CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE

BILL 2326

Chapter 219, Laws of 2012

62nd Legislature 2012 Regular

Session

SOLID FUEL

BURNING DEVICES--AIR QUALITY

EFFECTIVE DATE: 06/07/12

Passed by

the House March

5, 2012 Yeas 62 Nays

32

FRANK CHOPP Speaker of

the House of

Representatives

Passed by

the Senate March

2, 2012 Yeas 26 Nays

21

BRAD OWEN President of

the Senate CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2326 as passed by the House of Representatives and the Senate on the dates

hereon set forth.

BARBARA BAKER Chief Clerk

Approved March

30, 2012, 11:40

a.m.

CHRISTINE GREGOIRE Governor of

the State of

Washington FILED March 30, 2012

Secretary of

State State of

Washington_____________________________________________ SUBSTITUTE HOUSE

BILL 2326

_____________________________________________

AS AMENDED

BY THE SENATE Passed Legislature - 2012 Regular

Session

State of

Washington 62nd Legislature 2012 Regular Session

By House Environment (originally sponsored by Representatives Jinkins, Ladenburg, Darneille, Fitzgibbon, Upthegrove, Seaquist, Moscoso, Green, Kagi, Billig, Tharinger, Pollet, Wylie, Reykdal, McCoy, Eddy, Hunt, and Lytton)

READ FIRST

TIME 01/27/12.

1 AN ACT Relating to protecting air quality that is impacted by high 2 emitting solid fuel burning devices; amending RCW 70.94.473 and 3 70.94.477; adding a new section to chapter 70.94 RCW; and providing an 4 expiration date.

5 BE IT

ENACTED BY THE

LEGISLATURE OF THE STATE OF WASHINGTON:

6 Sec. 1. RCW 70.94.473 and 2008 c 40 s 1 are each amended to read 7 as follows: 8 (1) Any

person in a

residence or commercial establishment which has 9 an adequate

source of heat

without burning wood shall: 10 (a) Not burn wood in any solid fuel burning device whenever the 11 department has determined under RCW 70.94.715 that any air pollution 12 episode exists in that area; 13 (b) Not burn wood in any solid fuel burning device except those 14 which are

either Oregon department of environmental quality phase II or 15 United States environmental protection agency certified or certified by 16 the department under RCW 70.94.457(1) or a pellet stove either 17 certified or issued an exemption by the United States environmental 18 protection agency in accordance with Title 40, Part 60 of the code of

p. 1 SHB 2326.SL1 federal regulations, in the geographical area and for the period of 2 time that a first stage of impaired air quality has been determined, by 3 the department or any authority, for that area. 4 (i) A first stage of impaired air quality is reached when 5 forecasted meteorological conditions are predicted to cause fine 6 particulate levels to exceed thirty-five micrograms per cubic meter, 7 measured on a twenty-four hour average, within forty-eight hours , 8 except for

areas of fine

particulate nonattainment or areas at risk

for 9 fine particulate nonattainment; 10 (ii) A first stage burn ban for impaired air quality may be called 11 for a county containing fine particulate nonattainment areas or areas 12 at risk for fine particulate nonattainment, and when feasible only for 13 the necessary portions of the county, when forecasted meteorological 14 conditions are predicted to cause fine particulate levels to reach or 15 exceed thirty micrograms per cubic meter, measured on a twenty-four 16 hour average, within seventy-two hours ; and 17 (c)(i) Not burn wood in any solid fuel burning device in a 18 geographical area and for the period of time that a second stage of 19 impaired air quality has been determined by the department or any 20 authority, for that area. A second stage of impaired air quality is 21 reached when a first stage of impaired air quality has been in force 22 and has not been sufficient to reduce the increasing fine particulate 23 pollution trend, fine particulates are at an ambient level of twenty24 five micrograms per cubic meter

measured on a

twenty-four hour average, 25 and forecasted meteorological conditions are not expected to allow 26 levels of

fine particulates to decline below twenty-five micrograms per 27 cubic meter for a period of twenty-four hours or more from the time 28 that the

fine particulates are measured at the

trigger level. 29 (ii) A second stage burn ban may be called without calling a first 30 stage burn ban only when all of the following occur and shall require 31 the department or the local air pollution control authority calling a 32 second stage burn ban under this subsection to comply with the 33 requirements of subsection (( (4) )) (3) of this section: 34 (A) Fine particulate levels have reached or exceeded twenty-five 35 micrograms per cubic meter, measured on a twenty-four hour average; 36 (B) Meteorological conditions have caused fine particulate levels 37 to rise

rapidly;

SHB 2326.SL p. 21 (C) Meteorological conditions are predicted to cause fine 2 particulate levels to exceed the thirty-five micrograms per cubic 3 meter, measured on a twenty-four hour average, within twenty-four 4 hours; and 5 (D) Meteorological conditions are highly likely to prevent 6 sufficient dispersion of fine particulate. 7 (iii) In fine particulate nonattainment areas or areas at risk for 8 fine particulate nonattainment, a second stage burn ban may be called 9 for the county containing the nonattainment area or areas at risk for 10 nonattainment, and when feasible only for the necessary portions of the 11 county, without calling a first stage burn ban only when (c)(ii)(A), 12 (B), and (D) of this subsection have been met and meteorological 13 conditions are predicted to cause fine particulate levels to reach or 14 exceed thirty micrograms per cubic meter, measured on a twenty-four 15 hour average, within twenty-four hours. 16 (2) Actions of the department and local air pollution control 17 authorities under this section shall preempt actions of other state 18 agencies and local governments for the purposes of controlling air 19 pollution from solid fuel burning devices, except where authorized by 20 chapter 199, Laws of 1991. 21 (3) The department or any local air pollution control authority 22 that has called a second stage burn ban under the authority of 23 subsection (1)(c)(ii) of this section shall, within ninety days, 24 prepare a

written report describing: 25 (a) The meteorological conditions that resulted in their calling 26 the second

stage burn ban; 27 (b) Whether the agency could have taken actions to avoid calling a 28 second stage burn ban without calling a first

stage burn ban; and 29 (c) Any changes the department or authority is making to its 30 procedures of calling first stage and second stage burn bans to avoid 31 calling a second stage burn ban without first calling a first stage 32 burn ban. 33 After consulting with affected parties, the department shall 34 prescribe the format of such a report and may also require additional 35 information be included in the report. All reports shall be sent to 36 the department and the department shall keep the reports on file for 37 not less than five years and available for public inspection and 38 copying in

accordance with RCW 42.56.090.

p. 3 SHB 2326.SL1 (4) (( The department and local air pollution control authorities 2 shall evaluate the effectiveness of the burn ban programs contained in 3 this section in avoiding fine particulate levels to exceed thirty-five 4 micrograms per cubic meter, measured on a twenty-four hour average, and 5 provide a joint report of the results to the legislature by September 6 1, 2011. )) For the purposes of this act, an area at risk for 7 nonattainment means an area where the three-year average of the annual 8 ninety-eighth percentile of twenty-four hour fine particulate values is 9 greater than twenty-nine micrograms per cubic meter, based on the years 10 2008 through 2010 monitoring data.

11 Sec. 2. RCW 70.94.477 and 2009 c 282 s 1 are each amended to read 12 as follows: 13 (1) Unless allowed by rule under chapter 34.05 RCW, a person shall 14 not cause or allow any of the following materials to be burned in any 15 residential solid fuel burning device: 16 (a) Garbage; 17 (b) Treated wood; 18 (c) Plastics; 19 (d) Rubber products; 20 (e) Animals; 21 (f) Asphaltic products; 22 (g) Waste petroleum products; 23 (h) Paints; or 24 (i) Any substance, other than properly seasoned fuel wood, which 25 normally emits dense smoke or

obnoxious odors. 26 (2) To achieve and maintain attainment in areas of nonattainment 27 for fine particulates in accordance with section 172 of the federal 28 clean air act, a local air pollution control authority or the 29 department may, after meeting requirements in subsection (3) of this 30 section, prohibit the use of solid fuel burning devices, except: 31 (a) Fireplaces as defined in RCW 70.94.453(3) , except if needed to 32 meet federal requirements as a contingency measure in a state 33 implementation plan for a fine

particulate nonattainment area ; 34 (b) Woodstoves meeting the standards set forth in RCW 35 70.94.473(1)(b); or 36 (c) Pellet stoves.

SHB 2326.SL p. 41 (3) Prior to prohibiting the use of solid fuel burning devices 2 under subsection (2) of this section, the department or the local air 3 pollution control authority must: 4 (a) Seek input from any city, county, or jurisdictional health 5 department affected by the proposal to prohibit the use of solid fuel 6 burning devices; and 7 (b) Make written findings that: 8 (i) The area is designated as an area of nonattainment for fine 9 particulate matter by the United States environmental protection 10 agency, or

is in maintenance status under that designation; 11 (ii) Emissions from solid fuel burning devices in the area are a 12 major contributing factor for violating the national ambient air 13 quality standard for fine particulates; and 14 (iii) The area has an adequately funded program to assist low15 income households to secure an adequate source of heat, which may 16 include woodstoves meeting the requirements of RCW 70.94.453(2). 17 (4) If and only if the nonattainment area is within the 18 jurisdiction of the department and the legislative authority of a city 19 or county within the area of nonattainment formally expresses concerns 20 with the department's written findings, then the department must 21 publish on the department's web site the reasons for prohibiting the 22 use of solid fuel burning devices under subsection (2) of this section 23 that includes a response to the concerns expressed by the city or 24 county legislative authority. 25 (5) When a local air pollution control authority or the department 26 prohibits the use of solid fuel burning devices as authorized by this 27 section, the cities, counties, and jurisdictional health departments 28 serving the area shall cooperate with the department or local air 29 pollution control authority as the department or the local air 30 pollution control authority implements the prohibition. (( However, 31 cooperation shall not include enforcement of this prohibition. )) The 32 responsibility for actual enforcement of the prohibition shall reside 33 solely with the department or the local air pollution control 34 authority. A city, county, or jurisdictional health department serving 35 a fine particulate nonattainment area may agree to assist with 36 enforcement activities. 37 (6) A

prohibition issued by a local air

pollution control authority

p. 5 SHB 2326.SL1 or the department under this section shall not apply to (( a person in 2 a residence or commercial establishment that does not have an adequate 3 source of heat without burning wood )) : 4 (a) A person in a residence or commercial establishment that does 5 not have

an adequate source of heat without

burning wood; or 6 (b) A person with a shop or garage that is detached from the main 7 residence or commercial establishment that does not have an adequate 8 source of heat in the detached shop or garage without burning wood

. 9 (7) On the effective date of this section, and prior to January 1, 10 2015, the local air pollution control authority or the department 11 shall, within available resources, provide assistance to households 12 using solid fuel burning devices to reduce the emissions from those 13 devices or change out to a lower emission device. Prior to the 14 effective date of a prohibition, as defined in this section, on the use 15 of uncertified stoves, the department or local air pollution control 16 authority shall provide public education in the nonattainment area 17 regarding how households can reduce their emissions through cleaner 18 burning practices, the importance of respecting burn bans, and the 19 opportunities for assistance in obtaining a cleaner device. If the 20 area is designated as a nonattainment area as of January 1, 2015, or if 21 required by the United States environmental protection agency, the 22 local air pollution control authority or the department may prohibit 23 the use

of uncertified devices. 24 (8) As used in this section(( , )) : 25 (a) " J urisdictional health department" means acity, county, city26 county, or

district public health department. 27 (b) "Prohibit the use" or "prohibition" may include requiring 28 disclosure of an uncertified device, removal, or rendering inoperable, 29 as may be approved by rule by a local air pollution control authority 30 or the department. The effective date of such a rule may not be prior 31 to January 1, 2015. However, except as provided in RCW 64.06.020 32 relating to the seller disclosure of wood burning appliances, any such 33 prohibition may not include imposing separate time of sale obligations 34 on the seller or buyer of real estate as part of a real estate 35 transaction.

36 NEW SECTION. Sec. 3. A new section is added to chapter 70.94 RCW 37 to read

as follows:

SHB 2326.SL p. 61 (1) The department of ecology and local air pollution control 2 authorities shall report back to the appropriate standing committees of 3 the legislature by December 31, 2014, and every two years thereafter, 4 on progress

toward achieving attainment for areas of nonattainment that 5 the revised burn ban and prohibition requirements contained in RCW 6 70.94.473 and 70.94.477 were enacted to address, as well as whether 7 other implementation tools are necessary to achieve attainment. 8 (2) This section expires January 1, 2019. Passed by

the House March

5, 2012. Passed by

the Senate March 2, 2012. Approved by

the Governor March 30, 2012. Filed in

Office of Secretary of State March

30, 2012.

p. 7 SHB 2326.SL