damage to health, and 

additional control actions are needed and is the third level of an episode. "Emergency" means the air quality is posing 

an imminent and substantial endangerment to public health and is the fourth level of an episode; 

 (2) The requirement that persons responsible for the operation of air contaminant sources prepare and obtain 

approval from the director of source emission reduction plans, consistent with good operating practice and safe 

operating procedures, for reducing emissions during designated episode stages; 

 (3) Provision for the director of the department of ecology or his authorized representative, or the air pollution 

control officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and 

terminate the forecast, alert, warning and all intermediate stages, up to the warning episode stage, such declarations 

constituting orders for action in accordance with applicable source emission reduction plans; 

 (4) Provision for the governor to declare and terminate the emergency stage and all intermediate stages above the 

warning episode stage, such declarations constituting orders in accordance with applicable source emission 

reduction plans; 

 (5) Provisions for enforcement by state and local police, personnel of the departments of ecology and social and 

health services, and personnel of local air pollution control agencies; and 

 (6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice 

and safe operating procedures, under an air pollution emergency as provided in RCW 70.94.720. 

 Source emission reduction plans shall be considered orders of the department and shall be subject to appeal to 

the pollution control hearings board according to the procedure in chapter 43.21B RCW. 

[1990 c 128 § 4; 1971 ex.s. c 194 § 2.] 

Notes:

 *Reviser's note: RCW 70.94.473 was amended by 1995 c 205 § 1, which deleted 

subsection (2). 

70.94.720 

Air pollution episodes — Declaration of air pollution emergency by governor. 

Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing 

imminent danger to public health or safety, he may declare an air pollution emergency and may order the person or 

persons responsible for the operation of such air contaminant source or sources to reduce or discontinue emissions 

consistent with good operating practice, safe operating procedures and source emission reduction plans, if any, 

adopted by the department of ecology or any local air pollution control authority to which the department of ecology 

has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and 

may be issued without prior notice or hearing. In the absence of the governor, any findings, declarations and orders 

authorized by this section may be made and issued by his authorized representative. 

[1971 ex.s. c 194 § 3.] 
70.94.725 

Air pollution episodes — Restraining orders, temporary injunctions to enforce 

orders — Procedure. 

Whenever any order has been issued pursuant to RCW 70.94.710 through 70.94.730, the attorney general, upon 

request from the governor, the director of the department of ecology, an authorized representative of either, or the 

attorney for a local air pollution control authority upon request of the control officer, shall petition the superior court of 

the county in which is located the air contaminant source for which such order was issued for a temporary restraining 

order requiring the immediate reduction or discontinuance of emissions from such source. 

 Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing 

thereon at its earliest convenience, at which time the court may withdraw the restraining order or grant such 

temporary injunction as is reasonably necessary to prevent injury to the public health or safety. 

[1971 ex.s. c 194 § 4.] 

70.94.730 

Air pollution episodes — Orders to be effective immediately. 

Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70.94.715, and to declare 

an air pollution emergency, under RCW 70.94.720, and orders to persons responsible for the operation of an air 

contaminant source to reduce or discontinue emissions, according to RCW 70.94.715 and 70.94.720 shall be 

effective immediately and shall not be stayed pending completion of review. 

[1971 ex.s. c 194 § 5.] 

70.94.785 

Plans approved pursuant to federal clean air act — Enforcement authority. 

Notwithstanding any provision of the law to the contrary, except *RCW 70.94.660 through 70.94.690, the department 

of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall 

have the authority to enforce all regulatory provisions within such plan (or part thereof): PROVIDED, That 

departmental enforcement of any such provision which is within the power of an activated authority to enforce shall 

be initiated only, when with respect to any source, the authority is not enforcing the provisions and then only after 

written notice is given the authority. 

[1973 1st ex.s. c 193 § 11.] 

Notes:

 *Reviser's note: RCW 70.94.660 through 70.94.690 were recodified as RCW 

70.94.6534 through 70.94.6540 respectively pursuant to 2009 c 118 § 802. 

70.94.800 

Legislative declaration — Intent. 
The legislature recognizes that: 

 (1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides 

pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to 

be highly sensitive to acidification; 

 (2) Failure to act promptly and decisively to mitigate or eliminate this danger may soon result in untold and 

irreparable damage to the fish, forest, wildlife, agricultural, water, and recreational resources of this state; 

 (3) There is a direct correlation between emissions of sulphur dioxides and nitrogen oxides and increases in acid 

deposition; 

 (4) Acidification is cumulative; and 

 (5) Once an environment is acidified, it is difficult, if not impossible, to restore the natural balance. 

 It is therefore the intent of the legislature to provide for early detection of acidification and the resulting 

environmental degradation through continued monitoring of acid deposition levels and trends, and major source 

changes, so that the legislature can take any necessary action to prevent environmental degradation resulting from 

acid deposition. 

[1985 c 456 § 1; 1984 c 277 § 1.] 

70.94.805 

Definitions. 

As used in RCW 70.94.800 through *70.94.825, the following terms have the following meanings. 

 (1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less 

than 5.6. 

 (2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at which irreparable 

damage may occur unless corrective action is taken. 

[1985 c 456 § 2; 1984 c 277 § 2.] 

Notes:

 *Reviser's note: RCW 70.94.810, 70.94.815, and 70.94.825 were repealed by 1991 

c 199 § 718. 

70.94.820 

Monitoring by department of ecology. 

The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, 

and soil acidification to ensure early detection of acidification and environmental degradation. 

[1987 c 505 § 61; 1985 c 456 § 5; 1984 c 277 § 6.] 
70.94.850 

Emission credits banking program — Amount of credit. 

The department of ecology and the local boards may implement an emission credits banking program. For the 

purposes of this section, an emission credits banking program means a program whereby an air contaminant source 

which reduces emissions of a given air contaminant by an amount greater than that required by applicable law, 

regulation, or order is granted credit for a given amount, which credit shall be administered by a credit bank operated 

by the appropriate agency. The amount of the credit shall be determined by the department or local board with 

jurisdiction, but it shall be less than the amount of the emissions reduction. The credit may be used, traded, sold, or 

otherwise expended for purposes established by regulation of state or local agencies consistent with the provisions of 

the prevention of significant deterioration program under RCW 70.94.860, the bubble program under RCW 70.94.155, 

and the new source review program under RCW 70.94.152, if there will be no net adverse impact on air quality. 

[1984 c 164 § 1.] 

70.94.860 

Department of ecology may accept delegation of programs. 

The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to 

federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a 

given area. 

[1991 c 199 § 312; 1984 c 164 § 2.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.875 

Evaluation of information on acid deposition in Pacific Northwest — 

Establishment of critical levels — Notification of legislature. 

The department of ecology, in consultation with the appropriate committees of the house of representatives and of 

the senate, shall: 

 (1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region; 

 (2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and 

 (3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established 

under subsection (2) of this section. 

[1991 c 199 § 313; 1985 c 456 § 3.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
70.94.880 

Establishment of critical deposition and acidification levels — Considerations. 

In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology 

shall consider: 

 (1) Current acid deposition and lake, stream, and soil acidification levels; 

 (2) Changes in acid deposition and lake, stream, and soil acidification levels; 

 (3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and 

 (4) The need to prevent environmental degradation. 

[1985 c 456 § 4.] 

70.94.892 

Carbon dioxide mitigation — Fees. 

(1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating 

capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled 

floating thermal electric generation facilities under the jurisdiction of the energy facility site evaluation council 

pursuant to RCW 80.50.010, the department or authority shall implement a carbon dioxide mitigation program 

consistent with the requirements of chapter 80.70 RCW. 

 (2) For mitigation projects conducted directly by or under the control of the applicant, the department or local air 

authority shall approve or deny the mitigation plans, as part of its action to approve or deny an application submitted 

under RCW 70.94.152 based upon whether or not the mitigation plan is consistent with the requirements of chapter 

80.70 RCW. 

(3) The department or authority may determine, assess, and collect fees sufficient to cover the costs to review and 

approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW 

70.94.152. The department or authority may also collect fees sufficient to cover its additional costs to monitor 

conformance with the carbon dioxide mitigation plan components of the registration and air operating permit 

programs authorized in RCW 70.94.151 and 70.94.161. The department or authority shall track its costs related to 

review, approval, and monitoring conformance with carbon dioxide mitigation plans. 

[2004 c 224 § 8.] 

70.94.901 

Construction — 1967 c 238. 

This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in 

any way any private rights in any civil action for damages. Any determination that there has been a violation of the 

provisions of this 1967 amendatory act or of any ordinance, rule, regulation or order issued pursuant thereto, shall not 

create by reason thereof any presumption or finding of fact or of law for use in any lawsuit brought by a private 

citizen. 

[1967 c 238 § 65.] 
70.94.902 

Construction, repeal of RCW 70.94.061 through 70.94.066 — Saving. 

The following acts or parts of acts are each repealed: 

 (1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061; 

 (2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062; 

 (3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064; and 

 (4) Section 10, chapter 238, Laws of 1967, and RCW 70.94.066. 

 Such repeals shall not be construed as affecting any authority in existence on April 24, 1969, nor as affecting any 

action, activities or proceedings initiated by such authority prior hereto, nor as affecting any civil or criminal 

proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such 

authority, nor any administrative action taken by such authority, nor the term of office, or appointment or employment 

of any person appointed or employed by such authority. 

[1969 ex.s. c 168 § 46.] 

70.94.904 

Effective dates — 1991 c 199. 

Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect 

January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992. 

 The remainder of this act is necessary for the immediate preservation of the public peace, health, or safety, or 

support of the state government and its existing public institutions, and shall take effect immediately. 

[1991 c 199 § 717.] 

70.94.905 

Severability — 1991 c 199. 

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or 

the application of the provision to other persons or circumstances is not affected. 

[1991 c 199 § 719.] 

70.94.906 

Captions not law. 

Captions and headings as used in this act constitute no part of the law. 

[1991 c 199 § 720.] 
70.94.911 

Severability — 1967 c 238. 

If any phrase, clause, subsection or section of this 1967 amendatory act shall be declared unconstitutional or invalid 

by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this 

act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the act 

shall not be affected as a result of said part being held unconstitutional or invalid. 

[1967 c 238 § 64.] 

70.94.960 

Clean fuel matching grants for public transit, vehicle mechanics, and refueling 

infrastructure. 

The department may disburse matching grants from funds provided by the legislature from the air pollution control 

account, created in RCW 70.94.015, to units of local government to partially offset the additional cost of purchasing 

"clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly 

owned school buses are considered public transit for the purposes of this section. The department may also disburse 

grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle 

mechanics. The department may also distribute grants to Washington State University for the purpose of furthering 

the establishment of clean fuel refueling infrastructure. 

[1996 c 186 § 517; 1991 c 199 § 218.] 

Notes:

 Findings -- Intent -- Part headings not law -- Effective date -- 1996 c 186: See 

notes following RCW 43.330.904. 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

Clean fuel: RCW 70.120.210. 

Refueling: RCW 80.28.280. 

State vehicles: RCW 43.19.637. 

70.94.970 

Chlorofluorocarbons — Ozone — Refrigerants regulated. 

(1) Regulated refrigerant means a class I or class II substance as listed in Title VI of section 602 of the federal clean 

air act amendments of November 15, 1990. 

 (2) A person who services or repairs or disposes of a motor vehicle air conditioning system; commercial or 

industrial air conditioning, heating, or refrigeration system; or consumer appliance shall use refrigerant extraction 
equipment to recover regulated refrigerant that would otherwise be released into the atmosphere. This subsection 

does not apply to off-road commercial equipment. 

 (3) Upon request, the department shall provide information and assistance to persons interested in collecting, 

transporting, or recycling regulated refrigerants. 

 (4) The willful release of regulated refrigerant from a source listed in subsection (2) of this section is prohibited. 

[1991 c 199 § 602.] 

Notes:

 Finding -- 1991 c 199: "The legislature finds that: 

 (1) The release of chlorofluorocarbons and other ozone-depleting chemicals into the 

atmosphere contributes to the destruction of stratospheric ozone and threatens plant 

and animal life with harmful overexposure to ultraviolet radiation; 

 (2) The technology and equipment to extract and recover chlorofluorocarbons and 

other ozone-depleting chemicals from air conditioners, refrigerators, and other 

appliances are available; 

 (3) A number of nonessential consumer products contain ozone-depleting chemicals; 

and 

 (4) Unnecessary releases of chlorofluorocarbons and other ozone-depleting 

chemicals from these sources should be eliminated." [1991 c 199 § 601.] 

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.980 

Refrigerants — Unlawful acts. 

No person may sell, offer for sale, or purchase any of the following: 

 (1) A regulated refrigerant in a container designed for consumer recharge of a motor vehicle air conditioning 

system or consumer appliance during repair or service. This subsection does not apply to a regulated refrigerant 

purchased for the recharge of the air conditioning system of off-road commercial or agricultural equipment and sold or 

offered for sale at an establishment which specializes in the sale of off-road commercial or agricultural equipment or 

parts or service for such equipment; 

 (2) Nonessential consumer products that contain chlorofluorocarbons or other ozone-depleting chemicals, and for 

which substitutes are readily available. Products affected under this subsection shall include, but are not limited to, 

party streamers, tire inflators, air horns, noise makers, and chlorofluorocarbon-containing cleaning sprays designed 

for noncommercial or nonindustrial cleaning of electronic or photographic equipment. 

[1991 c 199 § 603.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 
70.94.990 

Refrigerants — Rules — Enforcement provisions, limitations. 

The department shall adopt rules to implement RCW 70.94.970 and 70.94.980. Rules shall include but not be limited 

to minimum performance specifications for refrigerant extraction equipment, as well as procedures for enforcing RCW 

70.94.970 and 70.94.980. 

 Enforcement provisions adopted by the department shall not include penalties or fines in areas where equipment 

to collect or recycle regulated refrigerants is not readily available. 

[1991 c 199 § 604.] 

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011. 

70.94.996 

Grant program for ride sharing. (Expires January 1, 2014.) 

(1) To the extent that funds are appropriated, the department of transportation shall administer a performance-based 

grant program for private employers, public agencies, nonprofit organizations, developers, and property managers 

who provide financial incentives for ride sharing in vehicles carrying two or more persons, for using public 

transportation, for using car sharing, or for using nonmotorized commuting, including telework, before July 1, 2013, to 

their own or other employees. 

 (2) The amount of the grant will be determined based on the value to the transportation system of the vehicle trips 

reduced. The *commute trip reduction task force shall develop an award rate giving priority to applications achieving 

the greatest reduction in trips and commute miles per public dollar requested and considering the following criteria: 

The local cost of providing new highway capacity, congestion levels, and geographic distribution. 

 (3) No private employer, public agency, nonprofit organization, developer, or property manager is eligible for 

grants under this section in excess of one hundred thousand dollars in any fiscal year. 

 (4) The total of grants provided under this section may not exceed seven hundred fifty thousand dollars in any 

fiscal year. However, this subsection does not apply during the 2003-2005 fiscal biennium. 

 (5) The department of transportation shall report to the department of revenue by the 15th day of each month the 

aggregate monetary amount of grants provided under this section in the prior month and the identity of the recipients 

of those grants. 

 (6) The source of funds for this grant program is the multimodal transportation account. 

 (7) This section expires January 1, 2014. 

[2004 c 229 § 501; 2003 c 364 § 9.] 

Notes:

 *Reviser's note: The "commute trip reduction task force" was renamed the 

"commute trip reduction board" by 2006 c 329 § 7. 
Severability -- 2004 c 229: "If any provision of this act or its application to any person 

or circumstance is held invalid, the remainder of the act or the application of the 

provision to other persons or circumstances is not affected." [2004 c 229 § 507.] 

 Effective date -- 2004 c 229: "This act is necessary for the immediate preservation 

of the public peace, health, or safety, or support of the state government and its existing 

public institutions, and takes effect immediately [March 31, 2004]." [2004 c 229 § 508.] 

 Effective date -- Contingency -- Captions not law -- 2003 c 364: See notes 

following RCW 82.70.020.