Template 

State Implementation Plan 

Revision

Updates to the Solid Fuel Burning 

Devices Rule

Chapter 173-433 of the Washington 

Administrative Code

January 2014

Publication no. 13-02-038
ii

Publication and Contact Information

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

https://fortress.wa.gov/ecy/publications/SummaryPages/1302038.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

If you need this document in a format for the visually impaired, call the Air Quality Program at 

360-407-6800. Persons with hearing loss can call 711 for Washington Relay Service. Persons 

with a speech disability can call 877-833-6341.
iii

State Implementation Plan Revision

Updates to Solid Fuel Burning Devices, Chapter 173-

433 of the Washington Administrative Code

by

Washington State Department of Ecology

Air Quality Program

Olympia, Washington
iv

This page left intentionally blank
1

Table of Contents

Page

List of Figures and Tables.............................................................................................................. 1

Figures...................................................................................................................................... 1

Purpose........................................................................................................................................... 2

What’s New?.................................................................................................................................. 2

What would Ecology like EPA to do with this SIP revision?........................................................ 3

Public Involvement ........................................................................................................................ 4

Detailed Discussion of Changes .................................................................................................... 5

Section 030............................................................................................................................... 5

Section 140............................................................................................................................... 5

Section 150............................................................................................................................... 9

New Section 155...................................................................................................................... 9

Redline Strike Out Version of Rule Language ........................................................................ 9

References.................................................................................................................................... 38

List of Figures and Tables

Page

Figures

Figure 1: Spokane and Yakima Seasonal PM2.5 to PM10 Correlation............................................. 6

Figure 2: 8-hour daily maximum carbon monoxide levels at Spokane, 3rd & Washington .......... 8
2

Purpose

Ecology revised Solid Fuel Burning Devices, Chapter 173-433 of the Washington Administrative 

Code (WAC). We are submitting the updated rule to the Environmental Protection Agency 

(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

Ecology is not submitting WAC 173-433-130, General Emission Standards or WAC 173-433-

170, Retail Sales Fee for inclusion in the SIP. Ecology is submitting WAC 173-433-200, 

Regulatory Actions and Penalties to demonstrate 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. 

The updated rule helps to reduce Washington’s wood smoke emissions. Including the revised 

Solid Fuel Burning Devices rule in the SIP will:

• Provide the main strategy in 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.

What’s New?

Ecology incorporated changes to Revised Code of Washington (RCW) 70.94.473 and 70.94.477. 

Additionally, Ecology made changes to improve the clarity of the rule language and for 

housekeeping purposes. The changes include the following:

• Added definitions from the RCW and added a definition for impaired air quality burn 

ban

• Rewrote section 140 – Criteria for impaired air quality burn bans. The changes 

incorporate lower trigger levels for calling impaired air quality burn bans and other 

changes to RCW 70.94.473 

• To improve clarity, edited section 150 – Restrictions on operation of solid fuel burning 

devices

• Added a new section 155 – Criteria for prohibiting solid fuel burning devices that are not 

certified. The section incorporates changes to RCW 70.94.477 

The changes in other sections of the rule involved housekeeping to improve clarity of the 

language. The red-line strike out version of the rule language shows these changes. 
3

What would Ecology like EPA to do with this SIP 

revision?

Ecology proposes that EPA approve the updated rule, Solid Fuel Burning Devices – Chapter 

173-433 WAC into the SIP, 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. 
4

Public Involvement

Ecology held a public comment period concurrently with the public comment period for the rulemaking process. 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 State 

Implementation Plan. 

Ecology documented the public involvement process in the Concise Explanatory Statement 

prepared for the concurrent rule making process. The Administrative Procedure Act requires 

agencies to prepare a Concise Explanatory Statement (CES) for rule making. The CES (Ecology 

publication number 13-02-036) includes the following documentation of public involvement for 

this SIP revision: 

• Ecology’s response to comments

• Copies of written comments

• Transcript of the November 7, 2013 hearings

• Certification of Hearing

• Affidavits of publication of the Notice for Opportunity for Public Comment in 

newspapers

• Ecology News Release on the public comment period and public hearing

• Rule Proposal and SIP Revision notice
5

Detailed Discussion of Changes

Section 030 - Definitions

Ecology added the following definitions from RCW 70.94.473 and 70.94.477:

• Area at risk for nonattainment

• Jurisdictional health department

• “Prohibit the use” or “prohibition”

Ecology added a definition for “local air authority.” We used the definition from another air 

quality rule, Outdoor Burning, Chapter 173-425 WAC. This definition clarifies that a “local air 

authority” is the same as the definition of “authority” in the Washington Clean Air Act, Chapter 

70.94 RCW with the added words “local air” for clarity. 

Ecology added a definition for “impaired air quality burn ban.” We used the definition of 

“impaired air quality” from other Washington laws and rules. We added the words “burn ban” 

for clarity.

Section 140 – Criteria for impaired air quality burn 

bans

Added lower trigger levels

Ecology added lower trigger levels for stage 1 impaired air quality burn bans in areas at risk for 

nonattainment.

Removed PM10 trigger levels

Ecology removed PM10 trigger levels for calling impaired air quality burn bans because PM2.5 

trigger levels are more protective. PM2.5 trigger levels are sufficiently low that Ecology would 

have already called an impaired air quality burn ban by the time PM10 levels reach their trigger 

levels. 

Western Washington example

The SIP revision for the Thurston County, WA second 10-year limited maintenance plan for 

PM10 developed a model for correlating PM2.5 and PM10 monitoring data. The winter model that 

describes this relationship is:

PM2.5 = 0.9446 (PM10)-3.053
6

To exceed the former PM10 trigger level for a stage 1 impaired air quality burn ban (75 μg/m3

), 

the PM2.5 level would have to reach 68 μg/m3

. PM2.5 levels hit the trigger level for a stage 1 

impaired air quality burn ban when levels are forecasted to reach or go above 30 μg/m3 for 

counties with at least one area at risk for nonattainment and 35 μg/m3 for the rest of the state of 

Washington. 

0.9446 * 75 – 3.053 = 67.8

To exceed the former PM10 trigger level for a stage 2 impaired air quality burn ban (90 μg/m3), 

the PM2.5 level would have to reach 82 μg/m3. For a stage 2 impaired air quality burn ban, a 

monitor would have to measure PM2.5 levels above the trigger level of 25 μg/m3.

0.9446 * 90 – 3.053 = 81.9

Eastern Washington examples

Ecology established a correlation between PM10 and PM2.5 for Spokane and Yakima. Figure 1 

shows a plot of coinciding daily averages of FRM PM10 data and FRM PM2.5 data by season. 

The heating season is October through March and Nonwinter is April to September. Ecology 

collected the Spokane data from April 2009 to July 2012. Ecology collected the Yakima data 

from February 2007 through December 2012. 

Figure 1: Spokane and Yakima Seasonal PM2.5 to PM10 Correlation
7

During the heating season the relationship between PM2.5 and PM10 in Spokane is:

PM10 = 1.36PM2.5 + 7.3

To exceed the former PM10 trigger level for a stage 1 impaired air quality burn ban (75 μg/m3), 

the PM2.5 level would have to reach 50 μg/m3. PM2.5 levels hit the trigger level for a stage 1 

impaired air quality burn ban when levels are forecasted to reach or go above 30 μg/m3 for 

counties with at least one area at risk for nonattainment and 35 μg/m3 for the rest of the state of 

Washington. 

PM2.5 = (PM10 - 7.3)/1.36

(75 - 7.3)/1.36 = 49.8

To exceed the former PM10 trigger level for a stage 2 impaired air quality burn ban (90 μg/m3), 

the PM2.5 level would have to reach 61 μg/m3

. For a stage 2 impaired air quality burn ban, a 

monitor would have to measure PM2.5 levels above the trigger level of 25 μg/m3.

(90 - 7.3)/1.36 = 60.8

The heating season model that describes the relationship in Yakima is:

PM10 = 1.06PM2.5 + 9.0

To exceed the former PM10 trigger level for a stage 1 impaired air quality burn ban (75 μg/m3), 

the PM2.5 level would have to reach 62 μg/m3. PM2.5 levels hit the trigger level for a stage 1 

impaired air quality burn ban when levels are forecasted to reach or go above 30 μg/m3 for 

counties with at least one area at risk for nonattainment and 35 μg/m3 for the rest of the state of 

Washington. 

PM2.5 = (PM10 – 9)/1.06

(75 – 9)/1.06 = 62.3

To exceed the former PM10 trigger level for a stage 2 impaired air quality burn ban (90 μg/m3

), 

the PM2.5 level would have to reach 76 μg/m3

. For a stage 2 impaired air quality burn ban, a 

monitor would have to measure PM2.5 levels above the trigger level of 25 μg/m3.

(90 – 9)/1.06 = 76.4

Removed carbon monoxide trigger levels

Ecology removed carbon monoxide trigger levels for calling residential wood stove burn bans. 

Historically, the violation of the carbon monoxide standards came from concentrated urban 

traffic congestion. Transportation control measures and cleaner cars have solved the problem. 
8

Ecology did include carbon monoxide trigger levels as part of a package of reasonably available 

control measures in our carbon monoxide maintenance plans. However, we did not take an

emissions reduction credit. The maintenance plans indicate we needed additional information to 

determine if trigger levels would produce a measurable reduction. Ecology has not called a

residential wood stove burn ban based on carbon monoxide levels since the approval of those 

maintenance plans. When approving Washington’s maintenance plans for carbon monoxide 

areas, EPA only specifically approved transportation control measures. They did not specifically 

approve carbon monoxide trigger levels for calling residential wood stove burn bans. 

Figure 2 shows that the carbon monoxide levels at the Spokane monitoring site are very low. 

Levels have declined from 1997 to 2007 and have remained flat since 2007. 

Figure 2: 8-hour Daily Maximum Carbon Monoxide Levels at Spokane, 3rd & Washington

For the reasons above, Ecology proposes including the version of Chapter 173-433 WAC that 

does not include carbon monoxide trigger levels. In the unlikely case that a carbon monoxide 

maintenance area approaches levels near the carbon monoxide standard, Ecology would revise 

the rule to re-include the carbon monoxide trigger levels. 

Removed references to monitoring methods and requirements

Monitoring requirements are included in Ambient Air Quality Standards, Chapter 173-476 

WAC. Ecology submitted this chapter to EPA for inclusion in the SIP in December 2013. 
9

Section 150 – Restrictions on operation of solid fuel 

burning devices

Ecology edited section 150 to clarify which solid fuel burning devices are restricted during 

impaired air quality burn bans and air pollution episodes. We also moved the subsections related 

to the prohibition of uncertified wood stoves to a new section, 155. 

New Section 155 – Criteria for prohibiting solid fuel 

burning devices that are not certified

Ecology incorporated changes to RCW 70.94.477.
10

Redline Strike Out Version of Rule Language

AMENDATORY SECTION

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

chapters 43.21A and 70.94 RCW, establishes the following for 

solid fuel burning devices:

• Emission standards((,));

• Certification standards and procedures((, curtailment 

rules, and));

• Fuel restrictions ((for solid fuel burning devices));

• Operation restrictions during impaired air quality burn 

bans; and

• Criteria for prohibiting the use of solid fuel burning 

devices that are not certified.

Existing Section – No change

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

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

state of Washington.
11

AMENDATORY SECTION

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) "Area at risk for nonattainment" means an area where 

the three-year average of the annual ninety-eighth percentile of 

twenty-four hour PM-2.5 levels is greater than twenty-nine 

micrograms per cubic meter based on monitoring data for 2008-

2010. Ecology processed all statewide data according to methods 

defined in 40 C.F.R. Part 50 Appendix N and determined that the 

following areas are areas at risk for nonattainment:

• Darrington;

• Marysville;

• Tacoma-Pierce County Nonattainment Area as described in 

40 C.F.R. 81.348;
12

• Yakima.

(3) "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 C.F.R. 60 Subpart AAA - Standards of Performance for 

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

(((3))) (4) "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.
13

(((4))) (5) "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) "Impaired air quality burn ban" means a condition where 

both of the following exist:

• Air quality has degraded or will soon degrade as 

described in WAC 173-433-140;

• Ecology or the local air authority restricts solid fuel 

burning device emissions to prevent air quality from worsening, 

or limit the time with poor air quality.

Ecology or the local air authority declares impaired air 

quality burn bans according to the criteria in WAC 173-433-140.

(7) "Jurisdictional health department" means a city, 

county, city-county, or district public health department.
14

(8) "Local air authority" means an air pollution control 

authority activated under chapter 70.94 RCW that has 

jurisdiction over the subject source.

(9) "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 C.F.R. 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))) (10) "Prohibit the use" or "prohibition" may 

include requiring disclosure of an uncertified device, removal 

of an uncertified device, or rendering an uncertified device 

inoperable. Except as provided in RCW 64.06.020, such 

prohibition may not include time of sale obligation on the 

seller or buyer of real estate as part of a real estate 

transaction.

(11) "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 
15

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

device retailer.

(((8))) (12) "Seasoned wood" means wood of any species that 

has been sufficiently dried so as to contain twenty percent or 

less moisture by weight.

(((9))) (13) "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 spaceheating purposes in a private residence or commercial 

establishment, which has a heat input less than one million 

British thermal units per hour.

(((10))) (14) "Treated wood" means wood of any species that 

has been chemically impregnated, painted, or similarly modified 

to prevent weathering and deterioration.

(((11))) (15) "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 C.F.R. 60 Subpart AAA -
16

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.
17

AMENDATORY SECTION

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 C.F.R. 60 Subpart AAA -

Standards of Performance for Residential Wood Heaters" as 

amended through July 1, 1990. After January 1, 1995,)) Woodstove 

sales ((shall)) must comply with the requirements of subsection 

(3) of this section, Solid fuel burning devices.

(2) Fireplaces. ((After January 1, 1997,)) A person 

((shall)) must 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)) EPA standards for woodstoves or equivalent standard 

that may be established by the state building code council by 

rule. Subsection (3) of this section ((shall)) does not apply to 
18

fireplaces, including factory built fireplaces, and masonry 

fireplaces.

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

A person ((shall)) must 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 C.F.R. 

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)) EPA in effect on January 1, 1991, or an equivalent 

standard under any test methodology adopted by the ((United 

States Environmental Protection Agency)) EPA 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.
19

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

means 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)) EPA prior to May 15, 1991, to 

the test results from the methodology subsequently adopted by 

that agency.

AMENDATORY SECTION

WAC 173-433-110 Opacity standards. (1) Statewide opacity 

standard.

(a) A person ((shall)) must 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)) (b) A local air

authority ((shall)) must not adopt or enforce an opacity level 

for solid fuel burning devices that is more stringent than the 

statewide standard.
20

(((3))) (2) Test method and procedures. Methods and 

procedures specified by the EPA in "40 C.F.R. 60 Appendix A 

reference method 9 - VISUAL DETERMINATION OF THE OPACITY OF EMISSIONS FROM STATIONARY 

SOURCES" as amended through July 1, 1990, ((shall)) must be used to 

determine compliance with subsection (1) of this section.

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

or exhaust duct in excess of the opacity standard ((shall)) 

constitutes 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))) (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 ten percent or 

less are attainable through proper operation.
21

AMENDATORY SECTION

WAC 173-433-120 Prohibited fuel types. A person ((shall)) 

must 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.
22

AMENDATORY SECTION

WAC 173-433-140 ((Impaired air quality)) Criteria for 

impaired air quality burn bans. ((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 
23

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 C.F.R. 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 
24

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 

C.F.R. 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.)) Ecology or a local air authority may call 

an impaired air quality burn ban as follows:

(1) Stage 1 impaired air quality burn ban:

(a) Ecology or the local air authority may call a stage 1 

impaired air quality burn ban when they predict that the twentyfour hour average of PM-2.5 levels will reach or exceed thirtyfive micrograms per cubic meter within forty-eight hours.

(b) Pierce, Snohomish, and Yakima counties each contain at 

least one area at risk for nonattainment. In these counties, the 

local air authority may call a stage 1 impaired air quality burn 
25

ban when they predict that the twenty-four hour average of PM2.5 levels will reach or exceed thirty micrograms per cubic 

meter within seventy-two hours.

(2) Stage 2 impaired air quality burn ban:

(a) Ecology or the local air authority may call a stage 2 

impaired air quality burn ban when all of the following 

conditions exist:

(i) A stage 1 impaired air quality burn ban is already in 

effect and has not reduced the trend of rising PM-2.5 levels 

adequately.

(ii) The twenty-four hour average of PM-2.5 levels have 

already reached or exceeded twenty-five micrograms per cubic 

meter.

(iii) Ecology or the local air authority expects that PM2.5 levels will remain above twenty-five micrograms per cubic 

meter for twenty-four hours or more from the time PM-2.5 levels 

reached the trigger in (a)(ii) of this subsection.

(b) Ecology or the local air authority may call a stage 2 

impaired air quality burn ban without calling a stage 1 impaired 

air quality burn ban when all of the following conditions exist:
26

(i) The twenty-four hour average of PM-2.5 levels have 

reached or exceeded twenty-five micrograms per cubic meter.

(ii) PM-2.5 levels have risen rapidly.

(iii) Ecology or the local air authority predicts that the 

twenty-four hour average of PM-2.5 levels will exceed thirtyfive micrograms per cubic meter within twenty-four hours.

(iv) Weather conditions alone are highly unlikely to help 

decrease PM-2.5 levels sufficiently.

(c) Pierce, Snohomish, and Yakima counties each contain at 

least one area at risk for nonattainment. In these counties, the 

local air authority may call a stage 2 impaired air quality burn 

ban without calling a stage 1 impaired air quality burn ban when 

all of the following conditions exist:

(i) The twenty-four hour average of PM-2.5 levels have 

reached or exceeded twenty-five micrograms per cubic meter.

(ii) PM-2.5 levels have risen rapidly.

(iii) The local air authority predicts that the twenty-four 

hour average of PM-2.5 levels will reach or exceed thirty 

micrograms per cubic meter within twenty-four hours.
27

(iv) Weather conditions alone are highly unlikely to help 

decrease PM-2.5 levels sufficiently.

(3) Ecology or the local air authority may call an impaired 

air quality burn ban for areas smaller than a county, when and 

where feasible.

AMENDATORY SECTION

WAC 173-433-150 ((Curtailment.)) Restrictions on operation 

of solid fuel burning devices. (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)) 

Stage 1 impaired air quality burn ban:

(a) Except as described in (b) of this subsection, a person 

must not operate any solid fuel burning device((,)) during a 

stage 1 impaired air quality burn ban when all of the following 

apply:
28

• The solid fuel burning device is located in a residence 

or commercial establishment within the geographical area covered 

by the stage 1 impaired air quality burn ban.

• The residence or commercial establishment has an adequate 

source of heat other than a solid fuel burning device.

(b) A person meeting all of the conditions in (a) of this 

subsection must not operate any solid fuel burning device during 

a stage 1 impaired air quality burn ban unless the solid fuel 

burning device is one of the following:

(((a))) (i) A nonaffected pellet stove; or

(((b))) (ii) A woodstove certified and labeled by the EPA 

under "40 C.F.R. 60 Subpart AAA - Standards of Performance for 

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

(((c))) (iii) 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.

(c) Except as allowed by (b) of this subsection, a person 

already operating a solid fuel burning device when a stage 1 
29

impaired air quality burn ban begins must withhold new solid 

fuel for the duration of the impaired air quality burn ban.

(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)) Stage 2 impaired air quality 

burn ban:

(a) A person must not operate any solid fuel burning device 

during a stage 2 impaired air quality burn ban when all of the 

following apply:

• The solid fuel burning device is located in a residence 

or commercial establishment within the geographical area covered 

by the stage 2 impaired air quality burn ban.

• The residence or commercial establishment has an adequate 

source of heat other than a solid fuel burning device.

(b) A person already operating a solid fuel burning device 

when a stage 2 impaired air quality burn ban begins must 

withhold any new solid fuel for the duration of the stage 2 

impaired air quality burn ban.
30

(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)) Air pollution episodes. Ecology may declare air 

pollution episodes as defined in chapter 173-435 WAC.

(a) A person must not operate any solid fuel burning device 

during alert, warning, or emergency air pollution episodes when 

all of the following apply:

• The solid fuel burning device is located in a residence 

or commercial establishment within the geographical area covered 

by the air pollution episode.

• The residence or commercial establishment has an adequate 

source of heat other than a solid fuel burning device.

(b) A person already operating a solid fuel burning device 

when an alert, warning, or emergency air pollution episode 

begins must withhold new solid fuel for the duration of the 

alert, warning, or emergency air pollution episode.

(4) The following matrix graphically illustrates the 

applicability of different types of solid fuel burning devices 
31

to the provisions of subsections (1) through (3) of this 

section:

((Burn Condition))

Impaired Air Quality

Burn Ban Episode

Type of Device First Stage

Second

Stage Forecast

Alert((, Warning,

or

Emergency)) Warning Emergency

Pellet Stove (nonaffected) OK NO OK NO NO NO

EPA Certified Woodstove OK NO OK NO NO NO

DEQ Phase 2 Woodstove OK NO OK NO NO NO

EPA Exempted Device NO NO OK NO NO NO

All Other Devices NO NO OK NO NO NO

NOTES: "OK" indicates that a person may operate the device ((may be operated))

"NO" indicates that a person must withhold new fuel from 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 C.F.R. 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
32

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

devices which do not meet the standards set forth in "40 C.F.R. 

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 

C.F.R. 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.
33

(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)) 

burn ban constitutes prima facie evidence of unlawful operation 

of an applicable solid fuel burning device. A person may refute 

this presumption ((may be refuted by)) with a demonstration that 

the smoke was not caused by a solid fuel burning device.

(((8))) (6) Ecology, local air 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)) air pollution 

episode or impaired air quality burn ban after three hours has 

elapsed from the declaration of the air pollution episode or 

impaired air quality burn ban.
34

NEW SECTION

WAC 173-433-155 Criteria for prohibiting solid fuel burning 

devices that are not certified. (1) After January 1, 2015, and 

after meeting the requirements in subsection (3) of this 

section, ecology or the local air authority may prohibit the use 

of solid fuel burning devices in a nonattainment area or an area 

with an approved PM-2.5 maintenance plan.

(2) Except as provided in subsection (3) of this section, 

the prohibition will prohibit the use of solid fuel burning 

devices that are not certified, even in the absence of an air 

quality episode or impaired air quality burn ban.

(3) Before prohibiting the use of solid fuel burning 

devices as allowed in subsections (1) and (2) of this section, 

ecology or a local air authority must:

(a) Allow exemptions from this subsection as described in 

RCW 70.94.477(2) and 70.94.477(6).

(b) Seek input from any city, county, or jurisdictional 

health department affected by the proposal to prohibit the use 

of solid fuel burning devices.

(c) Make the following written findings:
35

(i) The EPA has designated the area nonattainment for PM2.5 or has approved a PM-2.5 maintenance plan for the area.

(ii) Emissions from solid fuel burning devices in the area 

are a major contributing factor for violating the national 

ambient air quality standard for PM-2.5.

(iii) The area has an adequately funded program to assist 

low-income households to secure an adequate source of heat.

(4) When both of the following are true:

• The area is in ecology's jurisdiction.

• The legislative authority of a city or county for the 

area formally expresses concerns with the written findings 

required in subsection (3)(c) of this section.

Ecology will publish all of the following on the agency web 

site:

(a) The reasons for prohibiting the use of solid fuel 

burning devices.

(b) The agency's responses to the concerns expressed by the 

city or county legislative authority.
36

(5) The responsibility for enforcement of the prohibition 

of the use of solid fuel burning devices resides solely with 

ecology or the local air authority.

(6) A city, county, or jurisdictional health department 

serving the area may agree to assist with enforcement 

activities.

(7) On or after June 7, 2012, and before January 1, 2015, 

ecology or the local air authority must provide assistance to 

households using solid fuel burning devices to reduce the 

emissions from those devices or change out to a lower emission 

device.

(8) Before the effective date of any prohibition, ecology 

or the local air authority must provide public education in the 

area regarding all of the following:

(a) How households can reduce their emissions through 

cleaner burning practices.

(b) The importance of respecting impaired air quality burn 

bans.

(c) Opportunities for assistance in obtaining a cleaner 

device.
37

(9) In an area where the EPA has approved a PM-10 

maintenance plan, ecology or the local air authority may 

prohibit the use of solid fuel burning devices when all of the 

following are true:

(a) The PM-10 maintenance plan contained a prohibition on 

the use of solid fuel burning devices as a contingency measure.

(b) The area has violated the PM-10 national ambient air 

quality standard.

(c) The emissions from solid fuel burning devices are a 

major contributing factor to the violation of the PM-10 national 

ambient air quality standard.

SECTION SUBMITTED TO DEMONSTRATE ADEQUATE ENFORCEMENT AUTHORTY 

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.
38

References

1. Approval and Promulgation of Air Quality Implementation Plans; Washington. Federal 

Register, Vol. 59, No. 13. Thursday, January 20, 1994. Page Unknown. 23 July 

2013. <http://www.gpo.gov/fdsys/pkg/FR-1994-01-20/html/94-1272.htm>.

2. Approval and Promulgation of State Implementation Plans: State of Washington. Federal 

Register, Vol. 62, No. 18. Monday, September 22, 1997. p. 49422-49444. 23 July 

2013. <http://www.gpo.gov/fdsys/pkg/FR-1997-09-22/pdf/97-24420.pdf >.

3. Approval and Promulgation of State Implementation Plans: State of Washington; Yakima 

Carbon Monoxide Re-designation to Attainment and Designation of Areas for Air 

Quality Planning Purposes. Federal Register, Vol. 67. No. 212. Friday, November 

1, 2002. P. 66555-66561. 23 July 2013.

< http://www.gpo.gov/fdsys/pkg/FR-2002-11-01/pdf/02-27833.pdf>. 

4. Approval and Promulgation of Maintenance Plan for Air Quality Planning Purposes for 

the State of Washington: Carbon Monoxide. Federal Register, Vol. 61, No. 199. 

Friday, October 11, 1996. p. 53323-53328. 23 July 2013. 

< http://www.gpo.gov/fdsys/pkg/FR-1996-10-11/pdf/96-25979.pdf >.

5. Approval and Promulgation of Maintenance Plan for Air Quality Planning Purposes for 

the State of Washington: Carbon Monoxide. Federal Register, Vol. 61, No. 204. 

Monday, October 21, 1996. p. 54560-54563. 23 July 2013. 

< http://www.gpo.gov/fdsys/pkg/FR-1996-10-21/pdf/96-26874.pdf >.

6. Approval and Promulgation of State Implementation Plans: State of Washington; Central 

Puget Sound Carbon Monoxide and Ozone Second 10-Year Maintenance Plans. 

Federal Register, Vol. 69, No. 150. August 5, 2004. p. 47365-47366. 23 July 

2013. < http://www.gpo.gov/fdsys/pkg/FR-2004-08-05/pdf/04-17782.pdf >.

7. Approval and Promulgation of State Implementation Plans: State of Washington; 

Spokane Carbon Monoxide Attainment Plan. Federal Register, Vol. 70, No. 91. 

Thursday, May 12, 2005. Federal Register, Vol. 70, No. 91. p. 24991-24992. 23 

July 2013. < http://www.gpo.gov/fdsys/pkg/FR-2005-06-29/pdf/05-12713.pdf >.

8. Approval and Promulgation of State Implementation Plans: State of Washington; 

Spokane Carbon Monoxide Nonattainment Area; Designation of Areas for Air 

Quality Planning Purposes. Federal Register, Vol. 70, No. 124. p. 37269-37273.

23 July 2013. < http://www.gpo.gov/fdsys/pkg/FR-2005-05-12/pdf/05-9400.pdf>. 

9. Approval and Promulgation of State Implementation Plans: Washington; Correcting 

Amendments. Federal Register, Vol. 62, No 250. Wednesday, December 31, 

1997. p. 68187-68188. 23 July 2013. 

<http://www.gpo.gov/fdsys/pkg/FR-1997-12-31/pdf/97-33960.pdf >.
39

10. Approval and Promulgation of State Implementation Plans: Washington; Vancouver Air 

Quality Maintenance Area Second 10-Year Carbon Monoxide Maintenance Plan. 

Federal Register, Vol. 73, No. 125. Friday June 27, 2008. p. 36439-36443. 23 

July 2013. < http://www.gpo.gov/fdsys/pkg/FR-2008-06-27/pdf/E8-14518.pdf>. 

11. Approval and Promulgation of Implementation Plans; Washington. Federal Register, 

Vol. 45, No. 110. Thursday June 5, 1980. P. 37821-37637. 23 July 2013. 

<http://yosemite.epa.gov/r10/airpage.nsf/283d45bd5bb068e68825650f0064cdc2/5

eea1cafdc3851bb882569d90069f1ce/$FILE/45%20FR%2037821.pdf >.

12. Base and Projection Year CO Emission Inventories for the Spokane Nonattainment Area. 

Prepared by Pechan for the Spokane County Air Pollution Control Authority.

September 2004. Central Files. Air Quality Program. Washington State 

Department of Ecology.

13. Concise Explanatory Statement Chapter 173-433 Solid Fuel Burning Devices. Air 

Quality Program Washington State Department of Ecology. Publication no. 13-

02-036. January 2013.

14. Central Puget Sound Region Re-designation Request and Maintenance Plan for the 

National Ambient Carbon Monoxide Standard. Prepared by Puget Sound Air 

Pollution Control Agency. January 1996. Central Files. Air Quality Program. 

Washington State Department of Ecology. 

15. Limitations on burning wood for heat – First and second stage burn bans – Report on 

second stage burn ban. Section 70.94.473 Revised Code of Washington. 

Washington Clean Air Act. 11 July 2013. 

< http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.473>

16. Limitations on use of solid fuel burning devices. Section 70.94.377 Revised Code of 

Washington. Washington Clean Air Act. 11 July 2013. 

< http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.477> 

17. SIP Revision for the Thurston County, Washington Second 10-Year Limited 

Maintenance Plan for PM10. Air Quality Program. Washington State Department 

of Ecology. Publication no. 13-02-008. June 2013. 2 Oct 2013. 

<http://partnerweb/sites/AQ/tc10p/Shared%20Documents/SubmittalPackage/Thur

stonCo2nd10YrPM10FinalJune2013TechCorr.pdf>

18. Spokane CO Nonattainment Area Maintenance Plan. Prepared by Pechan for Spokane 

County Air Pollution Control Authority. 29 September 2004. Central Files. Air 

Quality Program. Washington State Department of Ecology. 
40

19. Supplement to the State Implementation Plan for Carbon Monoxide (CO) in Vancouver, 

WA. Re-designation Request for Vancouver, WA as Attainment for CO. Prepared 

by Southwest Air Pollution Control Authority. December 1995. Central Files. Air 

Quality Program. Washington State Department of Ecology.

20. Supplement to the State Implementation Plan for Washington State. A Plan for Attaining 

and Maintaining National Ambient Air Quality Standards for Carbon Monoxide 

in the Vancouver Air Quality Maintenance Area. January 1993. Washington State 

Department of Ecology Library. 

21. Supplement to the State Implementation Plan for Washington State. A Plan for Attaining 

and Maintaining National Ambient Air Quality Standards for Puget Sound Carbon 

Monoxide Nonattainment Area. January 1993. Washington State Department of 

Ecology Library.

22. Supplement to the State Implementation Plan for Washington State. A Plan for Attaining 

and Maintaining National Ambient Air Quality Standards for Spokane Carbon 

Monoxide Nonattainment Area. January 1993. Washington State Department of 

Ecology Library.

23. 1-13 Solid fuel burning device standards. Regulation 1. Puget Sound Clean Air Agency 

Regulations. 11 July 2013. < http://www.pscleanair.org/regulated/reg1/1-13.pdf> 

24. Yakima Carbon Monoxide Nonattainment Area Limited Maintenance Plan and 

Redesignation Request. Prepared by Yakima Regional Clean Air Agency. 14 

February 2001. Central Files. Air Quality Program. Washington State Department 

of Ecology.