Chapter 173-433 WAC

SOLID FUEL BURNING DEVICES

Last Update: 9/6/07

WAC

173-433-010 Purpose.

173-433-020 Applicability.

173-433-030 Definitions.

173-433-100 Emission performance standards.

173-433-110 Opacity standards.

173-433-120 Prohibited fuel types.

173-433-130 General emission standards.

173-433-140 Impaired air quality criteria.

173-433-150 Curtailment.

173-433-170 Retail sales fee.

173-433-200 Regulatory actions and penalties.

WAC 173-433-010 Purpose. This chapter, promulgated under

chapters 43.21A and 70.94 RCW, establishes emission standards,

certification standards and procedures, curtailment rules, and

fuel restrictions for solid fuel burning devices.

[Statutory Authority: Chapters 70.94 and 43.21A RCW. 88-01-056

(Order 87-44), § 173-433-010, filed 12/16/87.]

WAC 173-433-020 Applicability. The provisions of this

chapter apply to solid fuel burning devices in all areas of the

state of Washington.

[Statutory Authority: Chapters 70.94 and 43.21A RCW. 88-01-056

(Order 87-44), § 173-433-020, filed 12/16/87.]

WAC 173-433-030 Definitions. The definitions of terms

contained in chapter 173-400 WAC are incorporated by reference. 

Unless a different meaning is clearly required by context, the

following words and phrases as used in this chapter, shall have

the following meanings:

(1) "Adequate source of heat" means the ability to maintain

seventy degrees Fahrenheit at a point three feet above the floor

in all normally inhabited areas of a dwelling.

(2) "Certified" means that a woodstove meets emission

performance standards when tested by an accredited independent

laboratory and labeled according to procedures specified by the

EPA in "40 CFR 60 Subpart AAA - Standards of Performance for

Residential Wood Heaters" as amended through July 1, 1990.

(3) "Coal-only heater" means an enclosed, coal burning

appliance capable of and intended for residential space heating,

domestic water heating, or indoor cooking, which has all of the

following characteristics:

(a) An opening for emptying ash which is located near the

bottom or the side of the appliance;

(b) A system which admits air primarily up and through the

fuel bed;

(c) A grate or other similar device for shaking or
disturbing the fuel bed or power driven mechanical stoker; and

(d) The model is listed by a nationally recognized safety

testing laboratory for use of coal only, except for coal ignition

purposes.

(4) "EPA" means United States Environmental Protection

Agency.

(5) "New woodstove" means a woodstove that has not been 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 has not been so used as to become what is commonly

known as "second hand" within the ordinary meaning of that term.

(6) "Nonaffected pellet stove" means that a pellet stove has

an air-to-fuel ratio equal to or greater than 35.0 when tested by

an accredited laboratory in accordance with methods and

procedures specified by the EPA in "40 CFR 60 Appendix A, REFERENCE METHOD 28A -

MEASUREMENT OF AIR TO FUEL RATIO AND MINIMUM ACHIEVABLE BURN RATES FOR WOOD-FIRED APPLIANCES" as

amended through July 1, 1990.

(7) "Retailer" means any person engaged in the sale of solid

fuel burning devices directly to the public. A contractor who

sells dwellings with solid fuel burning devices installed or a

mail order outlet which sells solid fuel burning devices directly

to the public is considered to be a solid fuel burning device

retailer.

(8) "Seasoned wood" means wood of any species that has been

sufficiently dried so as to contain twenty percent or less

moisture by weight.

(9) "Solid fuel burning device" (same as solid fuel heating

device) means a device that burns wood, coal, or any other

nongaseous or nonliquid fuels, and includes any device burning

any solid fuel except those prohibited by WAC 173-433-120. This

also includes devices used for aesthetic or space-heating

purposes in a private residence or commercial establishment,

which has a heat input less than one million British thermal

units per hour.

(10) "Treated wood" means wood of any species that has been

chemically impregnated, painted, or similarly modified to prevent

weathering and deterioration.

(11) "Woodstove" (same as "wood heater") means an enclosed

solid fuel burning device capable of and intended for residential

space heating and domestic water heating that meets the following

criteria contained in "40 CFR 60 Subpart AAA - Standards of

Performance for Residential Wood Heaters" as amended through July

1, 1990:

(a) An air-to-fuel ratio in the combustion chamber averaging

less than 35.0, as determined by EPA Reference Method 28A;

(b) A useable firebox volume of less than twenty cubic feet;

(c) A minimum burn rate less than 5 kg/hr as determined by

EPA Reference Method 28;

(d) A maximum weight of 800 kg, excluding fixtures and

devices that are normally sold separately, such as flue pipe,

chimney, and masonry components not integral to the appliance.

Any combination of parts, typically consisting of but not

limited to: Doors, legs, flue pipe collars, brackets, bolts and

other hardware, when manufactured for the purpose of being

assembled, with or without additional owner supplied parts, into

a woodstove, is considered a woodstove.
[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order

90-58), § 173-433-030, filed 3/20/91, effective 4/20/91. 

Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), §

173-433-030, filed 9/17/90, effective 10/18/90. Statutory

Authority: Chapters 70.94 and 43.21A RCW. 89-02-054 (Order

88-38), § 173-433-030, filed 1/3/89; 88-01-056 (Order 87-44), §

173-433-030, filed 12/16/87.]

WAC 173-433-100 Emission performance standards. (1)

Woodstoves. On or before January 1, 1995, a person shall not

advertise to sell, offer to sell, sell, bargain, exchange, or

give away a new woodstove in Washington unless it has been tested

to determine its emission performance and heating efficiency and

certified and labeled in accordance with procedures and criteria

specified in "40 CFR 60 Subpart AAA - Standards of Performance

for Residential Wood Heaters" as amended through July 1, 1990. 

After January 1, 1995, woodstove sales shall comply with the

requirements of subsection (3) of this section, Solid fuel

burning devices.

(2) Fireplaces. After January 1, 1997, a person shall not

advertise to sell, offer to sell, sell, bargain, exchange, or

give away a factory built fireplace unless it meets the 1990

United States Environmental Protection Agency standards for

woodstoves or equivalent standard that may be established by the

state building code council by rule. Subsection (3) of this

section shall not apply to fireplaces, including factory built

fireplaces, and masonry fireplaces.

(3) Solid fuel burning devices. After January 1, 1995, a

person shall not advertise to sell, offer to sell, sell, bargain,

exchange, or give away a solid fuel burning device in Washington

unless it has been certified and labeled in accordance with

procedures and criteria specified in "40 CFR 60 Subpart AAA -

Standards of Performance for Residential Wood Heaters" as amended

through July 1, 1990, and meets the following particulate air

contaminant emission standards and the test methodology of the

United States Environmental Protection Agency in effect on

January 1, 1991, or an equivalent standard under any test

methodology adopted by the United States Environmental Protection

Agency subsequent to such date:

(a) Two and one-half grams per hour for catalytic

woodstoves; and

(b) Four and one-half grams per hour for all other solid

fuel burning devices.

(c) For purposes of this subsection, "equivalent" shall mean

the emissions limits specified in this subsection multiplied by a

statistically reliable conversion factor determined by ecology

that relates the emission test results from the methodology

established by the United States Environmental Protection Agency

prior to May 15, 1991, to the test results from the methodology

subsequently adopted by that agency.

[Statutory Authority: Chapter 70.94 RCW and 501-506 ESHB 1028,

1991. 93-04-105 (Order 91-55), § 173-433-100, filed 2/3/93,

effective 3/6/93. Statutory Authority: Chapter 70.94 RCW. 
91-07-066 (Order 90-58), § 173-433-100, filed 3/20/91, effective

4/20/91. Statutory Authority: RCW 70.94.331. 90-19-062 (Order

90-10), § 173-433-100, filed 9/17/90, effective 10/18/90. 

Statutory Authority: Chapters 70.94 and 43.21A RCW. 89-02-054

(Order 88-38), § 173-433-100, filed 1/3/89; 88-01-056 (Order

87-44), § 173-433-100, filed 12/16/87.]

WAC 173-433-110 Opacity standards. (1) A person shall not

cause or allow emission of a smoke plume from any solid fuel

burning device to exceed an average of twenty percent opacity for

six consecutive minutes in any one-hour period.

(2) Statewide opacity standard. An authority shall not

adopt or enforce an opacity level for solid fuel burning devices

that is more stringent than the statewide standard.

(3) Test method and procedures. Methods and procedures

specified by the EPA in "40 CFR 60 Appendix A reference method 9

- VISUAL DETERMINATION OF THE OPACITY OF EMISSIONS FROM STATIONARY SOURCES" as

amended through July 1, 1990, shall be used to determine

compliance with subsection (1) of this section.

(4) Enforcement. Smoke visible from a chimney, flue or

exhaust duct in excess of the opacity standard shall constitute

prima facie evidence of unlawful operation of an applicable solid

fuel burning device. This presumption may be refuted by

demonstration that the smoke was not caused by an applicable

solid fuel burning device. The provisions of this requirement

shall:

(a) Be enforceable on a complaint basis.

(b) Not apply during the starting of a new fire for a period

not to exceed twenty minutes in any four-hour period.

(5) 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 ten percent or less

are attainable through proper operation.

[Statutory Authority: Chapter 70.94 RCW and 501-506 ESHB 1028,

1991. 93-04-105 (Order 91-55), § 173-433-110, filed 2/3/93,

effective 3/6/93. Statutory Authority: Chapter 70.94 RCW. 

91-07-066 (Order 90-58), § 173-433-110, filed 3/20/91, effective

4/20/91. Statutory Authority: RCW 70.94.331. 90-19-062 (Order

90-10), § 173-433-110, filed 9/17/90, effective 10/18/90. 

Statutory Authority: Chapters 70.94 and 43.21A RCW. 88-01-056

(Order 87-44), § 173-433-110, filed 12/16/87.]

WAC 173-433-120 Prohibited fuel types. A person shall not

cause or allow any of the following materials to be burned in a

solid fuel burning device:

(1) Garbage;

(2) Treated wood;

(3) Plastic and plastic products;

(4) Rubber products;

(5) Animal carcasses;

(6) Asphaltic products;
(7) Waste petroleum products;

(8) Paints and chemicals; or

(9) Any substance which normally emits dense smoke or

obnoxious odors other than paper to start the fire, properly

seasoned fuel wood, or coal with sulfur content less than 1.0% by

weight burned in a coal-only heater.

[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order

90-58), § 173-433-120, filed 3/20/91, effective 4/20/91. 

Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), §

173-433-120, filed 9/17/90, effective 10/18/90. Statutory

Authority: Chapters 70.94 and 43.21A RCW. 89-02-054 (Order

88-38), § 173-433-120, filed 1/3/89; 88-01-056 (Order 87-44), §

173-433-120, filed 12/16/87.]

WAC 173-433-130 General emission standards. In addition to

the general applicability of chapter 173-400 WAC to all emission

sources;

(1) Emissions detrimental to persons or property. No person

shall cause or permit the emission of any air contaminant from an

identifiable solid fuel burning device, including any air

contaminant whose emission is not otherwise prohibited by this

chapter, if the air contaminant emission causes detriment to the

health, safety, or welfare of a person, plant or animal, or

causes damage to property or business.

(2) Odors. Any person who shall cause or allow the

generation of any odor from any solid fuel burning device which

may interfere with any other property owner's use or enjoyment of

his property must use recognized good practice and procedures to

reduce these odors to a reasonable minimum.

[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order

90-58), § 173-433-130, filed 3/20/91, effective 4/20/91. 

Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), §

173-433-130, filed 9/17/90, effective 10/18/90. Statutory

Authority: Chapters 70.94 and 43.21A RCW. 89-02-054 (Order

88-38), § 173-433-130, filed 1/3/89.]

WAC 173-433-140 Impaired air quality criteria. Impaired

air quality shall be determined by ecology or an authority in

accordance with the following criteria:

(1) "First stage impaired air quality" - the first stage

indicates the presence of:

(a) Particulate matter ten microns and smaller in diameter

(PM10) at or above an ambient level of seventy-five micrograms per

cubic meter; or

(b) Carbon monoxide at or above an ambient level of eight

parts of contaminant per million parts of air by volume (ppm).

(2) "Second stage impaired air quality" - the second stage

indicates the presence of particulate matter ten microns and

smaller in diameter (PM10) at or above an ambient level of one

hundred five micrograms per cubic meter.

(3) On or after July 1, 1995, if an authority has
geographically limited the use of solid fuel burning devices as

specified under WAC 173-433-150(6), a single stage of impaired

air quality will apply within the geographical area defined by

the authority. A single stage of impaired air quality indicates

the presence of:

(a) Particulate matter ten microns and smaller in diameter

(PM10) at or above an ambient level of ninety micrograms per cubic

meter; or

(b) Carbon monoxide at or above an ambient level of eight

parts of contaminant ppm.

(4) Acceptable ambient air quality measurement methods.

(a) Particulate matter ten microns and smaller in diameter

(PM10).

(i) Procedures specified by the EPA in "40 CFR 50, APPENDIX J - REFERENCE

METHOD FOR THE DETERMINATION OF PARTICULATE MATTER AS PM10 IN THE ATMOSPHERE" as amended

through July 1, 1990, shall be used to gather reference ambient

PM10 data on a twenty-four-hour average.

(ii) More timely ambient PM10 measurement methods may be

utilized to evaluate air quality impairment if accepted and

approved by ecology. Any alternative method for evaluating air

quality impairment for the purpose of curtailing solid fuel

burning device use must be done at the same location and in

parallel to the reference method, and must be related to the

reference method by a mathematical relationship with a

correlation coefficient of no less than 0.85.

(b) Carbon monoxide (CO) must be measured on an eight-hour

average in accordance with procedures specified by the EPA in "40

CFR 50, APPENDIX C - REFERENCE METHOD FOR THE DETERMINATION OF CARBON MONOXIDE IN THE ATMOSPHERE

(NON-DISPURSIVE INFRARED PHOTOMETRY)" as amended through July 1, 1990.

(c) All monitors used to measure PM10 for evaluation of air

quality impairment due to solid fuel burning device use must be

sited in accordance with EPA siting criteria in or near affected

residential areas.

[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order

90-58), § 173-433-140, filed 3/20/91, effective 4/20/91.]

WAC 173-433-150 Curtailment. (1) Whenever ecology or an

authority has declared the first stage of impaired air quality

for a geographical area a person in a residence or commercial

establishment within that geographical area with an adequate

source of heat other than a solid fuel burning device shall not

operate any solid fuel burning device, unless the solid fuel

burning device is one of the following:

(a) A nonaffected pellet stove; or

(b) A woodstove certified and labeled by the EPA under "40

CFR 60 Subpart AAA - Standards of Performance for Residential

Wood Heaters" as amended through July 1, 1990; or

(c) A woodstove meeting the "Oregon Department of

Environmental Quality Phase 2" emissions standards contained in

Subsections (2) and (3) of Section 340-21-115, and certified in

accordance with "Oregon Administrative Rules, Chapter 340,

Division 21 - Woodstove Certification" dated November 1984.

(2) Whenever ecology or an authority has declared the second

stage of impaired air quality for a geographical area a person in
a residence or commercial establishment within that geographical

area with an adequate source of heat other than a solid fuel

burning device shall not operate any solid fuel burning device.

(3) Whenever ecology has declared an air pollution episode

at a level above forecast a person in a residence or commercial

establishment within that geographical area with an adequate

source of heat other than a solid fuel burning device shall not

operate any solid fuel burning device.

(4) The following matrix graphically illustrates the

applicability of different types of solid fuel burning devices to

the provisions of subsections (1) through (3) of this section:

Burn Condition

Impaired Air

Quality Episode

Type of Device

First

Stage

Second

Stage

Forec

ast

Alert,

Warnin

g,

or

Emerge

ncy

Pellet Stove

(nonaffected)

OK NO OK NO

EPA Certified

Woodstove

OK NO OK NO

DEQ Phase 2 Woodstove OK NO OK NO

EPA Exempted Device NO NO OK NO

All Other Devices NO NO OK NO

NOTES: "OK" indicates that the device may be operated

"NO" indicates that the device may not be operated

(5) On or after July 1, 1995, an authority may prohibit use

of solid fuel burning devices within specific geographical areas:

(a) The following factors shall be considered in the

exercise of this limitation:

(i) The contribution of solid fuel devices that do not meet

the standards set forth in "40 CFR 60 Subpart AAA -Standards of

Performance for Residential Wood Heaters" as amended through July

1, 1990, to nonattainment of national ambient air quality

standards;

(ii) The population density of the applicable geographical

area; and

(iii) The public health effects of the use of solid fuel

devices which do not meet the standards set forth in "40 CFR 60

Subpart AAA - Standards of Performance for Residential Wood

Heaters" as amended through July 1, 1990.

(b) The following solid fuel devices are exempted from this

limitation:

(i) Fireplaces;

(ii) Woodstoves certified and labeled by the EPA under "40

CFR 60 Subpart AAA - Standards of Performance for Residential

Wood Heaters" as amended through July 1, 1990; or

(iii) Nonaffected pellet stoves.

(c) An authority shall allow an exemption from this

subsection for low-income persons who reside in the geographical

area affected by this subsection.

(6) On or after July 1, 1995, whenever an authority has
declared impaired air quality in accordance with criteria

contained in WAC 173-433-140(3) for a geographical area defined

under subsection (5) of this section, a person in a residence or

commercial establishment within that geographical area shall not

operate any solid fuel burning device.

(7) A person responsible for an applicable solid fuel

burning device already in operation at the time an episode is

declared shall withhold new solid fuel for the duration of the

episode. A person responsible for an applicable solid fuel

burning device already in operation at the time impaired air

quality is declared shall withhold new solid fuel for the

duration of the impaired air quality. Smoke visible from a

chimney, flue or exhaust duct after three hours has elapsed from

the declaration of the episode or impaired air quality shall

constitute prima facie evidence of unlawful operation of an

applicable solid fuel burning device. This presumption may be

refuted by demonstration that the smoke was not caused by a solid

fuel burning device.

(8) Ecology, authorities, health departments, fire

departments, or local police forces having jurisdiction in the

area may enforce compliance with the above solid fuel burning

device curtailment rules after three hours has elapsed from the

declaration of the episode or impaired air quality.

[Statutory Authority: Chapter 70.94 RCW. 91-07-066 (Order

90-58), § 173-433-150, filed 3/20/91, effective 4/20/91. 

Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), §

173-433-150, filed 9/17/90, effective 10/18/90. Statutory

Authority: Chapters 70.94 and 43.21A RCW. 88-01-056 (Order

87-44), § 173-433-150, filed 12/16/87.]

WAC 173-433-170 Retail sales fee. Fees can be found in

chapter 173-455 WAC.

[Statutory Authority: RCW 70.94.181, [70.94.]152, [70.94.]331,

[70.94.]650, [70.94.]745, [70.94.]892, [70.94.]011. 07-19-005

(Order 07-10), § 173-433-170, filed 9/6/07, effective 10/7/07. 

Statutory Authority: Chapter 70.94 RCW and 501-506 ESHB 1028,

1991. 93-04-105 (Order 91-55), § 173-433-170, filed 2/3/93,

effective 3/6/93. Statutory Authority: Chapter 70.94 RCW. 

91-07-066 (Order 90-58), § 173-433-170, filed 3/20/91, effective

4/20/91. Statutory Authority: Chapters 70.94 and 43.21A RCW. 

89-02-054 (Order 88-38), § 173-433-170, filed 1/3/89.]

WAC 173-433-200 Regulatory actions and penalties. A person

in violation of this chapter may be subject to the provisions of

WAC 173-400-230 Regulatory actions and WAC 173-400-240 Criminal

penalties.

[Statutory Authority: RCW 70.94.331. 90-19-062 (Order 90-10), §

173-433-200, filed 9/17/90, effective 10/18/90. Statutory

Authority: Chapters 70.94 and 43.21A RCW. 88-01-056 (Order

87-44), § 173-433-200, filed 12/16/87.]