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.SL
 1 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. 2
 1 (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.

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 1 (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. 4
 1 (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.SL
 1 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) "Jurisdictional health department" means a city, 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. 6
 1 (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