Concise Explanatory Statement

Chapter 173-433 WAC

Solid Fuel Burning Devices

Summary of rule making, State Implementation 

Plan Revision, and response to comments

January 2014

Publication no. 13-02-036
Publication and Contact Information

This publication is available on the Department of Ecology’s website at 

https://fortress.wa.gov/publications/SummaryPages/1302036.html

For more information contact:

Air Quality Program

P.O. Box 47600 

Olympia, WA 98504-7600 

Phone: 360-407-6800

Washington State Department of Ecology - www.ecy.wa.gov

 Headquarters, Olympia 360-407-6000

 Northwest Regional Office, Bellevue 425-649-7000

 Southwest Regional Office, Olympia 360-407-6300

 Central Regional Office, Yakima 509-575-2490

 Eastern Regional Office, Spokane 509-329-3400

Ecology publishes this document to meet the requirements of the Washington State 

Administrative Procedure Act (RCW 34.05.325) and to meet Environmental Protection 

Agency requirements for responding to public comments related to State Implementation 

Plan revisions.

To ask about the availability of this document in a version for the visually impaired, call the Air 

Quality Program at 360-407-6800.

Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, 

call 877-833-6341.
Concise Explanatory Statement

Chapter 173-433 WAC 

Solid Fuel Burning Devices – Rule making and State 

Implementation Plan Revision

Air Quality Program

Washington State Department of Ecology

Olympia, Washington 98504-7600
This page is purposely left blank.
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Table of Contents

Introduction..........................................................................................................................1

Reasons for Adopting the Rule and SIP Revision ...............................................................1

Differences Between the Proposed Rule and Adopted Rule ...............................................2

Differences Between the Proposed SIP Revision and Adopted SIP Revision.....................2

Summary of Public Involvement Process............................................................................2

Response to Comments........................................................................................................3

Commenter Index.................................................................................................................3

Appendix A: Copies of all written comments......................................................................7

Appendix B: Certification of public hearing. ....................................................................23

Appendix C: Transcripts from public hearings..................................................................26

Appendix D: Copies of public involvement notices..........................................................29
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This page is purposely left blank.
1

Introduction

The purpose of this Concise Explanatory Statement is to:

 Meet the Administrative Procedure Act (APA) requirements for agencies to prepare a 

Concise Explanatory Statement (RCW 34.05.325).

 Provide reasons for adopting the rule.

 Describe any differences between the proposed rule and the adopted rule.

 Describe any differences between the proposed State Implementation Plan (SIP) revision 

and the adopted SIP revision.

 Provide Ecology’s response to public comments.

This Concise Explanatory Statement provides information on the Washington State Department of 

Ecology’s (Ecology) rule adoption and adoption of a SIP revision for:

Title: Solid Fuel Burning Devices

WAC Chapter(s): Chapter 173-433 WAC 

Adopted date: January 23, 2014

Rule effective date: February 23, 2014

SIP revision 

effective date: January 23, 2014

To see more information related to this rule making or other Ecology rule makings please visit our 

web site: http://www.ecy.wa.gov/laws-rules/index.html

Reasons for Adopting the Rule and SIP Revision

The Environmental Protection Agency (EPA) requires us to update Chapter 173-433 WAC Solid 

Fuel Burning Devices with recent changes to state law before they will approve our maintenance 

plan and re-designation request for the Tacoma-Pierce County Nonattainment Area. If EPA 

cannot approve a re-designation request for the Tacoma-Pierce County Nonattainment Area, then 

additional stricter requirements will be imposed on the area. This also means economic 

constraints imposed under federal nonattainment status will continue longer than necessary.

Specifically, we need to adjust the thresholds for calling impaired air quality burn bans in areas at 

risk for nonattainment so they match the thresholds in law. Additionally, we must submit the 

revised rule to EPA for inclusion in Washington’s State Implementation Plan. The changes will 

support the maintenance plan for the Tacoma-Pierce County Nonattainment Area.
2

Differences Between the Proposed Rule and 

Adopted Rule

RCW 34.05.325(6)(a)(ii) requires Ecology to describe the differences between the text of the 

proposed rule as published in the Washington State Register and the text of the rule as adopted, 

other than editing changes, stating the reasons for the differences.

There are no differences between the proposed rule filed on October 2, 2013 and the adopted rule 

filed on January 23, 2014.

Differences Between the Proposed SIP Revision 

and Adopted SIP Revision

Ecology published the proposed SIP revision on its website on October 2, 2013. There are no 

differences between the proposed SIP revisions and the SIP revision adopted on January 23, 2014. 

Summary of Public Involvement Process

Ecology held concurrent public comment periods for the rule-making process and the SIP revision. 

Ecology accepted comments from October 2, 2013 through November 15, 2013. Ecology held 

consecutive public hearings on November 7, 2013. At the first hearing Ecology invited comments 

on the proposed rule. At the second hearing Ecology invited comments on the proposal to 

incorporate the proposed rule updates into Washington’s SIP.
3

Response to Comments

Ecology accepted comments from October 2, 2013 through November 15, 2013. This section 

provides a summary of comments that we received during the public comment period and our

responses. Ecology provided shorter comments verbatim and summarized longer comments.

Appendix A contains copies of all of the comments received in their entirety. Appendix B 

contains a copy of the hearing transcript including comments received as testimony at the hearing.

Commenter Index

The table below lists the names of organizations or individuals who submitted a comment on the 

rule proposal or SIP revision. Column one shows the location of comments in Appendix A, 

column three shows the number assigned to the comments. For each person, column four shows

on what page to find Ecology’s response to the comment(s).

Individuals and Organizations Providing Written Comments

Document Location in 

Appendix A

Name and Affiliation Comment Number(s) Location of Ecology’s 

Response

p. 8 Robert Hill 1, 2, 3, 4 p. 3-4

p. 9 Leah Hauer, Northwest 

Hearth, Patio & 

Barbecue Association

5 p. 4

p. 10 Craig T. Kenworthy, 

Puget Sound Clean Air 

Agency

6 p. 5

p. 11 Steve Webber 7 p. 5

p. 12 and hearing 

testimony on p. 26-28

Deborah and Steve 

Marchant

8 p. 6

Comment #1: 

For those “coal trains” that will be coming to Longview and/or Bellingham, what are the choices 

of car cover to keep the dust down?

Ecology Response:

Thank you for submitting your comment letter. Your comments are outside the scope of this rule. 

No changes were made to this rule in response to this comment. However, a copy of your letter 

was shared with Ecology staff working on the Millennium Bulk Terminals-Longview coal export 

and the Gateway Pacific Terminal Project proposals. For more information on these proposals, the 

following links:

 Gateway Pacific Terminal - http://www.eisgatewaypacificwa.gov/ 

 Millennium Bulk Terminals-Longview - http://www.millenniumbulkeiswa.gov/
4

Comment #2:

Does the “1100 pound per megawatt” limit on greenhouse gas emission (now 970) apply equally to 

EACH gas, or cumulatively to all?

Ecology Response:

Thank you for your comment. The limit applies cumulatively to all greenhouse gases emitted by 

the combustion units at a power plant. Your question falls outside the scope of the proposal, so we 

did not make any changes as a result of your comment. 

Comment #3:

How effective are the Carbon Capture scrubbers that EPA is proposing?

Ecology Response:

In general, carbon capture scrubbers are effective at removing carbon dioxide (CO2). Some smaller 

scale systems have achieved removal rates of 90% during testing. However, the removal rate is 

limited by the concentration of CO2 in the exhaust gas. If there is less CO2, then there is less 

removal. You can find additional information at the following resources:

 EPA’s website - http://www.epa.gov/climatechange/ccs/

 Department of Energy’s website - http://energy.gov/carbon-capture-sequestration

 Electric Power Research Institute website - Use search terms “CO2 Scrubbing” and 

“Carbon Capture and Sequestration” at www.epric.om/Pages/Default.aspx. 

 Environmental Defense Fund website - http://www.edf.org/energy/carbon-storage

Comment #4

What is the mailing address for the Puget Sound EPA office?

Ecology Response:

The mailing address for EPA is:

U.S. EPA, Region 10

1200 Sixth Avenue, Suite 900

Seattle, WA 98101

Comment #5

On behalf of the Northwest Hearth Patio and Barbecue Association, we want to express our 

support for the adoption of the proposed rules contained in WSR 13-20-129 as proposed by the 

Department of Ecology to implement HB 2326 passed by the 2012 Legislature. 

Ecology Response:

Thank you for your support.
5

Comment #6

I’m writing to express the Puget Sound Clean Air Agency’s support for the proposed amendments 

to Chapter 173-433, Solid Fuel Burning Devices, and their inclusion in Washington’s state 

implementation plan (SIP). 

The proposed amendments align the WAC Chapter 173-433 with statutory changes, serving to 

reduce any confusion about revised air quality burn ban trigger levels and the criteria for 

prohibiting uncertified wood stoves.

Importantly, the inclusion of 433 in the SIP will help to pave the way for re-designation of the 

Tacoma-Pierce County PM2.5 nonattainment area. We look forward to working closely with you 

and Ecology staff to submit a re-designation request and maintenance plan to EPA Region 10. The 

updating and aligning of WAC Chapter 173-433 is an important step towards EPA’s ultimate 

approval of that re-designation request. 

Ecology Response:

Thank you for your comments and support. We agree that the inclusion of 433 in the SIP provides

important support for the re-designation request and maintenance plan. We also look forward to 

working closely with you and your staff.

Comment #7

Any person or retailer providing information on the operation of solid fuel burning devices, such 

as brochures, demonstrations, and public education programs, should include information that 

opacity levels of 10 percent or less are obtainable through proper operation.

I guess my question is this: Is there a protocol that the hearth industry will follow in providing 

information on the proper operation of solid fuel burning devices, such as brochures, 

demonstrations and public education programs to the consumer/end user of a new solid fuel 

burning device as it relates to the 10% or less opacity levels?

Will it include how to operate the wood burning device as efficiently as possible? The 

explanation of what 10% opacity looks like as it relates to chimney emissions? The guidelines 

for 20% moisture or less, in firewood? Anything that will effect the goal of reaching the 10% or 

less opacity levels? 

Ecology Response:

Thank you for your idea. We agree information about how to properly operate wood stoves help 

improve air quality. Ecology is focusing on increasing their outreach about proper burning 

practices. As mentioned in the implementation plan for this rule making, we will consider working 

with wood stove retailers as part of this effort.

Comment #8

I have witnessed and made complaints to PSCAA regarding 30 different indoor wood burners in 

my neighborhood in the last two weeks. 

I have and am experiencing the inflammatory effects of toxic wood smoke and fume exposure. 

These include headaches, itching skin, watery eyes, lack of breath, and unable to deep breath 

easily. In the evening last night, the outdoor air here was intolerable to breathe, and we expect the 

same tonight. 
6

I am a clean air advocate on behalf of phasing out wood burning throughout our state. The 

government is currently compromising public health by supporting the use of current policies and 

opinions that allow for wood burning. I advocate for policies that permanently keep the global and 

national air wood smoke-free, including the following:

 Remove any government reference that there are ‘cleaner’ ways to heat the home than 

burning wood, when burning wood is not ‘clean’ heating. Save our tax money to fine 

instead of educate.

 Create fully funded and effective enforceable laws with strict fines

 Fund and support announcing that wood smoke can be hazardous to wild and domestic 

animal and publically announce this information through mainstream television and 

billboards as PSAs. 

 Look into how wood smoke poisons more than the air. 

 Publically announce the new research that wood smoke emits greater toxins than burning 

coal. Clearly explain to the public how wood smoke is a contributor to global warming.

 Publically announce that a wood smoke-free nation, state, county, and city IS sustainable.

 Remove all and any government claims that wood is a sustainable, renewable and a “green” 

source of energy that the public can safely use to their homes

 Begin the process of outlawing and phasing out wood burning altogether in America, and 

fully fund ways of enforcing these new clean air laws effectively with strict fines. 

Ecology Response:

Thank you for your comment and expressing your concerns and ideas about how to reduce wood 

smoke in Washington State. Ecology agrees that wood smoke has harmful effects on health. 

Among other efforts, Ecology uses the publication “How Wood Smoke Harms Your Health” to 

educate the public about the health effects of wood smoke. This publication is available online at 

https://fortress.wa.gov/ecy/publications/summarypages/91br023.html. 

Ecology also encourages citizens to remove or replace their wood stoves through several grant 

programs. Some of these programs offer monetary incentives to scrap a wood stove while others 

help cover the cost of replacing an older, uncertified wood stove with an alternative heat source. 

When citizens do burn, we want them to reduce their wood smoke as much as possible. So, our 

outreach and education efforts include information about how to burn properly. 

Ecology and the local air agencies do not have the legislative authority to ban all wood burning in 

Washington State. Ecology and the local air agencies can only restrict all wood burning during 

periods of poor air quality through an impaired air quality burn ban. Washington Administrative 

Code 173-433-140 outlines the criteria for when Ecology and the local air agencies may call an 

impaired air quality burn ban. We did not make any changes to the final rule as a result of your 

comments.

In your area, the Puget Sound Clean Air Agency (PSCAA) implements and enforces rules related 

to solid fuel burning devices. We forwarded your comments to PSCAA.
7

Appendix A: Copies of all written comments

9

November 14, 2013

Ms. Richelle Perez

Department of Ecology

P.O. Box 47600

Olympia, WA 98504-7600

e-mail AQComments@ECY.WA.GOV, fax (360) 407-7534,

Dear Ms Perez: 

On behalf of the Northwest Hearth Patio and Barbecue Association, we want to express our 

support for the adoption of the proposed rules contained in WSR 13-20-129 as proposed by the 

Department of Ecology to implement HB 2326 passed by the 2012 Legislature. 

Thank you,

Leah Hauer

Executive Director

PO Box 13041

Spokane Valley WA 99213

509-474-1403

nwhpba@comcast.net

11

From: Steve Webber [mailto:steve@stevesorganizing.com] 

Sent: Thursday, November 14, 2013 1:38 PM

To: Perez, Richelle (ECY)

Subject: RE: Your question from Thursday evening's hearing

Hi Richelle,

(((5))) (4) Education. Any person or retailer providing information on the operation of solid fuel 

burning devices, such as brochures, demonstrations, and public education programs, should 

include information that opacity levels of 

10 percent or less are obtainable through proper operation.

I guess my question is this: Is there a protocol that the hearth industry will follow in providing 

information on the proper operation of solid fuel burning devices, such as brochures, 

demonstrations and public education programs to the consumer/end user of a new solid fuel 

burning device as it relates to the 10% or less opacity levels?

Will it include how to operate the wood burning device as efficiently as possible? The 

explanation of what 10% opacity looks like as it relates to chimney emissions? The guidelines 

for 20% moisture or less, in firewood? Anything that will effect the goal of reaching the 10% or 

less opacity levels? 

Thanks,

Steve
November 13, 2013

This emailed letter is in regard to the WA DOE's request for citizen's input on "Solid Fuel Burning Devices 173-433WAC" due by 

November 15, 2013. 

http://www.ecy.wa.gov/news/2013/252.html

This emailed letter is being sent to Federal, State, County and 

City Legislation, and the United States Environmental Protection 

Agency (EPA), the Washington State Department of Ecology (WA 

DOE), the Puget Sound Clean Air Agency (PSCAA), and to the 

government of our city, the City of Shoreline, Washington.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The EPA is currently being sued to 'improve' the standards of 

wood heat devices, but improving wood heat device standards 

will not keep the air free of toxic wood smoke. Why? It does not 

matter how "improved" wood stoves and other wood heating devices are made, because many people will burn trash and un-
treated and treated wood inside any wood stoves. They do this 

despite the "clean burning" education that the EPA, WA DOE, 

PSCAA, and our City of Shoreline government are currently 

promoting. 

In addition, there is no scientific fact that wood can be "cleanly 

burned", thus burning wood is actually an unwise practice. In 

addition, there are toxic, microscopic wood smoke particulate 

matter in even the highest heat of “new and improved” wood 

stoves. Because of the smaller size of smaller particulates they 

can enter our bloodstream, organs and brains. Using “new and 

improved” wood stoves can be even more dangerous for individual and public health. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Our government offices and employees directly involved in this 

very important local to global clean air issue already know that 

the burning of any wood, whether it is untreated or treated, creates wood smoke and vapors that are toxic. Yet our government 

leadership continues to support the use of wood stoves and other 

wood burning, including "recreational" wood burning. We understand that public opinion and input is required to help change 

these policies. This letter is our way of helping create policies that 

permanently keep the global and national air wood smoke-free.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


 
 Page 2
We are genuinely and deeply concerned over the current dysfunctional relationship the wood burning device businesses, locally and worldwide, have with the our Government Legislations; and the United States Environmental Protection Agency 

(EPA), the Washington State Department of Ecology (WA DOE), 

the Puget Sound Clean Air Agency (PSCAA), and with the government of our city, the City of Shoreline, Washington. Here is an 

analogy that represents our genuine concern.

This dysfunctional relationship is like how a member of a family 

is allowed to smoke cigarettes inside the house by a head of the 

household, even though the rest of the family does not want to 

breath the smoke. 

Extract our government offices from partnerships with the wood 

burning business because the wood burning business simply and 

clearly pollutes air.

How we keep the air clean is non-negotiable. Yet Government 

Legislations that include Federal, State, County and City Legislation, the EPA, WA DOE, PSCAA, and including the City of Shoreline, are currently compromising public health by supporting the 

use of current polices and opinions that allow for wood burning. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Government Legislation, the EPA, WSDE, PSCAA, and the City 

of Shoreline are also currently supporting the untruths about 

"clean" burning, when in fact there is no clean wood smoke and 

wood smoke vapors. Remove any government reference that 


 
 Page 3
there are 'cleaner' ways to heat the home than burning wood, 

when burning wood is not 'clean' heating. Save our tax money to 

fine instead of educate.

There are already more than enough records and research in our 

government offices about the increasing and credible independent, scientific, medical and government studies; and truthful public testimonies and genuine complaints that clearly state the real 

live hazards of wood burning. These hazards include fires caused 

by the misuse of wood burning. 

Therefore, we are asking Government Legislations, the EPA, WA 

DOE, PSCAA, and including the City of Shoreline, Washington, 

to instead be part of the process of creating fully funded and effective enforceable laws with strict fines that help us longer compromise the public health with exposure to ANY wood smoke 

whatsoever.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

We are also asking Government Legislation, the EPA, WA DOE, 

PSCAA, and including the City of Shoreline to help fund, support and announce the human health risks of breathing woodsmoke on mainstream television and billboards as PSAs. 

We are also asking Government Legislation, the EPA, WA DOE, 

PSCAA, and including the City of Shoreline to look into how 

wood smoke can harm domestic and wild animals when they inhale and ingest toxins from wood smoke. When this is discovered 

to be true, and without causing suffering to animals, we are urg-


 
 Page 4
ing the EPA, WA DOE, PSCAA, and the City of Shoreline to help 

fund and support announcing that wood smoke can be hazardous to wild and domestic animals; and to publicly announce this 

information through mainstream television and billboards as 

PSAs. 

We are also asking Government Legislation, the EPA, WA DOE, 

PSCAA, and including the City of Shoreline to look into how 

wood smoke poisons more than the air. Acidic wood smoke particulates may poison the waters, plants and soils. When this is 

discovered to be scientifically true, we are urging the EPA, WA 

DOE, PSCAA, and the City of Shoreline to help fund, support 

and announce this information through mainstream television 

and billboards as PSAs. 

We are also asking Government Legislations, the EPA, WA DOE, 

PSCAA, and including the City of Shoreline to publicly announce 

the new research that wood smoke emits greater toxins than 

burning coal; and to clearly explain to the public how wood 

smoke is a contributor to global warming. Also, refrain from 

promoting the use of "natural" gas as a "cleaner" fuel source. 

There is evidence that the extraction of gas called fracking can be 

an environmental hazard; and that the burn off from "natural" 

gas vapors contain a certain level of toxicity. This is why it is 

vented outside. "Natural" gas is not a clean energy source. 

We are also asking Government Legislation, the EPA, WA DOE, 

PSCAA, and including the City of Shoreline to publicly announce 

that a wood smoke-free nation, state, county and city IS sustain-


 
 Page 5
able. There is current evidence that burning wood is more harmful than burning coal, thus burning wood increases global warming. Therefore, remove all and any government claims that wood 

is a sustainable, renewable and a "green" source of energy that 

the public can safely use to heat their homes. Burning wood is 

not safe for the environment. 

We are holding Government Legislations, the United States Environmental Protection Agency, the Washington State Department 

of Ecology, the Puget Sound Clean Air Agency, and including the 

City of Shoreline, Washington, accountable to the main mission 

of a government and that is to protect the public's safety. 

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

This letter is written with compassion and understanding. The 

message in this letter is not about trying make anyone or any 

group wrong, embarrassed or humiliated. Most of us have supported wood burning and burned wood ourselves unaware of 

the hazards. Now that we know the facts, how we keep the air 

wood smoke-free is non-negotiable. 

Begin the process of outlawing and phasing out wood burning 

altogether in America, and fully fund ways of enforcing these 

new clean air laws effectively with strict fines. 


 
 Page 6
We are private citizens, parents, grandparents who share our 

household with two cockapoo dogs and two old goldfish. We 

care about you, and the unborn. 

We have no affiliation with any energy group or business that is 

in competition with the wood burning business.

We simply need to breath wood smoke-free air. But currently, our 

neighborhood, our city, and all geographic locations we chose to 

visit are damaging our health and quality of life when any wood 

smoke and vapors are present.

Please reply, and to deborah.marchant@gmail.com

Most genuinely sincere and concerned,

Steve E. Marchant, BA

and 

Deborah Marchant, MPA

Shoreline, Washington, USA

~ Best of Health Everyone ~


 
 Page 7
19

From: Deborah Marchant [mailto:deborah.marchant@gmail.com] 

Sent: Friday, November 15, 2013 9:22 AM

To: Perez, Richelle (ECY)

Cc: Deborah Marchant

Subject: Re: In regards to the WA DOE's request for citizen's input on "Solid Fuel 

Burning Devices 173-433WAC" due by November 15, 2013. 

Hello

Richelle Perez of the

Washington State Department of Ecology

Air Quality Program,

Thank you for your reply and the information.

Here is a message to add to our public comment:

Yesterday, Within only three hours between 2-5 pm, I deborah witnessed 16 different chimneys 

spewing smoke and fumes. These were within about a 1/2 x 3 mile area. these are only the 

burnings that I witnessed. there are likely more. I am currently searching for a way to see and 

document burnings when its dark.

I reported 5 of the 16 burning to the PSCAA yesterday. The others I will recheck, and report as 

well. 

I am reporting -ALL- wood smoke because I am not able to determine 20% opacity; and when we 

smell smoke we're being exposed to toxins, no matter the opacity. 

Today, I just began to put together a readable neighborhood map of the homes where I'm 

witnessing indoor wood burning. It is probably a map that most city neighborhoods will look 

similar too. I will be forwarding this map soon to your desk, and to the EPA, My US and State 

Representatives, to PSCAA, and to the City of Shoreline.

Enough is enough.

Best of Health for You and your Loved ones,

Deborah "Deb" Marchant'

With Steve Marchant
20

From: Deborah Marchant [mailto:deborah.marchant@gmail.com] 

Sent: Friday, November 15, 2013 11:56 AM

To: Perez, Richelle (ECY)

Cc: Deborah Marchant

Subject: CORRECTION/UPDATE Fwd: In regards to the WA DOE's request for citizen's input on "Solid Fuel 

Burning Devices 173-433WAC" due by November 15, 2013. 

Hello

Richelle Perez of the

Washington State Department of Ecology

Air Quality Program,

I AM SENDING YOU A CORRECTION AND NEW INFORMATION. PLEASE ADD BOTH 

TO MY PUBLIC COMMENT.

IN MY PREVIOUS EMAIL BELOW: 

I DEBORAH STATED THAT YESTERDAY '16 different chimneys WERE spewing smoke and 

fumes within about a 1/2 x 3 mile area' 

TODAY I DROVE MY CAR TO MEASURE THE EXACT AREA I WITNESSED 16 

BURNERS YESTERDAY. IT NOT A 1/2 X 3 MILE AREA. IT IS A 1/2 X 1.3 MILE AREA.

PLEASE NOTE CORRECTION. 

THE NEW INFORMATION IS THAT AS OF TODAY, BETWEEN 10:10AM AND 11:10 AM, I 

WITNESSED TEN (10) NEW CHIMNEYS AND STACKS SPEWING WOOD SMOKE AND 

FUMES FROM RESIDENCES WITHIN THE 1/2 X 1.3 MILE AREA HERE. 

THIS MAKES A TOTAL OF 26 INDOOR WOOD BURNING IN A TOTAL OF 4 HOURS IN 

TWO DAYS. THESE ARE ONLY THE ONES I WITNESSED; THESE NUMBERS DO NOT 

INCLUDE THE FOUR OTHER/DIFFERENT INDOOR BURNINGS I REPORTED LAST 

WEEK TO THE PSCAA. THOSE FOUR RESIDENCES FREQUENTLY BURN WOOD 

INDOORS.

IF WE ADD THE FOUR FROM LAST WEEK, THAT MAKE IT A TOTAL OF 30 DIFFERENT 

INDOOR WOOD BURNERS, WITHIN THE 1/2 X 1.3 MILE AREA, IN ABOUT THE LAST 

TWO WEEKS. 

FYI: IN THE EVENING LAST NIGHT, THE OUTDOOR AIR HERE WAS INTOLERABLE 

TO BREATHE, AND WE EXPECT THE SAME TONIGHT.

HELP!

DEB AND STEVE MARCHANT 

OF SHORELINE, WASHINGTON

~~~~~~~~~~~~~~~
21

From: Deborah Marchant [mailto:deborah.marchant@gmail.com] 

Sent: Friday, November 15, 2013 3:30 PM

To: Perez, Richelle (ECY)

Subject: Re: Public Comments on "Solid Fuel Burning Devices 173-433WAC" due by November 15, 2013. 

Dear Richelle Perez of the

Washington State Department of Ecology

Air Quality Program. Thank you for your assistance. 

Today, I Deborah witnessed, between 12:40 and 1:40 pm, seven (7) and newly found residences 

that are indoor wood burning, and within the .5 x 1.3 radius of our home.

Five of these newly found wood burners are among the seven (7) new complaints we emailed to 

the PSCAA today. Three of these wood burners were burning between 10:10 - 11:10 am today. 

(Five more additional wood burners were discovered outside the .5 x 1.3 area. Three of these were 

discovered a block away from the Shoreline Police Station.) 

The seven more newly discovered wood burners, between 12:40 and 1:40 pm, add to the previous 

total of 30, making it 37 different and witnessed indoor wood burning within our .5 x 1.3 area, in 

about the past two (2) weeks. 

Any wood burners not reported by us yet to the PSCAA are only waiting for us to recheck their 

home addresses, or to determine if in fact the metal stack or pipe attached to their chimney is 

attached to a wood stove. Some metal stacks are used for gas, therefore we are making sure we are 

reporting wood smoke, not gas fumes that are emitted from residences. 

Our complaints are a part of the public record at PSCAA. What we have written in our complaints 

are truthful to the best of our knowledge. Our complaints are available, as are other citizens' 

complaints, for anyone to read. Please avail yourself of these complaints as a way to help 

understand the extent of damage that is happening to the air, and to human life because of legal 

and illegal wood burning. 

Best of Health, Deborah "Deb" Marchant

with Steve Marchant
22

From: Deborah Marchant [mailto:deborah.marchant@gmail.com] 

Sent: Friday, November 15, 2013 4:05 PM

To: Perez, Richelle (ECY)

Cc: Deborah Marchant

Subject: Re: Public Comments on "Solid Fuel Burning Devices 173-433WAC" due by November 15, 2013. 

Dear Richelle Perez of the

Washington State Department of Ecology

Air Quality Program. 

Please add to this also to our public comment. 

We are adding to our previous statement of "Any wood burners not reported by us yet to the 

PSCAA are only waiting for us to recheck their home addresses, or to determine if in fact the metal 

stack or pipe attached to their chimney is attached to a wood stove. Some metal stacks are used for 

gas, therefore we are making sure we are reporting wood smoke, not gas fumes that are emitted 

from residences." 

Of the 37 residences, all but about 4-5 residences with metal stacks (attached to a chimney) are 

questionable. I, Deborah have seen and smelled wood smoke and fumes coming from all 37 

residences that I've witnessed indoor wood burning. It is the 4-5 residences that I was unable to 

smell wood smoke coming from today and yesterday. The wind blew the smoke and fumes in the 

opposite direction, and it was hard for me to be sure of their source on the next street. 

The air here is becoming more and more full of smoke overall. This sometimes makes it even 

harder for I, Deborah to locate the exact source of wood smoke and fumes, when two or more 

residents are burning wood sometimes next door or near to each other. 

During my (Deborah's) investigation in the past two days, to help us discover who is burning 

wood in my neighborhood, I have been stunned by the larger than expected number of wood 

burners. 

I, Deborah have also and am experiencing the inflammatory effects of toxic wood smoke and fume 

exposure. These include headaches, itching skin, watery eyes, lack of breath, and unable to deep 

breath easily. 

Very Concerned Private Citizens, 

Deborah "Deb" Marchant 

with Steve Marchant
23

Appendix B: Certification of public hearing.
24

DEPARMENT OF ECOLOGY

HEARING SUMMARY

M E M O R A N D U M

November 12, 2013

TO: Maia Bellon

Director

FROM: Melanie Forster

Hearings Officer

SUBJECT: Public Hearing Summary for Solid Fuel Burning Devices Rule

WAC title: 173-433, Solid Fuel Burning Devices

Topic: Updates the current Solid Fuel Burning Devices rule to align with statutory changes and meet 

EPA requirements.

Program name: Air Quality

Name(s) of Ecology employee(s) at hearing: Richelle Perez, Nancy Pritchett, Melanie Pearson, and 

Joanna Ekrem

Hearing location(s): Department of Ecology Headquarters, ROA 36

Total number of people at hearing(s): 5

Total number of testimonies: 1

Summary of Comments:

All public hearing attendees participated by webinar. One provided testimony. This individual did not find the new 

rule stringent enough and would like to see stronger prohibitions on wood burning.

This rule proposal hearing preceded a hearing on including this updated rule in Washington’s State Implementation 

Plan.

cc: Polly Zehm

Stuart Clark

Bari Schreiner

Richelle Perez

Julie Oliver
25

DEPARMENT OF ECOLOGY

HEARING SUMMARY

M E M O R A N D U M

November 12, 2013

TO: Maia Bellon

Director

FROM: Melanie Forster

Hearings Officer

SUBJECT: Public Hearing Summary for the SIP revision to include the updated Solid Fuel 

Burning Devices rule.

Topic: Includes the updated Chapter 173-433 WAC, Solid Fuel Burning Devices in Washington’s 

State Implementation Plan.

Program name: Air Quality

Name(s) of Ecology employee(s) at hearing: Richelle Perez, Nancy Pritchett, Melanie Pearson, and 

Joanna Ekrem

Hearing location(s): Department of Ecology Headquarters, ROA 36

Total number of people at hearing(s): 5

Total number of testimonies: 1

Summary of Comments:

All public hearing attendees participated by webinar. One provided testimony. This individual stated that improved 

standards for wood stoves would not be adequate measures to keep the air clean and expressed a desire to submit 

written comments at a later date.

This proposed SIP revision hearing immediately followed a hearing on proposed updates to Chapter 173-433 WAC, 

Solid Fuel Burning Devices. 

cc: Polly Zehm

Stuart Clark

Bari Schreiner

Richelle Perez

Julie Oliver
26

Appendix C: Transcripts from public hearings.

Public Hearing Summary for Solid Fuel Burning Devices Rule

Lacey, WA November 7th, 2013 7:29 pm

HEARING OFFICER: I’m Melanie Forster, hearing’s officer for this hearing. This evening we 

are to conduct a hearing on the rule proposal for Chapter 173-433 WAC, Solid fuel burning 

devices. Let the record show it’s 7:29 pm on November 7th, 2013 and this hearing is being held at 

the Department of Ecology Headquarters’ Auditorium room 36/ 300 Desmond Drive SE/ Lacey, 

WA 98503. Legal notices of this hearing were published in the Washington State Register on 

October 16, 2013, Washington State Register number 13-20-129. Notices of the hearing were sent 

to an email list of interested people and a news release was issued on October 2, 2013. Legal 

notices were published in Ecology’s online public involvement calendar and in the Daily Journal 

of Commerce, and Tacoma News Tribune on October 7th, 2013. I will be calling on people to 

provide testimony based on the order in which you request to testify to AQHost. Please let us 

know if you would like to provide testimony and we’ll unmute your phone line so that we can hear 

you testify and get a recording of your testimony for the public record. 

HEARING OFFICER: Alright, we have someone who has indicated that they would like to 

provide testimony. When I call your name, please state your name and address for the record and 

speak clearly so that we can get a good recording of your testimony. We have Deborah Marchant. 

Can you hear us Deborah?

RICHELLE PEREZ: Deborah has indicated that she is going to type in her testimony and then 

Melanie is going to read it out for us.

MODERATOR: Deborah’s testimony states that she is a clean advocate on behalf of phasing out 

wood burning throughout our state. 

MODERATOR: She would also like to add that she is a clean air advocate.

HEARING OFFICER: Alright. Thank you for your testimony Deborah. Is there anyone else who 

wishes to provide oral testimony? 

MODERATOR: It looks like Deborah would like to continue. The relationship between PSCAA 

and EPA with the wood burning industry is like how a member of the family is allowed to smoke 

inside. Thank you.

HEARING OFFICER: We are going to hear some more testimony from Deborah Marchant.

MODERATOR: She continues. They are allowed to smoke inside by a head of the household 

even though the rest of the family does not want to breathe the smoke. Thank you. 

HEARING OFFICER: Alright, is there anyone else who would like to provide testimony. If you 

indicate that you would like to provide testimony, we can unmute your phone line and you can 

speak directly into your phone. 
27

HEARING OFFICER: Alright, it looks like no one else wishes to provide oral testimony. So, I’m 

going to talk about submitting written comments. If you would like to send Ecology written 

comments, please remember that they are due, received or postmarked by November 15, 2013. As 

I mentioned before, please specify if you are commenting about the rule proposal, including the 

rule in the SIP, or both. You may send your comments to:

Richelle Perez/ PO Box 47600, Olympia, WA 98504-7600 or email your comments to 

AQComments@ecy.wa.gov, you may also fax your comments to 360-407-7534.

All testimony received at this hearing along with all written comments received or postmarked no 

later than November 15, 2013 will be part of the official hearing record for this proposal. Ecology 

will send notice about the Concise Explanatory Statement or CES publication to everyone that 

provided written comments or oral testimony on this rule proposal and submitted their contact 

information, everyone that signed in for today’s hearing or webinar that provided an email address, 

and other interested parties on the agency’s mailing list for the rule. The CES will, among other 

things, contain the agency’s response to questions and issues of concern that were submitted 

during the public comment period. If you would like to receive a copy but did not give us your 

contact information, please let one of the staff at this hearing know or contact Richelle Perez at the 

contact information provided for submitting comments. 

The next step is to review the comments and make a determination about whether to adopt the rule. 

Ecology director Maia Bellon will consider the rule documentation and staff recommendations and 

will make a decision about adopting the proposal. Adoption is currently scheduled for January 9th, 

2014. If the proposed rule should be adopted that day and filed with the code reviser, it will go 

into effect 31 days later. If we can be of further help to you, please do not hesitate to ask, or you 

can contact Richelle Perez if you have other questions. On behalf of the Department of Ecology, 

thank you for joining us. I appreciate your cooperation and courtesy. Let the record show that this 

hearing is adjourned at 7:40 pm. 

Public Hearing Summary for the SIP revision to include the updated Solid Fuel Burning Devices rule.

Lacey, WA November 7th, 2013 7:52 pm

HEARING OFFICER: I am Melanie Forster, hearing officer for this hearing. This evening we are 

to conduct a hearing on including the updated solid fuel burning devices rule in the State 

Implementation Plan or SIP. Let the record show, its 7:52 pm on November 7th, 2013. This 

hearing is being held at the Department of Ecology – Headquarters building, auditorium room 36 

at 300 Desmond Drive, Lacey, Washington, 98503. 

Notices of this hearing were sent to an email list of interested people and a news release was issued 

on October 2nd, 2013. Notice was also published in Ecology’s online public involvement calendar, 

in the Daily Journal of Commerce and the Tacoma News Tribune on October 7th, 2013. 

If you wish to provide testimony, please indicate in your chat box to AQHost and we will call on 

you to provide testimony. 

Deborah Marchant has indicated that she would like to provide testimony. 

Melanie Pearson will be reading the testimony that Ms. Marchant is providing. 
28

MODERATOR: Deborah states, I am aware that improving the standards of wood stoves will not 

keep our air clean. 

Thank you Deborah. We will accept your written comments.

HEARING OFFICER: Would anyone else like to provide oral testimony? We can unmute your 

phone line so that you can speak directly into your phone. 

It looks like no one else wishes to provide oral testimony. So, I am going to go over the steps 

again for submitting written comments. 

If you would like to send Ecology written comments, please remember that they are due received 

or postmarked by November 15, 2013.

Again, you can send them to Richelle Perez/ PO Box 47600/ Olympia, WA 98504-7600. You may 

also email comments to AQComments@ecy.wa.gov. You may also fax comments to (360) 407-

7534. All testimony received at this hearing, along with all written comments postmarked no later 

than November 15, 2013 will be part of the official hearing record for this proposal. As a 

mentioned before, please specify whether you are commenting on the rule proposal, including the 

rule in the SIP, or both. Ecology will send notice about the response to comments to everyone that 

provided written comments or oral testimony on this rule proposal and submitted their contact 

information, everyone that signed into for today’s webinar that provided an email address, and 

other interested parties on the agency’s mailing list for this SIP proposal. The response to 

comments will, among other things, contain the agency’s response to questions and issues of 

concern that were submitted during the public comment period. If you would like to receive a 

copy but did not give us your contact information, please contact Richelle Perez at the contact 

information provided for submitting comments. 

The next step is to review the comments and make a determination whether to submit the proposed 

SIP revision to the EPA. The response to comments will be posted on Ecology’s website. Ecology 

director, Maia Bellon, will consider the SIP submittal documentation and staff recommendations 

and will make a decision about adopting the SIP revision. Ecology will submit the proposed SIP 

revision to EPA after adoption, which is currently scheduled for January 9th, 2014. EPA will then 

accept public comments before making a decision to approve the SIP revision. 

If we can be of further help to you, please do not hesitate to ask or you can contact Richelle Perez 

if you have other questions. On behalf of the Department of Ecology, thank you for joining us. I 

appreciate your cooperation and courtesy. Let the record show that this hearing is adjourned at 

7:58 pm. 
29

Appendix D: Copies of public involvement 

notices




34
35

From: Perez, Richelle (ECY) 

Sent: Wednesday, October 02, 2013 4:21 PM

To: Perez, Richelle (ECY)

Subject: Ecology updates State Implementation Plan and rules for Wood Stoves

Hello.

The Department of Ecology proposes to update Solid Fuel Burning Devices, Chapter 173-433 

WAC. The Washington State Register will publish the rule proposal on October 16, 2013. 

Additionally, Ecology proposes to submit the Solid Fuel Burning Devices rule to EPA for 

inclusion into the Washington State Implementation Plan (SIP).

Where do I find more information about the rule proposal?

The attached Rule Proposal Notice has information about the purpose of the proposal and how 

to participate in the formal comment period. You can also go to 

http://www.ecy.wa.gov/programs/air/rules/rules_laws.html for more information. 

What is the anticipated timeline for this rule making?

 Proposed Rule filed for public comment (CR-102) 10/2/2013

 Public hearing for rule and SIP 11/7/2013

 End of formal comment period 11/15/2013

 Final Rule Adoption (CR-103) No earlier than 1/9/2014

Please let me know if you have questions. 

Sincerely,

Richelle Perez

Washington State Department of Ecology

Air Quality Program

360-407-7528

AQComments@ecy.wa.gov
Rule Proposal and SIP Revision Notice

Publication Number: 13-02-015 1

Air Quality Program October 2013

MORE INFORMATION

Formal comment period from 

October 2, 2013 through 

November 15, 2013

Public Hearing: 

Ecology will hold two 

consecutive public hearings 

the first for the rule proposal 

and the second for the SIP 

revision.

Date: 

Thursday, November 7, 2013

7:00 p.m.

Location: 

Department of Ecology HQ 

300 Desmond Drive SE

Lacey, WA 98503

Join via webinar: 

Webinar Log-in 

 

More information online: 

http://www.ecy.wa.gov/lawsrules/wac173433/1204.html

Contact information:

Richelle Perez

Air Quality Program

PO Box 17600

Olympia, WA 98504-7600

360-407-7528

richelle.perez@ecy.wa.gov

Special accommodations:

For special accommodations 

or documents in alternate 

format, call 360-407-6800, 711 

(relay service), or 877-833-

6341 (TTY).

Solid Fuel Burning Devices Update

The Department of Ecology proposes to adopt amendments to its Solid 

Fuel Burning Devices rule, Chapter 173-433 WAC. Solid fuel burning 

devices include wood stoves, fireplaces, pellet stoves, and masonry 

heaters. 

The rule proposal will be published in the Washington State Register on 

October 16, 2013. If the rule amendments are adopted, Ecology 

proposes to submit this rule to the Environmental Protection Agency 

(EPA) for inclusion into the Washington State Implementation Plan 

(SIP). The SIP is a statewide plan for meeting air quality standards.

What is the purpose of the rule proposal?

Solid Fuel Burning Devices (Chapter 173-433 WAC) helps to reduce 

Washington’s wood smoke emissions to meet federal air quality 

standards. The focus of this rule making is to:

• Modify trigger levels for calling burn bans in areas at risk for 

nonattainment as outlined in statute.

• Align the rule with other statutory changes.

• Meet EPA requirements.

• Help Washington’s efforts to improve air quality in areas 

affected by pollution from wood stoves.

• Include housekeeping-type changes to the rule identified during 

rule making.

What is the purpose of the SIP revision?

The purpose of the SIP revision is to incorporate the updated Solid Fuel 

Burning Device rule into the SIP to meet federal Clean Air Act 

requirements. If the rule is adopted, Ecology will then submit the 

updated rule to EPA for inclusion in the Washington State 

Implementation Plan with the following exceptions:

• WAC 173-433-130, General Emissions Standards

• WAC 173-433-170, Retail Sales Fee

• WAC 173-433-200, Regulatory Actions and Penalties

Even though the SIP will not include WAC 173-433-200, Regulatory 

Actions and Penalties, Ecology is providing this provision to EPA. This

demonstrates that Ecology has adequate enforcement authority to 

implement the rule. However, rules describing agency enforcement 

authority are not put into the SIP to avoid potential conflict with the 

EPA’s independent authorities. 
Publication Number: 13-02-015 2 Please reuse and recycle

Air Quality Program October 2013

Including the revised Solid Fuel Burning Devices rule in the SIP will:

• Support the maintenance plan for the Tacoma-Pierce County Nonattainment Area. The 

maintenance plan outlines how Washington will ensure that the area continues to meet the 

national ambient air quality standard for fine particles. 

• Help reduce levels of fine particle pollution in other areas of Washington.

Public hearing information

Ecology will hold two consecutive public hearings:

November 7, 2013 Department of Ecology 

7:00 p.m. Headquarters Building

300 Desmond Drive SE

Lacey, WA 98503

A presentation and question and answer session will begin at 7:00 p.m. and will be followed by the 

formal public hearings.

During the first hearing, Ecology will explain the updated rule, answer questions, and then invite 

comments on the proposed rule. Immediately after the close of the rule proposal hearing, a second 

hearing will begin. At this hearing, Ecology invites comments on the proposal to submit the revised rule

(except subsection 130, 170, and 200) to EPA for inclusion in the SIP. The rule revisions are intended to 

meet the requirements of Section 110(a)(2), Parts A, C and D, of the federal Clean Air Act.

Webinar

Ecology is also offering this presentation, question and answer session and formal public hearing via 

webinar. Webinars are an online meeting forum that you can attend from any computer using internet 

access. For more information and instructions, go to www.ecy.wa.gov/programs/air/rules/webinars.htm.

Click to Join the Webinar 

Comments

Ecology will accept formal comments at the Ecology location through the phone at (1-877-668-

4493/access code 922 294 309). For more information and instructions, go to 

www.ecy.wa.gov/programs/air/rules/webinars.htm.

What documents are available for review and comment?

The following documents are now available for review and comment:

Rule documents including:

 Proposed rule language

 Determination of Nonsignificance (DNS) under the State Environmental Policy Act

Proposed SIP language

You can download these documents at http://www.ecy.wa.gov/laws-rules/wac173433/1204.html
Publication Number: 13-02-015 3 Please reuse and recycle

Air Quality Program October 2013

Submit your comments

The comment period ends November 15, 2013. We request that comments clearly identify whether they 

are addressing the rule, the proposed SIP action, or both.

You can give us your official comments in the following ways:

1. Testify or submit written comments at public hearings.

2. Testify via webinar by phone at the public hearings.

3. Email your comments to: AQComments@ecy.wa.gov

4. Mail comments to:

Department of Ecology

Richelle Perez

PO Box 47600

Olympia, WA 98504-7600

5. FAX comments to: (360) 407-7534

Ecology’s response to your comments

All of the comments we receive will become part of the official record. For the rule proposal, we will 

publish responses to comments in a document called a Concise Explanatory Statement (CES). The CES is 

required by the Administrative Procedure Act (RCW 34.05) and is available after the rule is adopted. For 

the SIP proposal we will include a response to comments in the final submittal to EPA. You will find 

your name listed in the document with a reference to where, in the document, Ecology responded your 

comments.

Expected adoption date

Ecology expects to adopt this rule no earlier than January 9, 2014.