# 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 agr eements -- Effect on chapter.

70.94.035 Technical assistance program for regulated community.

70.94.037 Transportation activities -- "Confo rmity" determination requirements.

70.94.040 Causing or permitting air pollu tion unlawful -- Exception.

70.94.041 Exception -- Burning wood at historic structure.

70.94.053 Air pollution control authorities created -- Activated authorities, composition, meetings -- Delin eation 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 authorit ies to form multicounty or regional authority -- Procedure.

70.94.069 Merger of active and inactive authorit ies to form multicounty or regional authority -- Reorganization of board of directors -- Rules and regulations.

70.94.070 Resolutions activating authorities -- C ontents -- 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 -- Elec tion, 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 aut hority treasurer and auditor -- Duties.

70.94.095 Assessed valuation of taxa ble 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 -- Boar d 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 -- B oard of directors -- Powers, quorum, officers, compensation.

70.94.141 Air pollution control authority -- Powers and duties of ac tivated authority.

70.94.142 Subpoena powers -- Witnesses, ex penses and mileage -- Rules and regulations.

70.94.143 Federal aid.

70.94.151 Classification of air contaminant sources -- Registra tion -- Fee -- Registration program defined -- Adopt ion of rules requiring persons to report emissions of greenhouse gases.

70.94.152 Notice may be required of constr uction of proposed new contaminant source -- Submission of plans -- Appr oval, disapproval -- Emission control

-- "De minimis new sources" defined.

70.94.153 Existing stationary source -- Replacem ent or substantial alteration of emission control technology.

70.94.154 RACT requirements.

70.94.155 Control of emissions -- Bubble co ncept -- 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 pr ogram 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 -- Consi derations -- Limitations -- Renewals--

Review.

70.94.200 Investigation of conditions by cont rol officer or department -- Entering private, public property.

70.94.205 Confidentiality of records and information.

70.94.211 Enforcement actions by air author ity -- Notice to violators.

70.94.221 Order final unless appealed to po llution control hearings board.

70.94.230 Rules of authority supersede local rule s, regulations, etc. -- Exceptions.

## 70.94.231 Air pollution control authority -- Dissoluti on of prior distri cts -- 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 mu lticounty 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 acti ons -- 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 gov ernmental 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 -- Regulati on by department; authorities may be more stringent -- H earing -- Standards.

70.94.400 Order activating authority -- Filin g -- Hearing -- Amendment of order.

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

70.94.410 Air pollution control authority -- A ssumption 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 r adionuclides -- Energy facility site evaluation council authority ov er permit prog ram sources.

70.94.425 Restraining orders -- Injunctions.

70.94.430 Penalties.

70.94.431 Civil penalties -- Excusabl e excess emissions.

70.94.435 Additional means for enf orcement of chapter.

70.94.440 Short title.

70.94.450 Woodstoves -- Policy.

70.94.453 Woodstoves -- Definitions.

70.94.455 Residential and commercial constr uction -- 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 -- Applic ation 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' asso ciation 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 wit h federal government.

70.94.521 Transportation demand m anagement -- Findings.

70.94.524 Transportation demand managem ent -- Definitions.

70.94.527 Transportation demand m anagement -- Requirements for counties and

cities.

70.94.528 Transportation demand m anagement -- Growth and transportation efficiency centers.

70.94.531 Transportation demand m anagement -- Requirements for employers.

70.94.534 Transportation demand m anagement -- Jurisdictions' review and penalties.

70.94.537 Transportation demand manage ment -- Commute tr ip reduction board.

70.94.541 Transportation demand management -- Technical assistance.

70.94.544 Transportation demand managem ent -- Use of funds.

70.94.547 Transportation demand m anagement -- Intent -- State leadership.

70.94.551 Transportation demand management -- State agencies -- Joint comprehensive commute trip reduction plan -- Reports.

70.94.555 Transportation demand m anagement -- Collectiv e bargaining powers

unaffected.

70.94.600 Reports of authorities to departm ent 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 -- C oal-fired thermal el ectric generation facilities -- Application -- Determi nation and assessment of progress -- Certification of pollution level -- Re imbursement -- Time limit for and

extension of account.

70.94.640 Odors or fugitive dust caused by agricul tural activities consistent with good agricultural practices exempt from chapter.

70.94.645 Ammonia emissions from use as agricul tural 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 prohi bited -- 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 -- Es tablishment 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 allo w 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 -- Ag ricultural activities.

70.94.6530 Delegation of permit iss uance and enforcement to political subdivisions.

70.94.6532 Open burning of grasses grown for seed -- Alternatives -- Studies -- Deposit of permit fees in spec ial grass seed burning account -- Procedures -- Limitations -- Report.

70.94.6534 Burning permits for abating or prev ention 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 prev ention of forest fire hazards, management of ecosystems, instruction or silvicultural operations -- Conditions for issuance and use of permi ts -- 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 authoritie s -- 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 st ructural fires -- Training to fight fore st fires -- Other fire fighter instruction.

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

70.94.6550 Fires necessary for Indian cere monies 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 avoi dance plan -- Contents -- Source emission reduction plans -- Auth ority -- Considered orders.

70.94.720 Air pollution episodes -- Declarati on 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 progr am -- Amount of credit.

70.94.860 Department of ecology may accept delegation of programs.

70.94.875 Evaluation of information on acid depos ition in Pacific Northwest --

Establishment of critical levels -- Notification of legislature.

70.94.880 Establishment of critical deposit ion 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 -- Enforc ement 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 Washingt on's inhabitants, to promote the ec onomic and social development of the state, and to facilitate the enjoyment of the natural a ttractions of the state.

It is further the intent of this chapter to protect t he public welfare, to preserve visi bility, to protect scenic, aesthet ic, historic, and cultural values, and to prevent air pollution prob lems that interfere with the enjoyment of life, property, or

natural attractions.

Because of the extent of the ai r pollution problem the legislature finds it necessary to return areas with poor air quality to levels adequate to protect health and the environ ment as expeditiously as possible but no later than December 31, 1995. Further, it is the int ent 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 pr ojects may affect other environmental media. In selecting air pollution control strategies state and local agencies sh all support those strategies that lessen the negative environmental impact of the project on all environm ental media, including air, water, and land.

The legislature further recognizes that energy e fficiency 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 t hat the costs of protecting the air resource and operating state and local air pollution control programs shall be shared as equitably as possibl e 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 maintenanc e of appropriate levels of air quality.

To these ends it is the purpose of this chapter to safeguard the public interest thr ough an intensive, progressive,and coordinated statewide program of air pollution prevention and control, to pr ovide for an appropriate distribution of responsibilities, and to encourage coordination and cooperat ion between the state, regi onal, and local units of government, to improve cooperation between state and fede ral 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 effect s of air pollution cross politic al boundaries, are frequently regional or interjurisdictional in nature, and are depen dent 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 seri ous problems for the public and the environment.

The legislature further recognizes that air emi ssions from thousands of small individual sources are major contributors to air pollution in many regions of the stat e. As the population of a r egion 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 thos e small sources whose aggregate emissions constitute a significant contribution to air pollution in a particular region.

It is the intent of the legisl ature that air pollution goals be incorporat ed 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 ambi ent air pollution is the most serious environmental threat in Washington st ate. 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 resi dents of Washington state live where air pollution levels are
considered unhealthful. Of all toxic chemic als released into the environment more than half enter our breathing air. Citizens of Wa shington state spend hundr eds of millions of dollars annually to offset health, environment al, and material damage caused by air pollution. The legislature considers such ai r pollution levels, costs, and damages to be unacceptable.

It is the intent of th is act that the implementation of programs and regulations to control air pollution shall be the primary re sponsibility of the depar tment of ecology and local air pollution control aut horities." [1991 c 199 § 101.]

Alternative fuel and solar powered vehicles -- 1991 c 199: "The department of ecology shall contract with Western Wash ington 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 re search 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 st ate 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)

and 70.94.154 (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 accord ance 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 ai r pollution regulatory programs by such authority; and

(c) The amount of funding available to such authority fr om other sources, whether stat e, federal, or local, that could be used to implement such programs.

(3) The air operating permit account is created in the cu stody of the state treasurer. Al l 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 fr om 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 1s t 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 di stribution. (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 pollu tion 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 aut hority. 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 authori ties 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 em ission control devices or to provide funding for fueling

infrastructure necessa ry to allow school bus fleets to use alternative, cl eaner 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 be nefits 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 cle an 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 s ubaccount 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 headi ngs 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, heal th, or safety, or support of the state government and its existing public institut ions, 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 at mosphere 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 conc entration, 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 agenc y 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 th is chapter emitted from or that results from any new or modified stationary source, that the pe rmitting 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" resu lt 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 direct or by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this subsecti on 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 t he best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limit ation must be established, on a case-by-case basis, taking into consideration the technology availa ble, the costs of compliance, the e nergy and nonair quality environmental impacts of compliance, any pollution cont rol 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 reaso nably be anticipated to result from the use of the technology.

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

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

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

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

(12) "Emission standard" and "emission limitation" me an a requirement established un der the federal clean air act or this chapter that limits t he quantity, rate, or concentration of emission s 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 oper ational 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) mean s for any source that rate of emissions that reflects:

(a) The most stringent emission lim itation 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 demon strates that such limitations are not achievable; or

(b) The most stringent emission lim itation 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 ap plicable new source performance standards.

(15) "Modification" means any physical change in, or change in the method of operat ion of, a stationary source that increases the amount of any air c ontaminant emitted by such source or t hat results in the emission of any air contaminant not previously emitted. The term modificati on 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 aut hority which consists of two or more counties.

(17) "New source" means (a) the construction or modifi cation of a stationary source that increases the amount of any air contaminant emitted by such s ource or that results in the emission of any air contaminant not previously emitted, and (b) any other project that constitute s a new source under the federal clean air act.

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

70.94.161

.

(19) "Person" means an individual, firm, public or priv ate corporation, association, par tnership, 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 meetin g by the application of control techno logy 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 c ontrols, the impact of additional controls on air quality, and the capital and operating costs of t he 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 fi ber on forest land consistent with the provisions of *RCW

70.94.660

.

(22) "Source" means all of the emissions units includ ing quantifiable fugitive emissi ons, that are located on one or more contiguous or adjacent properties, and are under t he control of the same pers on, 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, structur e, facility, or installation t hat emits or may emit any air

contaminant.

(24) "Trigger level" means the ambient level of fi ne particulates, measured in micr ograms 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 a ccordance 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 with in 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 par t 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 violat ions. 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 duri ng such a visit. However, violations shall be reported to the appr opriate enforcement agency and the fac ility 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 un til the facility owner or operator has been provided

reasonable time to correct the violation. Violations that place any person in imminent d anger of death or substantial bodily harm or cause physical damage to the property of an other 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 — "Confo rmity" determination requirements.

In areas subject to a state implementation plan, no stat e agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, progra m, or project within or that affects a nonattainment

area unless a determination has been made t hat the plan, program, or project conf orms with the state implementation plan for air quality as required by the federal clean air act.Conformity determination shall be made by the stat e 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 d epartment of ecology and the secretary of transportation, in consultation with other state, regional, an d local agencies as appropriate, shall adopt by rule criteria and guidance for demonstrating and assuring conformity of pl ans, 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 sect ion, any building or structur e listed on the national regi ster of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on th e 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 po llution regions, considerations.

(1) In each county of the state there is hereby created an air pollution control aut hority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be co extensive with the boundaries of thecounty within which it is located. An authority shall incl ude 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 chapt er. 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 acti vated 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 h undred 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 resoluti ons, or their enforcement, are in adequate to prevent or control air pollution,

it may by resolution activate an air pollution control author ity 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 contig uous 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 aut hority 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 inacti ve authorities to form mult icounty 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 authorit y. Upon a determination that the purposes of this chapter will be served by such me rger, 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 inacti ve authorities to form mult icounty or regional authority — Reorganization of board of di rectors — Rules and regulations.

Whenever there occurs a merger of an inactive authority with an activated authority or author ities, or of two activated authorities to form a multicounty aut hority, the board of di rectors 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 activa ted authorities the rules and regu lations 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 t he 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 re gulations of the activated authority or authorities shall remain in effect until superseded by the rules and regulations of t he 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 — Cont ents — 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 plac e of business; the territory included within it; and the effective date upon which such authority shall begin to trans act 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 contro l 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 authorit y, the governing body of each shall ca use a certified copy of each such

ordinance or resolution to be filed in the office of the secret ary 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 resolu tion, or resolutions, or the date specified in such resolution or resolutions, whicheve r is later, the authority may begin to function and may exercise its powers.

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

this section to be filed in the office of the se cretary 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 corpor ation; have right to perpetual succession; adopt and use a seal; may sue and be sued in the name of the authority in al l courts and in all proceedings; and, may receive, account for, and disburse funds, employ personnel, and acquire or dispos e of any interest in real or personal property within or without the authority in th e 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 reasonabl e 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 identif y 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-reimburse ment 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 aut hority may also use funds provided under a costreimbursement agreement to hire temporary employees, to assi gn current staff to review the work of the consultant, to provide necessary technical assistance when an inde pendent 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 t he 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 cons ultants 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 negativ ely impact the processing of other permit applications. In order to maintain permit processing capacity, the agency ma y hire outside consultants, temporary employees, or make internal administrative changes. Consultants or te mporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agen ts 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 contro l authority's board of directors shall be considered as state officers, and employees of the air pol lution control authority shall be consider ed 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 additiona l taxes in excess of the consti tutional and/or statutory tax limitations for any of the authorized pu rposes 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 Consti tution of this state, as am ended by Amendment 59 and as thereafter amended. Nothing herein shall be construed to pr event 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 termi nation 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 aut hority budget shall contain adequate funding and provide for staff sufficient to carry ou t the provisions of all applicable ordinances, resolutions, and local regulations related to the reduction, prevention, a nd control of air pollution. T he legislature acknowledges the need for the state to provide reason able 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 "supplement al income" and shall be obtained from the component cities, towns, and counties in the manner provided in this chapter. T he affirmative vote of three-fourths of all members of the board shall be required to author ize 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 s upplemental 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 co mbination 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 pr oportion of the supplemental in come as the assessed valuation of property within its limits bears to the total assessed valu ation of taxable property with in the activated authority.

(b) Each component city or town shall pay such prop ortion of the supplemental income as the total population of such city or town bears to the total population of the acti vated 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) an d (b) of this subsection: PROVIDED, That such combination shall be of fifty percent of the method pr escribed 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 co mbination 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 coun ty 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 po pulation of the activated aut hority. The population of the county shall be determined by the most recent census, estima te or survey by the federal bureau of census or any

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

(c) A combination of the methods prescribed in (a) an d (b) of this subsection: PROVIDED, That such combination shall be of fifty percent of the method pr escribed 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 supple mental 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 s hall 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 desig nated by the board as the treasurer for the authority. The treasurer of the county desi gnated 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 au thority, as author ized by the board.

If an authority chooses to use a county auditor for the disbursement of funds, t he respective county shall be reimbursed by the board for services rendered by the audito r 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 annual ly to the board the aggregate assessed valuation of all taxable property in all incorporated and un incorporated areas situated in an y activated authority as the same appears from the last a ssessment 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 authori zed 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 an d the legislative bodies of any such component city, town or county to provide fund s 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 autho rity and expend funds for the conduct of special studies, investigations, plans, research, advice, or consultation rela ting 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, inve stigations, plans, research, advice or consultation with any entity other than the activated authorit y 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 shal l 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 compri sed of three appointees of cities, one each from the two cities with the most population in the county and one appointee of the ci ty selection committee repr esenting 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, th ree, four, or five counties, t he board shall be comprised of one appointee from each county, who shall represent the city havi ng the most population in such county, to be designated by the mayor and city council of such city, and one repres entative 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 si x 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 eac h 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 demonst rates 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, exc ept 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 willserve the remainder of the term for that office.

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

shall declare to the board the nature of t he potential conflict prior to participatin g 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 se lection 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, noti ce, 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 ma king its initial appointments to the board of such authority and thereafter whenever necessary for the purpose of maki ng succeeding appointments. All meetings shall be held upon at least two weeks written notice given by the county aud itor 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 it s records and give appropriate notice of its proceedings and

actions.

(2) As an alternative to meeting in accordance wi th 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 committ ee 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 nom ination period, the county audito r will mail ballots by certified mail to the members of the city selecti on 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 o ffice. 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 member s 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 selectioncommittee prior to the nomination process. A similar notice s hall 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 prov ided. The board shall conduct its first meeting within thirty days after all of its member s 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 th e 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 compens ation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duti es 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 pr oper 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 ot her powers vested in them by law, shall have power to:

(1) Adopt, amend and repeal its own rules and regulation s, 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 a nd 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 matte r 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 effectuat e 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, boo ks, files and other information specific to the control, recovery or release of aircontaminants into the atmosphere.

(5) Secure necessary scientific, technical, adminis trative and operational services, including laboratory facilities, by contract or otherwise.

(6) Prepare and develop a comprehensive plan or plan s 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 conduc t educational and training programs relating to air pollution.

(10) Advise, consult, cooperate and contract with agencies and departments and the educ ational institutions of the state, other political subdivisi ons, 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 propos ing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the e fficacy of such device or system, or the air pollution problems which may be related to the sour ce, 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 carryi ng 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 a nd 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 departmentshall be paid the same fees and mileage that are provided fo r 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 departmen t. 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 inve stigation is being conducted. Thereupon, the court shall forthwith cause the individual to be brought before it and, upon being satisfied t hat 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 regulati ons as to the issuance of it s 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 legi slation from any agency of t he 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 depar tment shall adopt rules and regulations establishing standards for such approval and shall approve any such applicatio n, 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 sour ces — Registration — Fee — Registration program defined — Adoption of rules re quiring 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 ca use 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. Classificati ons made pursuant to this section may be for application to the area of jurisdiction of such authorit y, 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 onproperty.

(2) Except as provided in subsection (3) of this secti on, 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 assemb led. In the case of emissions of greenhouse gases as
defined in RCW 70.235.010 the department shall adopt rules requiring r eporting 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 s hall only be to compensate for the costs of administering such registration or reporting program wh ich shall be defined as initial registration and annual or other periodic reports from the source owner providing inform ation directly related to air pollution registration, on-site inspections necessary to verify compliance with regi stration requirements, data storage and retrieval systems necessary for support of the registration program, emi ssion 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 fu rtherance of the registration program, and administrative support provided in directly carrying out the registration program: PROVIDED FURTHER, That any such registration made with eith er the board or the department shall preclude a further registration and reporting with any othe r board or the department, except t hat 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 collect ed 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 grai n warehouse or grain elevator as required under this section, registration, reporting, or a registration program fee s hall not, after January 1, 1997, again be required under this

section for the warehouse or elevator unl ess the capacity of the warehouse or el evator 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 elev ator receives grain from

the first harvest season that occurs after the incr ease 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 es tablishment classified in standard industrial classification (SIC) code 5153 for wholesale trade for which a license is requi red 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 t he 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 emi ssions 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 t he combustion of fossil fuels be reported separately from emissions of greenhouse gases resulti ng from the combustion of biomass;

(ii) Reporting will start in 2010 for 2009 emissi ons. Each annual report must include emissions data for the preceding calendar year and must be subm itted 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 emis sions to the United Statesenvironmental 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 c oncurrent with the submission to the United States environmental protection agency. Except as otherwise provi ded in this section, the data for emissions in Washington and any corrections thereto that are reported to the United St ates environmental protec tion 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 wh ere the annual emissions associated with that combustion or oxidation equal or exceed ten thousand metric tons be re ported 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 r equire 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 report ed to the department. The department and the department of licensing shall enter into an interagency agreement to ensur e 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 di sclosure when shared by the department of licensing with the department under this provision.

(b)(i) Except as otherwise provided in this subsec tion, the rules adopted by the department under (a) of this subsection must be consistent with the regulations adopte d by the United States envir onmental protection agency in 40 C.F.R. Part 98 on September 22, 2009.

(ii) The department may by rule include additi onal 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 additio nal gases to the definition of "greenhouse gas" in RCW

70.235.010 , the department shall notify the approp riate committees of the legislature. Decisions to amend the rule to include additional gases must be made prior to December 1s t of any year and the amended rule may not take effect before the end of the regul ar legislative session in the next year.

(iii) The department may by rule exempt persons w ho are required to report greenhouse gas emissions to the United States environmental protection agency and who em it 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 amendm ents 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 it s rules in a manner that conflicts with (a) of this subsection.

(d) The department shall share any reporting informati on reported to it with the lo cal 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 fa il to report or pay the fee r equired in subsection (2) of this section are subject to enforcement penalties under th is chapter. The department sha ll enforce the reporting rule requirements unless it approves a local air authority's r equest to enforce the requirements for persons operating within the authority's jurisdiction. However, neither t he department nor a local air authority approved under this section are authorized to assess enforcement penalties on pers ons 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 shal l, simultaneously with the department, adopt rules that impose greenhouse gas reporting requirements in site certificatio ns on owners or operators of a facility permitted by the energy facility site evaluation council. The greenhouse gas r eporting 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 fa cilities 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 repo rting requirements adopted under this

section.(g) The inclusion or failure to include any person, sour ce, 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 "s upplier" 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 te rm "person" includes: (A) An owner or operator, as those terms are defined by the United States environmental protection agency in it s mandatory greenhouse gas reporting regulation in 40 C.F.R. Part 98, as adopt ed 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 16 8 § 19; 1967 c 238 § 28.]

Notes:



## Findings -- Intent -- Scope of chapte r 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 — Appr oval, disapproval — Emissi on control — "De minimis

new sources" defined.

(1) The department of ecology or board of any authority may require notice of the establ ishment 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 f ee: PROVIDED, That the amount of t he 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 eit her the board or to the department of ecology shall preclude a further submittal of a duplicate app lication to any board or to the department of ecology.

(2) The department shall, after opportunity for pub lic review and comment, adopt rules that establish a workloaddriven process for determination and review of the fee cove ring the direct and indirect co sts of processing a notice of construction application and a methodology for tracking rev enues and expenditures. All new source fees collected by the delegated local air authorities from sources shall be de posited 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 departm ent of ecology or board may require, as a condition precedent to t he establishment of the new source or s ources 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 regulat ions in force under this chapter. If on the basis of plans, specifications, or other information re quired under this section the department of ecology or board determines that the proposed new source will not be in accord with this c hapter or the applicable ordinances, resolutions, rules, andregulations adopted under this chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or ot her information required under this secti on, 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 establis hment 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 adopt ed under this chapter. Every order of approval under this chapter must be reviewed prior to issuance by a profession al engineer or staff under the supervision of a professional engineer in the employ of the dep artment 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 s ource at the location proposed will caus e any ambient air quality standard to be

exceeded.

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

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

(6) Nothing in this section shall be construed to aut horize 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 obligat ion 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 departm ent 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 t he application, or (b) for those projects subject to public notice, initiate notice and co mment 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 applicat ion or amendment required by RCW 70.94.161 and the notice of construction application required by this section. A notice of constr uction application designated for integrated review shall be processed in accordance with operating pe rmit 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 s ource 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 hu man 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 cons truction 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 technol ogy 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 t he 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 determi nation for the proposed project. Construction shall not commence on a project subject to review under this sect ion until the permitting authority issues a final order of approval. However, any notice of cons truction application filed under this section shall be deemed to be approved without conditions if the permitting authority takes no action with in 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 sour ce is a contributor, justif ies a source-specific RACT determination prior to development of a categorical RACT rule; or

(e) When a source-specific RACT determination is ne eded 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, t he impact of the source or source categor y on air quality, the number of years since the last BACT, RACT, or LAER determination for that s ource and other relevant factors. Prior to finalizing the list and schedule, ecology shall consult with local air aut horities, the regulated community, environmental groups, and other interested individuals and organizations. The depar tment 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 t he 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 practicabl e, 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 secti on 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 autho rized to assess and collect a fee to cover the costs of developing, establishing, or reviewing categorical or ca se-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 establishi ng the requirement for the particular source or the pro rata portion of the direct and indirect costs of establishing the requirement for the rele vant 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 de dicated accounts of their respective treasuries. All such RACT fees collected by the department from sources sh all be deposited in the air pollution control account.

[1996 c 29 § 2; 1993 c 252 § 8.]



## 70.94.155
Control of emissions — Bubble con cept — 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 singl e 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 aggregat e limit for the specified sources is not exceeded.

(2) Whenever any regulation relating to emission standa rds 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 polluti on 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 timet ables for the achievement of compliance as expeditiously as practicable, but in no case later t han the time specified in t he 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 attainme nt of air quality standards or, where such standards are not exceeded, for the maintenance of air quality can be achiev ed through the use of a c ontrol 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 pe rmit shall only be authorized after the control programinvolving the bubble concept is accepted by [the] Unit ed States environmental prot ection 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 aggre gate 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 co nsistent 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 comm ercial sources, except wher e authorized by chapter 199, Laws of 1991. Actions by other state agencies and local gove rnments 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, sh all 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 year s. 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 pe rmit amendments and modifications. The terms and conditions of a permit shall remain in effect a fter the permit itself expires if the pe rmittee submits a timely and complete application for permit renewal.

(2)(a) Rules establishing the elements for a st atewide operating permit program and the process for permit application and renewal consistent with federal requirements shall be establis hed by the department by January 1, 1993. The rules shall provide that every proposed permit mu st be reviewed prior to issuance by a professional engineer or staff under the direct supervisi on of a professional engineer in the employ of the permitting authority. The permit program established by these rules shall be adm inistered 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 autho rity 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 del egation, if the department finds that the local authority has the technical and financial resources, to discharge th e 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 s ubsection. However, any delegation order issued under this subsection shall take effect ninety days after the environ mental protection agency authori zes the local authority to issue operating permits under the federal clean air act.

(c) Except for the authority granted the energy fa cility 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 adm inistration 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 su ch quantity as to create a threat to the public health or welfare. Subsection (b) of this subsection is not intend ed 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 just ification 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 "a reas threatening to exceed air quality standards" shall mean areas projected by the department to exceed such standar ds within five years. Prior to identifying threatened areas the department shall hold a public hear ing or hearings within the proposed areas.

(5) Sources operated by government a gencies 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, ce rtifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to op erate under presently applicab le standards and conditions provided that such sources submit complete and timely permit applications.

(7) All draft permits shall be subject to public noti ce and comment. The rules adopted pursuant to subsection (2) of this section shall specify procedures for public notice a nd 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 envir onmental 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 demonstra tes that compliance with the permit dur ing the pendency of the appeal would require significant expenditures that would not be necessary in the event t hat the permittee prevailed on the merits of the appeal.

(9) After the effective date of any permit program pr omulgated 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 s hall state the origin of and specific legal authority for each requirement included therein. Every requirement in an operating permit s hall be based upon the most stringent of the following requirements:

(a) The federal clean air act and rules implement ing 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 provis ions of the federal clean air act, the pe rmitting authority may issue general permits covering categories of permitted source s, and temporary permits authorizing em issions from similar operations at multiple tempor ary 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, exce pt 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 t heir 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 elec tric generating plants, the permi tting authority shall establish requirements consistent with Title IV of the federal clean air act.

(14)(a) The department and the local air authorit ies are authorized to assess and to collect, and each source emitting one hundred tons or more per year of a regulat ed 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 anal ysis 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 duri ng calendar year 1992 the costs ident ified 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 pollu tant emitted by the source.

(c) Each local authority and the department shall co llect from sources under their respective jurisdictions the interim fee determined by the department an d 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 t hese sources. A fee assessed pursuant to this subsection (14)(d) shall be collected at the sa me time as the fee assessed pursuant to (c) of this subsection.

(e) The fees assessed to a source under this subsec tion 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 liab le for the fee imposed by subsection (14) of this section, compute the fee, and provide by November1, 1993, the identity of the fee paye r with the computation of the fee to each local authority and to the department of revenue for co llection. The department of re venue shall collect the fee computed by the department from the fee payers under the jurisdiction of the de partment. 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 collect ed 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 inte rim 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 whic h fees are to be due and payable. The section 5, chapter252, Laws of 1993 amendments to RCW 70.94.161 do not have the effect of terminat ing, or in any way modifying, any liability, civil or criminal, incurr ed 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 cont rol 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 instal led on existing sources before requiring technology changes. The department or any local air autho rity 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 dat e of United States environm ental 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 chapte r 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 ar e authorized to determine, assess, and collect, and each permit program source shall pay, annual fees sufficient to co ver the direct and indirect costs of implementing a state operating permit program approved by the United States environmenta l protection agency under the federal clean air act. However, a source that receives its operating permi t 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 au thority shall develop by rule a fee schedule allocating among its permit program sources the co sts of the operating permit program, and may, by rule, establish a payment schedule whereby periodic installments of the annual f ee 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 lo cal air authorities shall be deposited in their respective air operating permit accounts or other accounts dedicated exclusively to su pport of the operating permit program. The fees assessed under this subsection shall first be due not less than forty-five days after the United Stat es 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 fo r administrative appeals to the department regarding the fee assessed pursuant to this subsection.

(2) The fee schedule developed by each permitting aut hority 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 operatin g 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-gat hering 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 respon ding to comment from the pub lic 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 lim its or to determine compliance with permit limits;

(vi) Reviewing compliance certifications and emissi ons reports and conducting related compilation and reporting activities;

(vii) Conducting compliance inspections, complaint inve stigations, and other activities necessary to ensure that a source is complying with permit conditions;

(viii) Administrative enforcement activities and pe nalty 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 maintenanc e 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 an d 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 un der the jurisdiction of the permitting authority as required under section 507 of the federal clean air act; and

(xvii) Other activities required by operating pe rmit regulations issued by the United States environmental protection agency under the federal clean air act.

(b) Development and oversight costs are those in curred by the department in developing and administering the state operating permit program, and in ov erseeing the administratio n of the program by the delegated local permitting
authorities. Costs associated with the foll owing activities are fee eligible as these activities relate to the operating permit program:

(i) Review and determinations necessary for delegati on 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 performanc e audits of delegated local authorities, and other oversight functions required by the operating permit program;

(iii) Administrative enforcement actions taken by t he department on behalf of a permitting authority, including those actions taken by the department under RCW 70.94.785 , but excluding the costs of pr oceedings 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 admin istration and oversight, including training and assistance regarding technical, administrative, and data management issues;

(vi) Development of generally applicable regu lations or guidance regarding the permit program or its implementation or enforcement;

(vii) State codification of federal rule s or standards for inclusion in operating permits;

(viii) Preparation of delegation package and other acti vities associated with submitta l 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 perfo rmance 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 oper ating permit program, including the maintenance of a permit register;

(xiii) The share attributable to permitted sour ces 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 requ ired under section 507 of the feder al 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 implementat ion plan to make those administrative changes necessary to

ensure coordination of the st ate implementation plan and the operating permit program; and

(xix) Other activities required by operating permit re gulations issued by the United St ates environmental protection agency under the federal clean air act.

(3) The responsibility for operating permit fee det ermination, 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 co ver its costs of permit adminis tration and its share of the department's costs of development and oversight. Each del egated local authority shall remit to the department its share of the department's devel opment and oversight costs.

(b) Only those local air authorities to whom the depar tment has delegated the authori ty 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 admin ister and collect such fees with respect to the sources within the jurisdiction of a local air authority until the effective date of program delegat ion 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 cost s readily attributable to a specific pe rmitting authority may be assessed that authority. For purposes of this subsection, all sources covered by a single general permit shall be treated as onesource.

(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 depar tment adopts a general permit fee schedule, the department shall report to the relevant standing committees of the legi slature 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 subjec t 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 sh all 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 adminis tration 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 po llutant 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 delegat ed 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 acco unt information gathered by tracking previous revenues, time, and expenditures and other information obtain ed 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 bud get, the department shall take into account the projected operating permit account balance at the st art of the biennium. The department shal l provide the opportunity for public review of and comment on the proposed budget. The departm ent shall review and update its budget each biennium.

(iii) The department shall develop a fee schedule al locating 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 s ource data on which allocation determinations are based; these procedures shall be designed such that resolution occu rs 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 tra cking revenues and expenditures that provides the maximum practicable information. At a minimum, revenues from fees collected under the operating permit program shall betracked on a source-specific basis and time and expenditure s required to administer the program shall be tracked on the basis of source categories and f unctional categories. Each general permit will be treated as a separate source category for tracking and accounting purposes.

(ii) The department shall use the information obtai ned 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 reve nues, 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 t he board of directors of the local air authority.

(ii) The department shall arrange for fiscal audit s 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 sh all, after opportunity for public review and comment, publish regulations which establish a process for development and review of its operating permi t program fee schedule, and a methodology for tracking its revenues and expenditures. T hese regulations shall be subm itted 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 receip t 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 substi tution, equipment modificati ons, 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 dispensi ng facility supplying fuel to the general public, in any of the followingcircumstances:

(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 ac t, 42 U.S.C. Sec. 7407; or

(b) The facility sells in excess of six hundred thousan d gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pol lution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or

(c) From March 30, 1996, until De cember 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 em issions 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 no nattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407, pr ovided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is im portant to achieving or maintaining attainment status in any other county.

(2) This section does not preclude the department of ecology or any local air pollut ion 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 unde r 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 sup port of the state gover nment and its existing public institutions, and shall take effect i mmediately [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 t he 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 — Consider ations — Limitations — Renewals —

Review.(1) Any person who owns or is in control of any plant, bui lding, structure, establishm ent, 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 departm ent 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 departm ent of ecology or board has considered the relative interests of the applicant, other owners of prop erty likely to be affected by the discharges, and the general public.

(3) Any variance or renewal thereof shall be granted wi thin the requirements of subsec tion (1) of this section and

under conditions consistent with the reason s therefor, and within the following limitations:

(a) If the variance is granted on the ground that t here is no practicable means know n 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 comp liance with the particular re quirement 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 no t to exceed such r easonable time as, in the view of the department of ecology or board is r equisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the ta king of action in an expeditious manner and shall be

conditioned on adherence to such timetable.

(c) If the variance is granted on t he ground that it is justified to relieve or prevent hardship of a kind other than that provided for in (a) and (b) of this subsecti on, 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 compla int 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 just ified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixt y days prior to the expiration of the variance. Immediately upon receipt of an application for renewa l, 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 thereo f 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 rene wal 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 rene wal 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 ec ology 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 ac cepted by the United States environmental protection agency as part of an ap proved 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 offi cer 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 dul y authorized representatives, s hall 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 departm ent, or their duly authorized representatives, who requests entry for the purpose of inspection, and who present s 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 an y authority under this chapter, relate to processes or production unique to the owner or operator, or is likely to af fect 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 t he confidential use of the department of ecology or board. Nothing herein shall be construed to prevent the use of reco rds 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 re veal any information otherwise confidential under the provisions of this section: PROVIDED FURTHER, That em ission data furnished to or obtained by the department of ecology or board shall be correlated with applicable em ission limitations and other control measures and shall be available for public inspection during normal business hour s 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 c hapter 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 nec essary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violat or or violators appear before the board for a hearing. Every notice of violat ion 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 po llution 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 ru les, 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 li mitation, statutes, rules or regulations governing industrial health and safety standards or performance standards incor porated in zoning ordinances or resolutions of the component bodies where such standards relating to air pollu tion 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 — Dissoluti on 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 rule s 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 co ntrol advisory council to advise and consult with such board, and the control officer in effectuat ing the purposes of this chapter. The co uncil shall consist of at least five appointed members who are residents of the authority and who are preferably skill ed 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 a nd one of whom shall serve as a representat ive 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 author ity per diem and travel expenses in an amount not to exceed that provided for the state board in this chapter (but not to exceed o ne 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 — De activation of authority.

An air pollution control authority may be deactivated prio r to the term provided in the original or subsequent agreement by the county or counties comprising such autho rity upon the adoption by the board, following a hearing held upon ten days notice, to said count ies, of a resolution for dissolution or deactivation and upon the approval by the legislative authority of each county co mprising the authority. In such event, the board shall proceed to wind up the affairs of the authority and pay all in debtedness thereof. Any surplus of funds shall be paid over to the counties comprising the authority in proportion to their last contri bution. Upon the completion of the process of closing the affairs of the authority, the board shall by resolution entered in its minut es declare the authority deactivated and a certified copy of such resolution shall be filed with the se cretary of state and the authori ty 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 mult icounty authority, pursuant to RCW 70.94.053 , may withdraw from the multicounty authority after January 1, 1992, if the c ounty 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 ne w 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 multico unty authority, a county shall make arrangements, by interlocal agreement, for division of assets and liabilities and the appropria te release of any and all interest in assets of the multicounty authority.

(3) In order to effectuate any of the alternate arrangem ents 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. T he rules of the original multicounty aut hority 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 polluti on 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 pollu tion control regulations shall remain in effect for the withdrawing county until susp ended by the adoption of rules, regulations, or ordinances adopted under one of the alternatives of subsection (1) of this section. A count y shall initiate proceedings to adopt such rules, regulations, or ordinances on or bef ore 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 vest ed 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 constitu te 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 burni ng devices which shall be statew ide, 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 pr ohibition 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 combinat ions 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 a pplicable particulate emission standard for that source, such that any violation of the opacit y limit accurately indicates a violati on of the applicable particulate emission standard. Any alternative opacity limit provided by this se ction that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal or greater emission r eductions are provided for by the same source obtaining the revised opacity limit. A reas onable 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 determinati on on the acceptability of the alternat e opacity standard, including testing, oversight and review of data.

(3) The air quality standards and emission standards ma y be for the state as a whole or may vary from area to area or source to source, except that emission perfo rmance standards for new woodstoves and opacity levels for residential solid fuel burning devices shal l be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take necessary or des irable account of varying local conditions of population concentration, the existence of act ual or reasonably foreseeable air po llution, topographic and meteorologic conditions and other pertinent variables.

(4) The department is directed to cooperate with the app ropriate agencies of the Unit ed States or other states or any interstate agencies or international agencies with respec t to the control of air polluti on 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 st ate regulations or its own regulations which are more stri ngent 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 t he addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of th is 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 s ources 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 c onsistency with current reasonable and available control methods. The department shall have adopted rules required und er this subsection for all sources by July 1, 1996.

For the purposes of this section, "reasonable an d 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 caus e 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 requir e that the alleged violator or violators appear before it for the purpose of providing the department information per taining 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 acti ons — Procedural requirements not applicable.

The procedural requirements of this chapt er 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-condu cted 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 pe rsonnel by department — Reimbursement — Merit system regulations waived.

The department is authorized to contract for or otherwise agr ee to the use of personnel of municipal corporations or other agencies or private persons; and the department is furt her authorized to reimburse such municipal corporations or agencies for the employment of such personnel. Merit system regulations or standar ds for the employment of personnel may be waived for personnel hired under contract as provided for in this section. The department shallprovide, within available appropriati ons, 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 re commendation 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 agenc y in the enforcement, or administration of any provision of law which it is specifically permitted or requ ired 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 contro l 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 depar tment of ecology that t he proposed requirements are consistent with the purposes of this chapter: PROVIDED, T hat 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 in formation 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 pr event a local or regional air pollution control authority from adopting and enforcing more stringent emission control requ irements 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 op acity 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 — Appli cation 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 t he local authorities taking into considerat ion available federal and state funds. The establishment of funding am ounts shall be consistent with federal requi rements and local maintenance of effort necessary to carry out the provisions of this chapter. An y 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 departm ent: PROVIDED FURTHER, T hat the amount of state funds provided to local authorities dur ing the previous year shall not be r educed 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 fi nancial aid is given or approved by the department, the authority

shall demonstrate to the satisfaction of the department that it is fulfilling th e 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 satisfac tion of the department that it is acti ng 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 subm ission of such information by each authority including the submission of its proposed budget and a des cription 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 — Fi nding — 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 pa rticular area, and that the purposes of this chapter and the public interest will be be st 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 circ umstances 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 des ignate the geographic area in wh ich, and the effective date upon which, the department will exercise jurisdiction for th e 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 a nd 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 hi s warrant on the county treasurer payable out of the current expense fund of the c ounty. 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 exci se 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 th e expenses incurred by the department, the department shall certify to the stat e treasurer that they have a prior cl aim 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 f und 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 welfar e of the citizens of the stat e, it may adopt and enforce rules to control and/or prevent

the emission of air contaminants from such source. An au thority 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 fr om the particular type or class of air contaminant source within the geographical area of the authority. The depar tment shall hold a public hearing and shall adopt the proposed rules within the area of the requesting authority, unle ss 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 t he 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 welf are of the citizens of the state, the department may re linquish 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 authori ty such county or counties have not performed thoseactions recommended by the department, and the department is st ill of the opinion that the activation of an authority is necessary for the prevention, abatemen t and control of air pollution which exists or is likely to exist, then the department may, at its discreti on, issue an order activating an authority. Such order, a certified copy of which shall be filed with the secretary of st ate, shall specify the participating county or counties and the effect ive 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 dete rmined by the department that such order is being carried out in bad faith or the departm ent 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 — R eview 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 provisi ons 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 — Assu mption of control by department.

(1) If, after thirty days from the time that the departm ent issues a report or or der to an authority under RCW 70.94.400

and 70.94.405 , such authority has not taken action which indicates t hat 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, ru les or regulations of such au thority 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 prev ention of air pollution within the geographical area of such authority. If this occurs, the departm ent may assume all those powers which are given to it by law to effectuatethe purposes of this chapter. The department may, by or der, continue in effect and enforce provisions of the ordinances, resolutions, or rules of such authority which are not less stringent than t hose 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 departm ent 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 a nd 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 f ound at a hearing held in accordance with chapters 42.30 and

34.05 RCW, that the air pollution prevention and control progra m of such authority will be carried out in good faith, that such program will do all that is possible and reaso nable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that t he program complies with the provisions of this chapter. Upon the withdrawal of the department, the department s hall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively a ccomplished 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 coopera te with department and authorities.

It is declared to be the intent of the l egislature of the st ate of Washington that any st ate 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 po llution control agencies in pr eventing 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 po llution 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 t he 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 ex ercising 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 e ffective only if the governor approves an application for certification and

executes a certificatio n agreement under chapter 80.50 RCW. The council shall have all powers necessary to administer an operating permits program pertaining to such fac ilities, consistent with appl icable 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 counc il'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 certif ication from the council under chapter 80.50 RCW. The council and the department shall each establish procedures that provid e 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 rem edy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will consti tute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, the governi ng 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 inju nction 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 guilt y 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 ambi ent 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 da nger 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 ambi ent 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 whoknows at the time that he or she ther eby places another person in imminent dang er of death or substantial bodily harm, is guilty of a class C felony and shall, upon convic tion, 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 disc lose a potential conflict of interest under RCW 70.94.100 is guilty of a gross misdemeanor, and upon conviction thereof shall be punis hed 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 -- Effecti ve 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 wh o 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 an d distinct offense, and in case of a continuing violation, each day's contin uance 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 do llars for each day of continued noncompliance.

(2) Penalties incurred but not paid shall accrue interes t, beginning on the ninety-first da y 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 se ction 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 proc ures, 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 t he 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 a nd credited to its funds. If a prior penalty for t he same violation has been paid to a local authority, the penalty imposed by the depa rtment under subsection (1) of this section shall be reduced by the amount of the payment.

(5) To secure the penalty incurred under this sect ion, 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 t hat 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 em ission or permit fees who are more than ninety days latewith 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 dev elop rules for excusing excess emissions from enforcement

action if such excess emissions are unavoidable. The rule s 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 16 8 § 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 engagin g 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 faci e proof of a violation of this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant t hereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other re lief 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 welf are 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 prev ent 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 hea ting 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 rema inder of the act or t he application of the provision to other persons or circumst ances 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 meet ing 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 aesth etic 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 agenc y whose jurisdictional boundaries are coextensive with the

boundaries of one or more counties.

(7) "Opacity" means the degree to which an object s een 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 constr uction — Burning and heating device

standards.

After January 1, 1992, no used solid fuel burning device sha ll be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or Un ited States environmental protection agency certified or a pellet stove either certified or exem pt from certification by th e 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 reside ntial 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 re modeled" means any alteration or restoration of a building exceeding sixty percent of the appr aised 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 — Emi ssion performance standards.

The department of ecology shall establish by rule under chapter 34.05 RCW:

(1) Statewide emission performance standards for ne w solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to ado pt more stringent emission standards, no authority shall adopt any emission standard for new solid fuel burning dev ices 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 st ate to residents of this state that does not meet the following partic ulate air contaminant emission standards under the test methodology of the United States environmental protection agency in effect on January 1, 1991, or an equi valent standard under any test methodology adopted by the United Stat es 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, "equival ent" 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 establish ed by the United States env ironmental 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 masonr y fireplaces, shall be offered for sale unless such fireplace
meets the 1990 United States environ mental 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 test ing of factory-built fireplaces. The methodology shall bedesigned to achieve a particulate air emission standard equivalent to the 1990 Unit ed States environmental protection agency standard for woodstoves. In developi ng the rules, the council shall include on the technical advisory committee at least one represent ative from the masonry fireplace buil ders and at least one representative of the factory-built fireplace manufacturers.

(c) Prior to January 1, 1997, the state building co de council shall establish by rule design standards for the construction of new masonry fireplaces in Washington stat e. In developing the rules, the council shall include on the technical advisory committee at least one representati ve from the masonry fireplace builders and at least one representative of the fa ctory-built fireplace manufacturers. It shall be the goal of the council to develop design standards that generally achieve reductions in particula te air contaminant emissions commensurate with the reductions being achieved by factory-built firepl aces at the time the st andard is established.

(d) Actions of the department and local air pollution cont rol authorities under this section shall preempt actions of other state agencies and local governm ents 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 environmenta l protection agency for new woodstove s sold at retail. For solid fuel burning devices for which the United States environmen tal protection agency has not established emission standards, the department may exempt or es tablish, by rule, statewide standards including emission levels and test procedures for such devices and such emission levels and te st 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 comp ly 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 kn owingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been ap proved by the department und er 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 enf orcement 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 — Appli cation of law to advertising media.

Nothing in RCW 70.94.460 or 70.94.463 shall apply to a radio station, tele vision station, publisher, printer, or distributor of a newspaper, magazine, b illboard, 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 pur poses of public education.

(2) Notwithstanding any other provision of this c hapter which may allow an authori ty to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity le vel for solid fuel burning devices other than established

in this section.

(3) Actions of the department and local air pollution cont rol authorities under this section shall preempt actions of other state agencies and local governm ents 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 establishmen t 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 episo de exists in that area;

(b) Not burn wood in any solid fuel burning devic e except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certif ied 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 Titl e 40, Part 60 of the code of federal regulations, in the geographical area and for the period of time that a firs t stage of impaired air quality has been determined, by the department or any authority, for that area. A first st age of impaired air quality is reached when forecasted meteorological conditions are predict ed to cause fine particulate levels to exceed thirty-five micrograms per cubic meter, measured on a twenty-four hour av erage, within forty-eight hours; and

(c)(i) Not burn wood in any solid fuel burning devic e 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 tr end, 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 particulate s are measured at the trigger level.

(ii) A second stage burn ban may be called without ca lling 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 requ irements of subsection (4) of this section:

(A) Fine particulate levels have reached or exceed ed 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 fi ne 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 cont rol authorities under this section shall preempt actions of other state agencies and local governm ents 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 cont rol 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 ma king 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 t he 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 aut horities shall evaluate the effectiveness of the burn ban programs contained in this section in avoiding fine particula te 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' asso ciation 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 multip le-family dwelling. The associations shall cooperate with local air pollution control authorities to acqu aint 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 emit s 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 dep artment may, after meeting requirements in subsection (3) of this section, pr ohibit 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 nona ttainment 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 cont ributing factor for violating the national ambient air quality standard for fine particulates; and

(iii) The area has an adequately funded program to a ssist 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 th e jurisdiction of the department and the legislative authority of a city or county within the area of nonattainment formally ex presses 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 includ es a response to the concerns expressed by the city or county legislative authority.

(5) When a local air pollution control authority or the d epartment prohibits the use of solid fuel burning devices as authorized by this section, the cities, counties, and jurisd ictional 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 in clude enforcement of this prohibition. The responsibility

for actual enforcement of the prohibition shall reside solely with the de partment or the local air pollution control authority.

(6) A prohibition issued by a local air pollution contro l authority or the department under this section shall not apply to a person in a residence or commercial establishment that does not have an adequat e 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 effici ency and emission performance from woodstoves;

(c) Woodstoves that have been approved by the department;

(d) The benefits of replacing ineffici ent 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 here by 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 acc ount 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 bienni um, the legislature may tr ansfer 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 t he 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 a fter 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 sha ll 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 f ee. The collection provisions of chapter 82.32 RCW shall apply. The department of revenue shall deposit fees collected under this section in t he 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 th e state in which the national ambient air quality standards for PM 2.5 are exceeded, primarily due to woodsmoke emi ssions, and that current strategies are not sufficient to reduce woodsmoke emissions to levels that comply with t he federal standards or adequately protect public health. The legislature finds that it is in the state's interest and to the ben efit of the people of the st ate to evaluate additional measures to reduce woodsmoke emissions and up date 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 recommendat ions 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, regiona l air quality agencies, local health departments, related industry repres entatives, 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 sha ll 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 burn ing devices to potential violations of federal air quality standards;

(c) Strategies used in other states, regions, or ci ties 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 fundi ng 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 st ate of Washington through the department of ecology to cooperate with the federal government in order to insure t he coordination of the provisions of t he federal and state clean air acts, and the department is authorized and directed to implement and enforc e the provisions of this c hapter in carrying out thispolicy 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 benef its 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 autom otive 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 traffi c congestion in Washington's metropolitan areas. This traffic congestion imposes significant costs on Washington's busin esses, 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 th e demand for vehicle trips is significantly less costly and at least as effective in reducing traffic congestion and its im pacts 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 ma jor factor in increasing consumption of gasoline and, thereby, increasing reliance on imported sour ces 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 t hat reducing the number of commute trips to work made via single-occupant cars and light trucks is an effective way of reducing automobile-rela ted 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 exper iencing 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 a nd 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-relat ed 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 mana gement — Definitions.

Unless the context clearly requires otherwise, the definit ions in this section apply throughout this chapter.

(1) "A major employer" means a private or public empl oyer, including state agencies, that employs one hundred or more full-time employees at a single worksite who begi n their regular workday betw een 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 buildi ngs that are on physically cont iguous 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, ex cluding 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 twel ve continuous months during the year.

(4) "Person hours of delay" means the daily person hour s of delay per mile in the pe ak period of 6:00 a.m. to 9:00 a.m., as calculated using the best available met hodology 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 employ ee" 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 trans portation. 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 transportati on 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 th reshold 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 reducti on 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 ident ified in (a) of this subsection.

(11) "Certification" means a determination by a r egional 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 est ablished 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 — Re quirements 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 exceed ing the one hundred person hours of delay threshold calculated by the department of transportation, as well as th ose 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 reduc tion board. Jurisdictions located within an urban growth area with a population greater than se venty thousand that adopt ed a commute trip reducti on ordinance before the year 2000, as well as any jurisdiction within contiguous ur ban growth areas, shall also adopt a commute trip reduction plan and ordinance for major employers in the affected ur ban 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 da te specified by the commute trip reduction board. The ordinance shall establish the requirements for major em ployers 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 modi fication 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 transporta tion. The county, city, or town shall submit its adopted plan to the regional transportation planning organization. The county, city, or to wn 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 investme nt 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 transpor tation, 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 t hat 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 th e 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 coun ty, city, or town; and (d) means, consistent with rules established by the department of trans portation, for determining base year values and progress toward meeting commute trip reduction plan goals. The plan shall be deve loped in consultation with local transit agencies, the applicable regional transportation planning organizat ion, major employers, and other interested parties.

(5) The commute trip reduction plans adopted by counti es, cities, and towns under this chapter shall be consistent with and may be incorporated in applicable state or regi onal 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 rela ted 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 privat e or nonprofit providers of transportation services, or regional transportation plan ning 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 employerworksites when planning and prioritizing transit service ch anges or the expansion of public transportation services, including rideshare services. Counties, cities, or towns adopti ng 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 loca l commute trip reduction plans during the development and update of the regional commute trip reduction plan.

(6) Each affected regional transportation planning organ ization shall adopt a commute trip reduction plan for its region consistent with the rules and deadline establ ished 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 th e 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 transport ation efficiency centers and shall determine whether the proposed growth and transportation efficiency center is consis tent with the criteria defined in the regional commute trip reduction plan. (ii) Growth and transportation efficienc y centers certified as cons istent with the minimum requirements by the regional transportation planning or ganization 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 co nsistent 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 de adline established by the department of transportation, submit its plan as well as any related local commute trip reduction plans and cert ified growth and transportatio n 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 co mmute trip reduction board established under RCW 70.94.537 . The report shall be due at the end of each st ate 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 requirement s 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 prev iously implemented a commute trip reduction program and the

state has funded solutions to state hi ghway 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 — Gr owth 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 grow th 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 prov ided for the purposes of this section, designated growth and transportation efficiency centers shall be certified by the app licable regional transportation organization to: (i) Meet the minimum land use and transportation criteria establis hed in collaboration among local jurisdictions, transit agencies, the regional transportation planning organization, and other intere sted 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 co nsistent with the rules est ablished by the department of transportation in RCW 70.94.537 (2). If a designated growth and transportation e fficiency center is denied certification, the local jurisdiction may appeal the decision to the commute trip reduction board.

(c) Transportation demand management programs for grow th and transportation efficiency centers shall include, but are not limited to: (i) Goals for reductions in the prop ortion 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 m eet state and regional trip reduction goals, indicating resources from public and private source s 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 effici ency center shall be consistent with the land use and transportation elements of the local comprehensive plan.

(e) Transit agencies, local governments, and regional tr ansportation 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. T he implementing jurisdiction shall adopt policies, ordinances, and funding strategies that will lead to a ttainment 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 meas urement 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 em ployer shall consist of, at a minimum (a) designation of a transportation coordinator and the displa y of the name, location, and telepho ne 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 reduc ed parking charges, or both, for high occupancy vehicles;

(ii) Instituting or increasing par king 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 facilit ate employees' use of transit, car pools, or van pools;

(ix) Cooperation with transportation providers to pr ovide additional regular or express service to the worksite;

(x) Construction of special loading and unloadi ng 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 fa cilitate 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 ut ilize existing transportation man agement 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 — Juri sdictions' 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 co mmute trip reduction program to determine if the program is likely to meet the applicable commute tr ip 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 m eet 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 re duction 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 with in 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 pr ogram as required in subsection (4) of this section. No major employer may be held liable for civil penalties for failu re to reach the applicable commute trip reduction goals. No major employer shall be liable for civil penalties under th is chapter if failure to ac hieve a commute trip reduction program goal was the result of an inability to reach agr eement 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 th e 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 re duction board is established as follows:

(a) The secretary of transportation or th e 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 asso ciation of Washington cities or the Washington state association of counties;

(e) Two representatives from transit agencies appoin ted by the secretary of transportation for staggered four-year terms from a list recommended by the Wa shington state transit association;

(f) Two representatives from participating regi onal transportation planning or ganizations appointed by the secretary of transportation for staggered four-year terms;

(g) Four representatives of employers at or ow ners 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 secret ary 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 secr etary 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 transportat ion shall establish rules for commute trip reduction plans and implementation procedures. The commute trip reduction boa rd shall advise the departm ent 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 dete rmining 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 tr eatment 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 consultati on with local jurisdictions to propose to add or exempt urban growth areas;

(g) Listing of the affected areas of the program to be do ne 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 co mmute 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 orga nizations to evaluate and certify that designated growth and transportation efficiency center pr ograms meet the minimum requirem ents 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 t he mobility of people and goods by increas ing the efficiency of the state highway system.

(3) The board shall create a state commute trip reducti on 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 substantia lly improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to ac hieve 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 asse ssing the cost-effectiveness of commute trip reduction strategies and the benefits fo r 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 effe ctiveness of local commute trip reduction programs andsupport achievement of the objectiv es 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 in to the program and to determi ne which areas of the state should be affected by the program. The board shall review t he definition of a major employer no later than December 1, 2009. The board shall regularly identify urban growth areas that are projected to be af fected by chapter 329, Laws of 2006 in the next four-y ear period and may provide advance planni ng 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 pr ograms and shall make recommendations to the legislature and the governor by December 1, 2009, and every two year s 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 transport ation 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 s hall address the need for continuation, modification, or termination or any or all r equirements of this chapter.

(7) The board shall invite personnel with appropriate expertise from state, regional , and local government, private, public, and nonprofit providers of transpor tation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advis ory group shall advise the bo ard on the implementation of local and regional commute trip reduction plans and program s, 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 administra tion" was renamed the "department of enterprise servic es" 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 manageme nt — Technical assistance.

(1) The department of transportation sha ll 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 implementati on of commute trip reduction programs. Model plans andprograms, training, and informational materials shall be developed in cooperation with representatives of regional transportation planning organizations, local gov ernments, 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 re duction 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 implementi ng commute trip reduction plans. If state funds for the purposes of this chapter are provided to those jurisdiction s implementing voluntary commute trip reduction plans, the

funds shall be disbursed based on criteria establis hed 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 st ate's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefor e, it is the policy of the state t hat the department of transportation and other state agencies, including institutions of higher educ ation, shall aggressively de velop substantive programs to reduce commute trips by state employees. Implementatio n 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 — St ate agencies — Joint comprehensive commute trip reduction plan — Reports.

(1) The secretary of the department of transportation may coordinate an interage ncy board or other interested parties for the purpose of developing policies or guidelines t hat promote consistency amo ng 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 **com munity, trade, and economic development and such other departments and interested groups as the secretary of the department of trans portation 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 incent ives for commuting by other than single-occupant automobiles, flexible and alternative work schedules, altern ative 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 a nd consider mechanisms for funding state agency commute trip reduction programs.

(2) State agencies sharing a common location in affe cted urban growth areas where the total number of state employees is one hundred or more shall, with assist ance 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 jo int comprehensive commute trip reduction plan for all state agencies, including institutions of hi gher education, located in the Olympi a, 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 transportati on 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 pl an 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 consi deration 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 st ate 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 t he initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agenc ies to determine if the progr am 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 agencyto modify the program as necessary.

(5) Each state agency implementing a commute trip redu ction plan shall report at least once per year to its agency director on the performance of the agency's commute tr ip 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 towa rd state goals established under RCW 70.94.537 , and recommendations for improving the program.

(6) The department of transportation shall review t he agency performance reports defined in subsection (5) of this section and submit a biennial report fo r state agencies subject to this chapter to the governor and incorporate the report in the commute trip reduction board re port to the legislature as directed in RCW 70.94.537 (6). The report shall include, but is not limited to, an eval uation of the most recent measuremen t results, progress toward state goals
established under RCW 70.94.537 , and recommendations for improving t he 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 administra tion" was renamed the "department of enterprise servic es" by 2011 1st sp.s. c 43 § 107.

**(2) The "department of comm unity, 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 — Coll ective 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 priv ate 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 depa rtment of ecology — Contents.

All authorities in the state shall submit quarterly reports to the department of ecology deta iling the current status of air pollution control regulations in the authority and, by co unty, 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 burn ed in space heaters if the s pace heater has a maximum heat output of not greater t han 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 t he 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 pe rmits — Inspections by department of ecology.

If a metals mining and milling operation is issued a permit purs uant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining op erations at least quarterly in order to ensure that the operation is in compliance with the condit ions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during t he construction phase of the mi ning 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 — Determina tion 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 dire ctor's designee may authorize expenditur es 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 co nstruction of air pollution c ontrol facilities. Evidence of initial progress may include, but is not limited to, engi neering work, agreements to proceed with construction, contracts to purchase, or contracts for construction of air po llution control facilities. Howe ver, if the owners' progress is impeded due to actions caused by regulatory delays or by defensive litigation, certific ation of initial progress may

not be withheld.

Upon certification of initial progress by the depar tment 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 generatio n 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 ecol ogy 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, visibl e progress on construction, or other actions that have occurred that would verify progress under general construc tion timetables. The treasurer shall continue to deposit an amount equal to the tax revenues to the sulfur dioxide ab atement account unless the depa rtment 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 comb ined monthly excise tax return t hat identifies all sales and use tax payments made by the owners for coal used at t he 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 a nd 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 di oxide abatement account to the operator of the generation fa cility. 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 sulf ur 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 ex tended if the owners of a generation facility have experienced difficulties in complying wi th 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 treatm ent works, control devices and disposal systems, machinery, equipment, structure, property, property improvements and a ccessories, that are installed or acquired for the primary purpose of reducing, controlling, or disposing of industria l 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 el ectric 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 agricu ltural activities consistent with good agricultural practices exempt from chapter.

(1) Odors or fugitive dust caused by agricultural activity cons istent with good agricultural practices on agricultural land are exempt from the requirements of this chapter unless th ey 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-par ty 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 agricultur al practices, or a statement that the odors or fugitive dust have subs tantial 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 c ontiguous piece of agricultural land sells or has sold a portion of that land for residential purposes, the ex emption 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, grai n, 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 la nd 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, ven t, 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 f ood 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 agricultu ral land to be converted to nonagricultural uses. The legislature intends that agricultura l activity consistent with good practices be protected from government over -regulation." [1981 c 297 § 29.]

Reviser's note: The above legislative finding and in tent 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 agricult ural or silvicultural fertilizer — Regulation prohibited.

The department shall not regulate ammonia emissions resu lting from the storage, di stribution, transport, or application of ammonia for use as an agri cultural or silvicultural fertilizer.

[1996 c 204 § 2.]



## 70.94.6511 Definition of "outdoor burning."

As used in this subchapter, "outdoor burn ing" 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 contro l 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 t he Washington clean air act, chapter 70.94 RCW, to improve clarity. No provisi on of this act may be construed as a substantive change to the Washingt on 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, petro leum products, paints, rubber products, plastics, or any

substance other than natural vegetation that normally emit s dense smoke or obnoxious odors. Agricultural heating

devices that otherwise meet t he requirements of this chapter shall not be c onsidered 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. F ormerly 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 debr is — Silvicultural burning.

(1) Consistent with the policy of the st ate to reduce outdoor burning to the great est extent practical, outdoor burning

shall not be allowed in:

(a) Any area of the state wher e federal or state ambient air quality st andards 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 qual ity standards, and alternative disposal practices consistent with good solid waste manage ment are reasonably available or practices eliminating production of organic refuse are reasonably available.

(2) Notwithstanding any other provision of this sect ion, 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 c onditions 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 burn ing used to improve or maintain fire dependent ecosystems for rare plants or animals within state, f ederal, and private natural area preserve s, 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 issu ed 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 declar ed 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 c harge a fee at the level necessa ry 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 departm ent 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 bur ning 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 through 70.94.730 , 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 lo cal air pollution control authority or department of ecology to allo w 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 author ity 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, departm ent of ecology, department of agriculture, fire districts, and local air pollution contro l authorities to establish, thro ugh 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 uni ncorporated population of great er 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 secti on, neither a permit nor the paym ent of a fee shall be required for outdoor burning for the purpose of disposal of tumblewe eds 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 al ternate technology or method of disposing of the organic refuse is available, reasonably economical, and less harmful to the environment. It is the polic y of this state to foster and encourage development of alternate methods or technol ogy 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 un incorporated areas within a coun ty that are not designated as urban growth areas under chapter 36.70A RCW.

(9) Nothing in this section shall require fire district s 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 a ppropriate 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 — Pe rmits 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 fo r pest or disease control; exc ept that the fires described in this subsection may be prohibited in those areas havin g 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 pe rmits — Fees — Agricultural burning

## practices and research task force — Devel opment 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 departm ent of ecology, or a local entity de legated permitting authority under RCW

70.94.6530 . General permit criteria of statewi de 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 authoritie s, or a local entity with delegated permit authority shall:

(a) Condition all permits to ensure that the public in terest 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 applicat ion is filed under this section, an application for a permit to set fires in the course of agricultural burning for cont rolling 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 transmissi on, issuance from local city or county offices, or other

methods.

(3) A local air authority administering the permit prog ram under subsection (2) of this section shall not limit the number of days of allowable agricultural burning, but may c onsider 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 es tablished by the department to protect air quality pursuant to other laws, applicants for permits must show that the setti ng of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumst ances 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 deposit ed in the air pollution control account created in RCW 70.94.015

, except for that portion of t he fee necessary to cover local costs of admin istering 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 bur ning shall not exceed three dollars and seventy-five cents per acre to be burned, or in the case of pile burning shall not ex ceed 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 represen tative from the department who shall serve as chair; one representative of eastern Washington loca l air authorities; three r epresentatives of the agricultural community from different agricultural pursuits; one representative of t he department of agriculture; two representatives from universities or colleges knowledgeable in agricultural i ssues; one representative of the public health or medical community; and one representative of the cons ervation districts. The task force shall:

(a) Identify best management practices for reducing ai r 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 adm inistering and enforcing the permit programs, to provide

funds for research into alternative methods to reduce em issions from such burning, and to the extent possible beconsistent with fees charged for such burning permits in ne ighboring states. The fee level shall provide, to the extent possible, for lesser fees for permittees who use best mana gement practices to minimize air contaminant emissions;

(c) Identify research needs related to minimizing em issions from agricultural burning and alternatives to such burning; and

(d) Make recommendations to the department on priori ties 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 outd oor 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 dur ing 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, whet her 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 Washin gton State University t hat 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 19 9 § 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 enfo rcement to political subdivisions.

Whenever an air pollution control authority, or the depar tment of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, sh all find that any fire protection agency, county, or conservation district is capable of effe ctively administering the issuance and enfor cement 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 ecolog y, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the ki nds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the departmen t of ecology upon finding that the fire protection agency, county, or conservation di strict 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 burni ng account — Procedures — Limitations — Report.

It is hereby declared to be the policy of this state that strong e fforts 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 ec onomical 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 studi es for the exploration and identification of economical and practical alternate agricultural practices to the open burni ng of field and turf grasses grown for seed. Any study conducted pursuant to this section shall be conducted by Wa shington 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 dol lar per acre of crop to be burned. Any such fees received by any authority shall be transferred to the departm ent of ecology. The departmen t of ecology shall deposit all such acreage fees in a special grass seed burning re search account, hereby created, in the state treasury.

(2) The department shall allocate moneys annually fr om this account for the supp ort of any approved study or studies as provided for in subsection (1) of this secti on. 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 inte rested parties wishing to testify shall conclude that any procedure, program, technique, or device constitutes a prac tical alternate agricultural practice to the open burning of field or turf grasses grown for seed, the department shall, by order, certify approv al of such alternate. Thereafter, in any case which any such approved alternate is reasonably av ailable, 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 aut hority 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 gra sses may be conditioned to minimize emissions insofar as practical, including denial of permission to burn during periods of adverse me teorological conditions.

(6) Every two years until grass seed burning is prohib ited, Washington State University may prepare a brief report assessing the potential of the university's research to resu lt 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; 19 73 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 silv icultural operations — Issuance.

(1) The department of natural resource s shall have the responsibility for issuing and regulating burning permits required by it relating to the following activities for the pr otection 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 offici als in methods of forest firefighting;

(d) Any silvicultural operation to im prove the forest land s 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 na tural area preserves, natural resource co nservation areas, parks, and other wildlife

areas.

(2) The department of natural resources shall not reta in such authority, but it sha ll be the responsibility of the appropriate fire protection agency for permitting and regula ting outdoor burning on lands where the department of natural resources does not have fire protection responsibility.

(3) Permit fees shall be assess ed for silvicultural burning under the juri sdiction 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 fr om 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 co sts 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 — Redu ce statewide emissions — Exemption — Monitoring program.

(1) The department of natural resources shall administer a pr ogram 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 annua l 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 tw elve 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 de veloped in consultation with the department of ecology, public and private landowners engaged in silvicultura l forest burning, and repr esentatives of the public.

The plan shall recognize the variations in silvicultu ral 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, clim ate, elevation and slope, prox imity to populated areas, and diversity of land ownership. The plan shall establish prio rities 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 st ate, federal, and private natur al area preserves, natural resource conservation areas, parks, and other wildlife area s. The plan shall also recognize the real costs of the emissions program and recommend equitable f ees 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 av ailable methods or enforcement powers to ensure participation.

The plan shall include a tracking system desig ned to measure the degree of progress toward the emission reductions goals set in this section. The department of nat ural resources shall report annually to the department of ecology and the legislature on the stat us 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 ta rgets in this section are not met, the department of natural resources, in consultation with the department of ecology , shall use its authority grant ed 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 increm ental reductions so as to achieve the December 31, 2000, target level. If, as a result of t he 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 det erioration of forest health are ex empt from the reduction targets and calculations in this section if the following conditions are met:

(a) The landowner submits a written request to t he 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 t hat the proposed silvicultural burning operation is being conducted to restore forest health or prevent additional deterioration to fore st health; meets the require ments 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 ai r quality in the vicinity of the proposed burn.(c) Upon approval of the request by the department and before burning, the landowne r is encouraged to notify the public in the vicinity of the burn of the gener al 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 c onducted 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 silvicultura l 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 resour ces. Such burning shall not cause the state air quality standards to be exceeded in t he ambient air up to two thousand feet above ground level over critical areas designated by the de partment 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 reso urces when and where air contaminant levels exceed or

threaten to exceed the ambient air standards over such crit ical areas. The air quality shall be quantitatively measured by the department of ecology or the appropriate local air poll ution control authority at es tablished monitoring stations over such designated areas. Further, such permitted bur ning 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 c hapter. The department of natural resour ces shall set forth smoke dispersal objectives designed consistent with this section to minimi ze 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) nonburni ng 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 bu rning 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 na tural resources and state, local, or regional air pollution authorit ies — 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 re spective 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 natur al resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode cr iteria 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 pr omote 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 t he 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 mu st 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 operat ed in a manner that will minimize, to the extent possible, the air contaminants generat ed 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 conduc ted 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 out side urban growth areas in counties that plan under the requirements of RCW 36.70A.040 and outside of any city with a populatio n of ten thousand or more in all other counties does not need a permit under this section from an air pollution control authori ty 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 pe rmit from an air pollution control authority or t he 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 depar tment 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 managi ng 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 cer emonies or smoke signals.

Nothing in this chapter prohibits fires necessary for Indian ce remonies 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 fo r 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 de partment 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 s hall 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, app licants for permits must show that the setting of fires as requested is the mo st reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to succ essfully carry out the enterpr ise in which the applicant is engaged, or both. All burning permits will be designed to mini mize 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 conditio ns occur which reduce the effective volume of air into which air contaminants are introduced, t here is a high danger that normal operat ions at air contaminant sources in the area affected will be detrimental to public health or sa fety. 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 th is state that an episode avoi dance 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 weat her 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 devel op 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 t he warning stage, and all intermediate stages up to the warning stage, in any area of the st ate, to the air pollution control aut hority 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 re quire the carrying out of preplanned episode avoidance procedures. The stages of occurre nce shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the departm ent shall designate. "Forecas t" means the presence of meteorological conditions that are conducive to accumulati on 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 contam inants 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 wh ich, if maintained, can resu lt 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 emissi ons 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 termi nate 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 polic e, 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, consist ent 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 acco rding 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 emissi ons 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 contamin ant 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 polluti on control authority to which the department of ecology has delegated authority to adopt emission reduction plans. Or ders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the abs ence 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 orde rs, 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 ecol ogy, an authorized represent ative 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 c ontaminant source for which such order was issued for a temporary restraining order requiring the immediate reduction or disc ontinuance of emissions from such source.

Upon request of the party to whom a temporary rest raining order is directed, the court shall schedule a hearing

thereon at its earliest conven ience, at which time the court may withdr aw 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 disco ntinue 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 cl ean 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) re quired or permitted under the federal clean air act, shall have the authority to enforce all regul atory provisions within such plan (or part thereof): PROVIDED, That departmental enforcement of any such provision which is wi thin the power of an activated authority to enforce shall be initiated only, when with respect to any source, the author ity 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, industr ial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particula rly in alpine lakes that are known to be highly sensitive to acidification;

(2) Failure to act promptly and decisively to miti gate or eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultu ral, 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 diffi cult, if not impossible, to restore the natural balance.

It is therefore the intent of the legislature to provide for early det ection 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 ac tion 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 fr om the atmosphere of chemical compounds with a pH of less

than 5.6.

(2) "Critical level of acid deposition and lake, str eam, 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 periodi c monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and envir onmental degradation.

[1987 c 505 § 61; 1985 c 456 § 5; 1984 c 277 § 6.]

## 70.94.850 Emission credits banking pr ogram — 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 progr am 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 sha ll 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 consist ent 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 ac cept delegation of programs.

The department of ecology may accept delegat ion 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 appr opriate committees of the hous e of representatives and of the senate, shall:

(1) Continue evaluation of information and resear ch on acid deposition in the Pacific Northwest region;

(2) Establish critical levels of acid de position and lake, stream, and soil acidification; and

(3) Notify the legislature if acid deposition or la ke, 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 a nd acidification levels — Considerations.

In establishing critical levels of acid deposition and la ke, stream, and soil acidificati on, 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 acidificat ion 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 kilowatt s station generation capability, except for fossil-fueled floating thermal electric generation faci lities under the jurisdiction of the energy facility site evaluation council pursuant to RCW 80.50.010 , the department or authority shall implem ent 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 applic ant, the department or local air authority shall approve or deny the mitigation plans, as part of its action to approve or de ny 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 co llect 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 su fficient to cover its addit ional costs to monitor conformance with the carbon dioxide mitigation plan co mponents 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 an y 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 pr esumption 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 authori ty prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regula tion, 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 th is act shall take effect January 1, 1992.

The remainder of this act is necessary for the i mmediate preservation of the public peace, health, or safety, or support of the state governm ent 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 provisio n 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 conclusive ly presumed that the legislat ure 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 tran sit, vehicle mechanics, and refueling

infrastructure.

The department may disburse matching grants from funds prov ided 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 pur poses 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 fo r 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 sect ion 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 syst em; or consumer appliance shall use refrigerant extractionequipment to recover regulated refriger ant 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 informa tion and assistance to persons interested in collecting, transporting, or recycling regulated refrigerants.

(4) The willful release of regulated refrigerant from a s ource 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-depleti ng chemicals into the atmosphere contributes to the destruction of stratospheric ozone and threatens plant and animal life with harmful overexpos ure to ultraviolet radiation;

(2) The technology and equipment to extract and recover chlorofluorocarbons and other ozone-depleting chemicals from air conditioners, refri gerators, and other appliances are available;

(3) A number of nonessential consumer products contain ozone-depleting chemicals;

and

(4) Unnecessary releases of chlorofluorocarbons a nd 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. Th is 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 th e 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 make rs, 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 extr action equipment, as well as procedures for enforcing RCW

70.94.970 and 70.94.980

.

Enforcement provisions adopted by the department s hall 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 appr opriated, the department of transportati on shall administer a performance-based grant program for private employers, public agencies, nonprofit organizatio ns, 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 nonmotor ized 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 transportati on 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 publi c dollar requested and considering the following criteria: The local cost of providing new highway capaci ty, congestion levels, and geographic distribution.

(3) No private employer, public agency, nonprofit or ganization, 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 sect ion 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 t he 15th day of each month the aggregate monetary amount of grants provided under this sect ion in the prior month and t he 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 remai nder of the act or t he application of the provision to other persons or circumstanc es 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 sup port of the state gover nment and its existing public institutions, and takes effect immedi ately [March 31, 2004]." [2004 c 229 § 508.]

Effective date -- Contingency -- Captions not law -- 2003 c 364: See notes following RCW 82.70.020

.