RCW 70.94.457: Solid fuel burning devices — Emission performance standards.

http://apps.leg.wa.gov/RCW/default.aspx?cite=70.94.457[11/26/2012 12:41:08 PM]

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RCWs > Title 70 > Chapter 70.94 > Section 70.94.457 Print Version | [No disponible en español]

70.94.455 << 70.94.457 >> 70.94.460

RCW 70.94.457

Solid fuel burning devices — Emission performance standards.

The department of ecology shall establish by rule under chapter 34.05 RCW:

 (1) Statewide emission performance standards for new solid fuel burning devices. Notwithstanding any other

provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall

adopt any emission standard for new solid fuel burning devices other than the statewide standard adopted by the

department under this section.

 (a) After January 1, 1995, no solid fuel burning device shall be offered for sale in this state to residents of this

state that does not meet the following particulate air contaminant emission standards under 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: (i) Two and one-half grams per hour for catalytic woodstoves; and (ii) four and one-half grams per hour for

all other solid fuel burning devices. For purposes of this subsection, "equivalent" shall mean the emissions limits

specified in this subsection multiplied by a statistically reliable conversion factor determined by the department that

compares the difference between the emission test methodology established by the United States environmental

protection agency prior to May 15, 1991, with the test methodology adopted subsequently by the agency.

Subsection (a) of this subsection does not apply to fireplaces.

 (b) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such

fireplace 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. Prior to January 1, 1997, the state

building code council shall establish by rule a methodology for the testing of factory-built fireplaces. The

methodology shall be designed to achieve a particulate air emission standard equivalent to the 1990 United States

environmental protection agency standard for woodstoves. In developing the rules, the council shall include on the

technical advisory committee at least one representative from the masonry fireplace builders and at least one

representative of the factory-built fireplace manufacturers.

 (c) Prior to January 1, 1997, the state building code council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include

on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop

design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.

 (d) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel

burning devices, except where authorized by chapter 199, Laws of 1991.

 (e) Subsection (1)(a) of this section shall not apply to fireplaces.

 (f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards adopted by the United States environmental protection agency for new woodstoves sold at retail. For solid fuel

burning devices for which the United States environmental protection agency has not established emission standards, the department may exempt or establish, by rule, statewide standards including emission levels and

test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new woodstoves and fireplaces regulated under this subsection.

 (2) A program to:

 (a) Determine whether a new solid fuel burning device complies with the statewide emission performance standards established in subsection (1) of this section; and

 (b) Approve the sale of devices that comply with the statewide emission performance standards.

[1995 c 205 § 3; 1991 c 199 § 501; 1987 c 405 § 4.]

Notes:

 Finding -- 1991 c 199: See note following RCW 70.94.011.

 Severability -- 1987 c 405: See note following RCW 70.94.450.

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