Table 5 -- Spokane Regional Clean Air Agency Regulations – page 1 Table 5 -- Spokane Regional Cl ean Air Agency Regulations

Regulation I - Article VI - Emissions Prohibited

SECTION 6.05 - PARTICULATE MATTER AND PREVENTING PARTICULATE

MATTER FROM BECOMING AIRBORNE

A. It shall be unlawful for any person to cause or allow the discharge of pa rticulates in sufficient numbers to unreasonably cause annoyance to any other person when deposited upon the real property of others, except as follows:

1. Temporarily due to breakdown of equipmen t provided the breakdown is reported as soon as possible but no later than the next re gular working day and repairs are promptly

made.

2. The time period allowed by the Control Officer for the owner or operator to meet the compliance order.

B . It shall be unlawful for any person to cause or permit particulate matter to be handled, transported or stored without taking reasonable pr ecautions to prevent the particulate matter from becoming airborne.

C . It shall be unlawful for any person to cause or permit a building or its appurtenances or a road to be constructed, altered, repa ired, or demolished without taki ng reasonable precautions to prevent particulate matter from becoming airborne.

D . It shall be unlawful for any person, including th e owner or person in control of real property to cause or allow particulate matte r to be deposited upon a paved roadway open to the public without taking every reasonable precaution to minimize de position. Reasonable precautions shall include, but are not limited to, the removal of particulat e matter from equipment prior to movement on paved streets and the prompt removal of any pa rticulate matter deposit ed on paved streets. State effective: 11/12/93; EPA effective: 3/28/97

SECTION 6.14 - STANDARDS FOR CONTROL OF PART ICULATE MATTER ON

PAVED SURFACES

A. Applicability. The provisions of Section 6.14 shall apply to a ny state, county, city or local government or private company that applies sand ing materials to or mechanically sweeps or vacuums paved surfaces within the PM10 Nonattainmen t area. This Section shall also apply to all suppliers of sanding materials to be used by these affected entities.

B. Definitions.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 2 1. Affected Entities are any state, county, ci ty or local government or private company that applies sanding material to, or mechanica lly sweeps or vacuums pa ved surfaces within

the PM10 Nonattainment area.

2. Approved Laboratory means a certified or approved facility capable of performing the specified tests in a competent, professiona l, and unbiased manner in accordance with ASTM testing procedures.

3 . The Authority is the Spokane C ounty Air Pollution Control Authority

4. Base Sanding Amount is the average amount of sanding materials applied per lane mile by each affected entity within the PM 10 Nonattainment Area during the 1992 - 1993 season or another base season, as requested by an affected entity and approved by the Authority.

5 . Durability Index means the percent lo ss of weight as determined using ASTM Standard Test Method for Resistance to Degr adation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles M achine", designated C131-89, or other approved ASTM procedure.

6. Full Deployment means that all priority roadways targeted for treatment during a

snow/ice event are sanded.

7. Percent Fines means the percent material passing a #100 sieve as determined by the American Society for Testing Materials (AST M) "Standard Method for Sieve Analysis of Fine and Coarse Aggregates", Designati on C136-84a (1988) (A merican Highway and Transportation Officials desi gnation T27-88), or other ap proved ASTM procedure.

8 . PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, defined in CFR Title 40, Part 81, as designa ted on November 15, 1990. This definition will remain in effect, even after the United Stat es Environmental Protection Agency makes the

determination that the PM10 standard that existed before September 16, 1997, no longer applies to Spokane County. Retaining the definition ensures compliance with the Environmental Protection Agency’s Guidan ce for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS, dated December 29, 1997, by continuing implementation of control measures in the State Implementa tion Plan and preserving air quality gains.

9. Priority Roadway means any street, arterial, or highwa y, within the PM10 Nonattainment Area, with more than 15,000 average daily traffic count, and any connecting entrance or exit ramp.

10. Recycled Sanding Materials means previo usly used sanding materials which haveTable 5 -- Spokane Regional Clean Air Agency Regulations – page 3 been collected from roadway or paved areas an d are then re-used as is, after washing, or after blending with new sanding materials.

11 . Sanding Materials means natural geologic materials, excluding salt and other de-icing chemicals, used to provide increased traction on roadways or paved areas.

12 . Season means the period beginning, N ovember 1, in one calendar year and concluding on April 30, th e next calendar year.

C. Emission reduction and control plans. Each a ffected governmental entity shall submit to the Authority a plan, including an implementation sc hedule describing the programs and methods to be used to reduce PM10 emissions from paved surf aces, within 30 days after the effective date of this regulation. In reviewing each plan, the Author ity shall allow consider ation of mobility and transportation safety factors. Appr oval of any plan shall require th at the Authority determine, in consultation with the Washington State Department of Ecology, that the cu mulative effect of the plans submitted by all affected en tities will achieve and maintain at least a 70% reduction, from the 1992 - 1993 base season, in the 24 hour PM10 emissions from paved surfaces.

1 . Each plan is subject to approval by the Authority and shall address but not necessarily be limited to all of the following:

a . Base sanding amount;

b . Percent sanding reduction goal;

c. Sanding materials specifi cations to be employed;

d. Identification of priority roadways.

e. Locations, application rates, and circum stances for the use of chemical deicers and other sanding alternatives;

f. Street sweeping frequency and technology to be employed;

g. Factors for determining when and where to initiate street sweeping following a sanding event, with the goal of expeditious removal when safety and mobility requirements have been satisfied.

h. An implementation schedule giving the estimated dates of start and completion, if applicable, of each part of the plan.

2. Beginning 30 days after the effective date of this regulation, the plans submitted shall be implemented by each affected entity. Upon ap proval of each plan, the affected entityTable 5 -- Spokane Regional Clean Air Agency Regulations – page 4 shall implement the approved plan.

3. Within 45 days of submittal of the reports required in Subsection G. of this Section, the Authority shall determine if the plan comm itments have been met and shall notify any entity that has failed to meet plan commitments.

4. If the Authority determines that any gove rnmental entity has failed to meet the plan commitments, the Authority, shall require that any affected governmental entity submit a revised plan within 30 days of notification by the Author ity. The revised plan shall establish methods for meeting the plan commitments. Any revised plan must be implemented upon approval by the Authority.

5. If the Authority, after consultation with the affected governmental entities, the Washington Department of Ecology, and the United States Environmental Protection Agency, determines that the emission re duction and control plans do not provide for

sufficient reduction in PM10 emissions to m eet the emission reduction credit for paved

road surfaces as contained in the State Implementation Plan, the Authority may require the affected governmental entities to modify th eir plans in order to achieve additional

reductions.

D . Sweeping requirements. Beginning the effectiv e date of this regulati on, the City of Spokane, Spokane County, and the Washington State Department of Transpor tation, or their contractors, shall clean all priority roadways in an exped itious manner following each sanding event when road conditions are appropriate and safety and mobility requirements have been satisfied Cleaning shall be accomplished with broom sweepers or a more effective technique approved by the Authority.

E . Sanding Materials Specifications

1. Material Standards. No affected entity shall use sanding materials, whether new or recycled, which equal or exceed 3% fines and 25% durability index.

2. Contractual Requirements. After the eff ective date of this re gulation, no affected entity shall execute a contract for the purch ase of sanding materials unless the contract

includes standards at least as st ringent as those set forth in S ubsection E.1. of this Section.

F. Testing

1. Supplier Testing Requirements

a. Suppliers of sanding materials shall ha ve tests performed by an approved laboratory to determine the percent fine s and durability index on representative samples of their sanding materials which are supplied to affected entities.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 5 b. The sampling and test frequency and methodology used shall ensure that the samples are representative and enable the s upplier to certify to the affected entity that the actual sanding materials supplie d for use will meet the requirements of

Subsection E. of this Section.

2. User Requirements. Affected entities or th eir contractors, shall ha ve at least one test performed by an approved laboratory to determine the percent fines and durability index on all recycled materials at least once for the firs t 250 tons of recycled materials used each season and at least once for every 500 tons of recycled materials used thereafter during the

same season.

3. Authority Audits. The Authority may enter the site of any affected entity or supplier of sanding materials subject to this Section for the purpos e of obtaining a sample of sanding materials to determine if the materials meet the requirements of Subsection E. of

this Section.

G. Reporting

1. Supplier Reporting Requirements. Prior to , or upon, delivery of sanding materials, suppliers shall provide affected entities that use their sanding materials a report demonstrating that the supplier has met all tes ting requirements of this Section applicable to the time period in which deliveries are ma de. The supplier shall cer tify in writing to the affected entity that the sanding materials meet the requirements of Subsection E. of this

Section.

2. Affected Entity Reporting Requirements

a . Affected entities that use recycled sanding materials shall submit to the Authority copies of the results of test ing conducted according to Subsection F.2. of this Section no later than 30 days after the test s are conducted.

b. No later than June 30, of each year, a ffected governmental entities shall submit a report to the Authority containing information for the preceding season on:

1) the total amount of sanding material s (both new and recycled) and salt and other deicing chemicals used;

2) the number of lane miles sanded, salted and deiced; and

3) the number of full deployment episodes; and

4) the same information specified in b.(1), b.(2) and b.(3), for all private companies performing sanding, salting, or deicing services under a contractTable 5 -- Spokane Regional Clean Air Agency Regulations – page 6 with the affected governmental entity.

c. No later than June 30, of each year, private companies that use 250 tons of sanding materials or more per season for non-governmental applications within the

PM10 nonattainment area shall submit a report to the Authority containing information for the preceding season on the total amount of sanding materials (both new and recycled) and salt and other deicing chemicals used;

d. Within 7 calendar days of awarding a contract for the purchase of sanding materials to a supplier, an affected entity shall notify the Authority of the supplier's name and location of the aggregate sources from which the materials will be supplied.

e. Affected entities shall maintain on file reports received unde r the provisions of

Subsection G.1. of this Section fo r a period of three (3) years.

3. Sweeper Reporting Requirements

a . Affected entities shall maintain mont hly records to document the information described below. No later than June 30, of each year, each affected governmental entity shall submit a report to the Aut hority which shall contain the information described below for each priority roadway.

1) Date of each sweeping operation;

2) Lane miles swept;

3) Type of equipment used;

4) Number of passes.

5) the same information specified in a.(1 ), a.(2), a.(3) and a.(4), for all private companies performing sweeping under a contract with the affected governmental entity.

4. Authority Audits. All records gene rated under the provisions of this

Section shall be made available for inspection upon request by the Authority.

H. Alternate Test Methods and Standards. Alternate percent fines and durability index test procedures may be approved by the Authority should they be determined to provide a measure that is equivalent to the test procedures of this Section.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 7 I . Alternate Sanding Materials. Experimenta tion with new sanding materials may be approved by the Authority provided the Authority finds that th e impact of such experiments will not cause or

contribute to a violation of the National Ambient Air Qualit y Standard (NAAQS) for PM10.

J . Failure to comply with this Se ction will subject affect ed entities and/or supp liers to penalties as provided in Article II of this Regulation.

State effective : 2/13/99; EPA effective: 6/11/99 SECTION 6.15 - STANDARDS FOR CONTROL OF PART ICULATE MATTER ON

UNPAVED ROADS

A. Applicability. The provisions of Section 6.15 shall apply to:

1. The City of Spokane, the Town of Millwood, Spokane County, and other governmental entities responsible for the ma intenance of unpaved public roads within the PM10 Nonattainment Area; and

2 . Those specific unpaved public roads whic h have been identified by Ecology or the Authority for inclusion in an implementation plan or a maintenance plan for control of

PM10 emissions.

B . Definitions.

1 . Authority means the Spokane Count y Air Pollution Control Authority.

2. Ecology means the Washi ngton Department of Ecology.

3. EPA means the United States Environmenta l Protection Agency or the Administrator

of the United States Environmental Pr otection Agency or his/her designated representative.

4. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air Act (42 USC 7410).

5. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air Act (42 USC 7505).

6. Palliative means salts and other hygroscopic materials, petroleum resins, asphalt emulsions, adhesives, chemical soil stabilizer s or other surface treatment materials acting as a method of dust control, and not prohibited for use by any local, state, or federal law, rule, or regulation.

7. Paved means application of concrete, as phaltic concrete, asphalt, or combination thereof as a means of forming a permanent surface for a road.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 8 8 . PM10 Nonattainment Area means the Spokane County PM10 Nonattainment Area, defined in CFR Title 40, Part 81, as designa ted on November 15, 1990. This definition will remain in effect, even after EPA makes the determination that the PM10 standard that existed before September 16, 1997, no longer ap plies to Spokane C ounty. Retaining the definition ensures compliance with the EPA’ s Guidance for Implementing the 1-Hour Ozone and Pre-Existing PM10 NAAQS, dated December 29, 1997, by continuing implementation of control measures in the Implementation Plan and preserving air quality gains.

9. Reasonable Further Progress has the same m eaning as in Section 171(1) of the Federal Clean Air Act (42 USC 7501).

C. Emission Reduction and Control Plan. Each app licable governmental entity shall submit an

Emission Reduction and Control Plan for approval by the Authority, which includes the following for each applicable unpaved road:

1. A schedule for paving, periodic applicati on of palliative, or implementation of other

control measures.

2. Specification of the type of palliative to be applied and its application rate, paving specifications, or specifications of other cont rol measures with sufficient detail for the Authority to determine emission reductions.

D . Emission Reduction Contingency Plan. Each applicable governme ntal entity shall submit an Emission Reduction Contingency Plan for a pproval by the Authority, which includes the following for each applicable unpaved road:

1. A schedule for paving, periodic application of palliative, or implementation of other

control measures.

2 . Specification of the type of palliative to be applied and its application rate, paving specifications, or specifications of other cont rol measures with sufficient detail for the Authority to determine emission reductions.

E. Effective dates. The applicable government al entities shall comply with the following effective dates whenever an unpaved road is iden tified by Ecology or the Au thority for control of PM10 emissions as part of an implementation plan:

1. For any unpaved road so identified prior to the effective date of Section 6.15 of this regulation, the entity shall submit the Emi ssion Reduction and Control Plan or Emission Reduction Contingency Plan, whichever applies, within 60 days after the effective date.

2. For any unpaved road so identified after the effective date of Section 6.15 of thisTable 5 -- Spokane Regional Clean Air Agency Regulations – page 9 regulation, the entity shall submit the Emi ssion Reduction and Control Plan or Emission Reduction Contingency Plan, whichever applies, within 60 days after such identification.

F . Approval and Implementation.

1. The Authority shall review the Emission Reduction and Control Plan submitted pursuant to Section 6.15.C. of this Regulation and within 60 days after approval by the Authority, the applicable governmental entity shall implement the plan.

2. The Authority shall review the Emission Reduction Contingency Plan submitted pursuant to Section 6.15.D of this Regulat ion and upon approval by the Authority and within 60 days after the EPA makes the findings in Section 6.15.G of this Regulation, the applicable governmental enti ty shall implement the plan.

3. The Authority will not approve an Em ission Reduction and Control Plan or an Emission Reduction Contingency Plan unless th e Authority finds that the plans will achieve the total emission reductions required by the implementation plan. If the Authority finds that a plan will not achieve the required reductions, then the applicable governmental entity shall revise the plan to achieve the required reductions and resubmit the plan for review by the Authority.

G. Findings by EPA. In the event the EPA dete rmines that the Spokane PM10 Nonattainment Area has failed to make Reasonable Further Prog ress or has failed to timely attain a National Ambient Air Quality Standard for PM10 or has violated a National Ambient Air Quality Standard for PM10 after redesignation as an attainment area, and emissions from unpaved roads are determined by the EPA, in consultation with Ecol ogy and the Authority, to be a contributing factor to such failure or violation, the applicable governmental entities sh all comply with the requirements of Section 6.15.F.2 of this Regulation.

H. Reporting. Within 6 months after the effectiv e date of Section 6.15 of this Regulation, and annually thereafter as determined by the Author ity, each applicable governmental entity shall submit a written report to the Authority which demonstrates compliance with the Emission

Reduction and Control Plans and the Em ission Reduction Contingency Plans.

I. Failure to comply. Failure to comply with S ection 6.15 of this Regulati on will subject affected entities to penalties as provided in Article II of this Regulation.

State effective : 2/13/99; EPA effective: 6/11/99

SECTION 6.16 - MOTOR FUEL SPECIFICAT IONS FOR OXYGENATED GASOLINE

A . Purpose. This section establishes motor fuel specifications for oxygenated gasoline in order

to reduce wintertime carbon monoxide emissions from gasoline powered motor vehicles.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 10 B . Applicability. This section applies to all blenders and to all re tail sellers of oxygenated gasoline, intended as a final product for fueling of motor vehicles within the Spokane Control Area and supplied to purchasers within the Spokane C ontrol Area, as defined in Chapter 173-492-070 of the Washington Administrative Code (WAC).

C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in Section 6.16 shall have the following meaning:

1

. Authority means the Spokane County Air Pollution Control Authority.

2

. Conform and Conformity have the same meanings as the terms are used in Section 176(c) of the Federa l Clean Air Act.

3

. Ecology means the Washington Department of Ecology.

4. EPA means the United States Environmental Protection Agency or the Administrator

of the United States Environmental Pr otection Agency or his/her designated representative.

5. Federal Clean Air Act means the Federal Clean Air Act, also known as Public Law 88-206, 77 Stat. 392, December 17, 1963, 42 U.S.C. 7401 et seq., as last amended by the Clean Air Act Amendments of 1990, P.L. 101-549, November 15, 1990.

6. Forecast of Vehicle Miles Traveled has the same meaning as in Section 187(a)(2) of

the Federal Clean Air Act.

7. Implementation Plan has the same meaning as in Section 110 of the Federal Clean Air Act, as it pertains to the Spoka ne Carbon Monoxide Nonattainment Area.

8. Maintenance Plan has the same meaning as in Section 175A of the Federal Clean Air Act, pertaining to revisions of the applicable implementation plan.

9. Maximum Allowable Oxygenate means the maximum amount of an oxygenate which may be added to gasoline without exceedi ng the limits for fuel additives established under Section 211(f) of the Fe deral Clean Air Act.

10. Metropolitan Planning Organization has the same meaning as in Chapter

173-420 WAC.

11

. Reasonable Further Progress has the same meaning as in Section 171(1) of the

Federal Clean Air Act.

12. Spokane Carbon Monoxide Nonattainment Area has the same meaning as inTable 5 -- Spokane Regional Clean Air Agency Regulations – page 11 CFR Title 40, Part 81.

13. Transportation Improvement Program has the same meaning as in Chapter 173-420 WAC, to the extent that it app lies to the Spokane Carbon Monoxide

Nonattainment Area.

14. Transportation Plan has the same meaning as in Chapter 173-420 WAC, to the extent that it applies to the Spokane Carbon Monoxide Nonattainment Area.

D. Adoption of state regulation by reference. Except for Subsections 173-492-040(1) and (2), Chapter 173-492 WAC is hereby adopted by reference, to the extent that it applies to the Spokane

Control Area.

E. Blend and retail sale requirements for gasolin e with non-ethanol oxygenates. Gasoline shall contain the maximum allowable oxygenate fo r the control period, unless the oxygenated is

ethanol.

F. Blend and retail sale requirements for gasoline with ethanol as an oxygenate. The following requirements shall apply:

1. Oxygen in the gasoline shall be no less than 3.2% by weight for the control period beginning on September 1, 1995 and ending February 29, 1996.

2. Oxygen in the gasoline shall be no less than 2.7% by weight fo r the control period beginning in 1996 and for all subsequent control periods.

G . Conformity blend and retail sale requirement for gasoline with ethanol as an oxygenate. Notwithstanding Subsection F., the following requirement shall apply after the applicable Metropolitan Planning Organizatio n, Ecology, and the Authority determine, after consultation that, due solely to an exceedance of a forecast of vehicle miles traveled, a higher level of oxygen in gasoline than what is required in Subsection F., is necessary in order for the Transportation Plan or the Transportation Improvement Program to confor m to the Implementation Plan or Maintenance

Plan:

1. Oxygen in the gasoline shall be no less than 3.2% by weight, for the control period beginning in the year for which the higher le vel of oxygen is projected as necessary to show conformity, and for all subsequent control periods.

H. Contingency blend and retail sale requirement s for gasoline with ethanol as an oxygenate. Notwithstanding Subsections F. or G., gasoline shall contain the maximum allowable oxygenate, as of the initial control period beginning afte r EPA makes any one of the following findings in Subsection H.1., H.1., or H.3., relati ve to the Spokane Carbon M onoxide Nonattainment Area, in conjunction with the finding in Subsection H.4.:Table 5 -- Spokane Regional Clean Air Agency Regulations – page 12 1. Failure to make Reasonable Further Progress.

2. Failure to timely attain a National Ambi ent Air Quality Standard for carbon monoxide.

3. Violation of a National Ambient Air Qual ity Standard for carbon monoxide after 1995.

4. Wintertime emissions from gasoline power ed motor vehicles are determined by the EPA, in consultation with Ecology and the Auth ority to be a contributing factor to such

failure or violation.

The maximum allowable oxygenate requirement sha ll remain in effect for the duration of the initial control period and all s ubsequent control periods until the Authority proposes and EPA determines that subsequent reductions in carbon monoxide emissions, achieved through other control measures or strategies, ar e sufficient to correct the refere nced failure or violation. Upon such determination by EPA, the applicable oxygenate requirement by EPA, the applicable oxygenate requirement in Subsection F. or G. shal l apply, as of the beginni ng of the control period immediately following the determination.

I. Test method. Compliance with requirements in this Section for oxygen in gasoline, including maximum allowable oxygenate, shall be determin ed by ASTM 4815-89; Determination of C1 and C2 Alcohols and MTBE in Gasoline by Gas Chroma tography, or other test methods as approved by Ecology.

State effective: 7/6/95; EPA effective: 12/31//97

Regulation I - Article VIII - Solid Fuel Burning Device Standards

SECTION 8.01 - PURPOSE

This article establishes emission standards, cert ification standards and procedures, curtailment rules, and fuel restrictions for solid fuel burni ng devices in order to a ttain the National Ambient Air Quality Standards for fine pa rticulate matter (PM10) and to fu rther the policy of the authority as stated in Article I, Section 1.01 of this Regulation.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.02 - APPLICABILITY

The provisions of this article apply to solid fuel burning devices in all areas of Spokane County.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.03 - DEFINITIONS

Unless a different meaning is clearly required by c ontext, words and phrases used in this articleTable 5 -- Spokane Regional Clean Air Agency Regulations – page 13 shall have the following meaning:

A . Adequate Source of Heat means a permanently installed furnace or heating system, connected or disconnected from its energy source, designed to heat utilizing oil, natu ral gas, electricity, or propane and to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a reside nce or commercial establishment.

B . Certified means:

1. a solid fuel burning device, other than a fi replace, has received ce rtification or an exemption certificate from the United States Environmental Protection Agency pursuant to Title 40, Part 60, Subpart AAA of the Code of Federal Regulations, "Standards of Performance for New Residential Wood Heaters"; or

2. a solid fuel burning device has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457.

C. Coal stove means an enclosed, coal burning applian ce capable of and intended for residential space heating, domestic water heating, or indoor c ooking, which has substantially all the following

characteristics:

1 . An opening for loading coal which is locate d near the top or side of the appliance;

2. An opening for emptying ash which is locat ed near the bottom or the side of the appliance;

3. A system which admits air primarily up and through the fuel bed;

4. A grate or other similar device for sh aking or disturbing the fuel bed; and

5 . Listing by a nationally recognized safety te sting laboratory for use of coal only, except for coal ignition purposes.

D . Cookstove means an appliance designed with th e primary function of cooking food and containing an integrally built in oven, with an in ternal temperature indicator and oven rack, around which the fire is vented, as we ll as a shaker grate ash pan and an ash clean out below the firebox. Any device with a fan or heat channels used to dissi pate heat into the room shall not be considered

a cookstove.

E. Ecology means the Washington Stat e Department of Ecology.

F. EPA means the United States Environmental Prot ection Agency or the Administrator of the United States Environmental Protection Agen cy or his/her designated representative.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 14 G . Fireplace means a permanently installed masonry fi replace; or a fact ory-built solid fuel burning device designed to be used with an air-to-fu el ratio greater than or equal to thirty-five to

one and without features to contro l the inlet air-to-fuel ratio other than doors or windows such as may be incorporated into the fireplace design for reasons of safety, building code requirements, or

aesthetics.

H . Furnace means a device which is designed and inst alled to heat an entire multiple room structure by forcing heated air through permanently installed ducts or by forcing heated water or steam through pipes which result in convective or direct radiation of heat into the rooms.

I . Reasonable Further Progress has the same meaning as in S ection 171(1) of the Federal Clean Air Act (42 USC 7501).

J. Seasoned Wood means wood of any species that has been sufficiently dried so as to contain twenty percent or less moisture by weight.

K . Solid Fuel Burning Device (same as solid fuel heating device) means a device that is designed to burn wood, coal, or any other nongaseous or nonliquid fuels, and includes wood stoves, coal stoves, cookstoves and firepl aces, or any similar device burning any solid fuel used for aesthetic or space-heating purposes in a private re sidence or commercial establishment, which has a heat input less than one million British thermal units per hour.

L . Smoke Control Zone means the geographic area, impacted by solid fuel combustion smoke, surrounding the Spokane/Spokane Valley Metropolit an area and, after co nsideration of the contribution of noncertified solid fuel burning de vices, population density and urbanization, and impact to the public health (RCW 70.94.477 (2)(a),(b) and (c)), is defined as follows: Sections 1 through 6, Township 24 N, Range 42 E; Townships 25 and 26 N, Range 42 E; Sections 1 through 24, Township 24 N, Range 43 N; Townships 25, 26 and 27 N, Range 43 E; Sections 19 through 36, Township 28 N, Range 43 E; Sections 1 th rough 24, Township 24 N, Range 44 E; Township 25 N, Range 44 E; Sections 19 through 36, Township 26 N, Range 44 E; Township 25 N, Range 45 E; Sections 1 through 4, 9 thr ough 16 and 19 through 36, Township 26 N, Range 45 E; Sections 33 through 36, Township 27 N, Range 45 E; Sections 6, 7, 18, 19, 30, and 31, Township 25 N, Range 46 E; Sections 6, 7, 18, 19, 30 and 31, Township 26 N, Range 46 E; Section 31, Township 27 N, Range 46 E..

M . Substantially Remodeled means any alteration or restora tion of a building exceeding sixty percent of the appraised value of such build ing within a twelve-month period (RCW 70.94.455).

N. Treated Wood means wood of any species that has be en chemically impregnated, painted, or similarly modified to improve resistan ce to insects, fungus or weathering.

O. Wood stove means a wood fueled appliance other than a cookstove with a closed fire chamberTable 5 -- Spokane Regional Clean Air Agency Regulations – page 15 which maintains an air-to-fuel ratio of less than thirty-five to one duri ng the burning of ninety percent or more of the fuel mass consumed at th e minimum burn rate achievable. 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 wood st ove, is considered a wood stove.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.04 - EMISSION PERFORMANCE STANDARDS

The Authority adopts section WA C 173-433-100 "Emission Performance Standards" and Title 40, Part 60, Subpart AAA of the Code of Federal Re gulations "Standards of Performance for New Residential Wood Heaters" by reference.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.05 - OPACITY STANDARDS

A . 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 op acity for six consecutive minutes in any one-hour period.

B . Test method and procedures. EPA reference me thod 9 - Visual Determination of Opacity of Emissions from Stationary Sources - shall be us ed to determine compliance with Section 8.05.A.

C. 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 refu ted by demonstration that the smoke was not caused by an applicable solid fuel burning device . The provisions of this requirement shall not apply during the starting of a new fire for a period not to exceed twenty minutes in any four-hour period.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.06 - PROHIBITED FUEL TYPES

A person shall not cause or allow any of the following materials to be burned in a solid fuel burning device:

A . Garbage;

B. Treated wood;

C. Plastic products;

D. Rubber products;Table 5 -- Spokane Regional Clean Air Agency Regulations – page 16 E. Animals;

F. Asphaltic products;

G. Waste petroleum products;

H. Paints;

I. Any substance, other than properly seasoned fuel wood, or coal with sulfur content less than 1.0% by weight burned in a coal stove, which normally emits dense smoke or obnoxious odors;

J. Paper, other than an amount of non- colored paper necessary to start a fire.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.07 - CURTAILMENT

A. Except as provided in Secti on 8.08, no person shall operate a so lid fuel burning device within a defined geographical area under any of the following conditions:

1 . Whenever Ecology has declared curtailm ent under an air pollution episode for the geographical area pursuant to chapter 173-435 WAC and RCW 70.94.715.

2. Whenever Ecology or the Authority has d eclared curtailment unde r a first stage of impaired air quality for the Smoke Control Z one or other geographical area, and the solid fuel burning device is no t a certified device.

A first stage of impaired air quality is reached and curtailment may be declared when particulates ten microns and smaller in diam eter (PM10) are measured at any location inside Spokane County at an am bient level of seventy five micrograms per cubic meter of air by a method which has been determined, by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

3. Whenever Ecology or the Authority has d eclared curtailment unde r a second stage of impaired air quality for the Smoke Control Z one or other geographical area. A second stage of impaired air quality is r eached and curtailment may be d eclared when particulates ten microns and smaller in diameter (PM10) ar e measured at any location inside Spokane County at an ambient level of one hundred fi ve micrograms per cubic meter of air by a method which has been determined by Ecology or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

4. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exercised, following theTable 5 -- Spokane Regional Clean Air Agency Regulations – page 17 procedure in Section 8.09, and Ecology or the Authority has declared curtailment under a single stage of impaired air quality for the Smoke Control Zone or other geographical area. A single stage of impaired air quality is re ached and curtailment may be declared when particulates ten microns and smaller in diam eter (PM10) are measured at any location inside Spokane County at an ambient level of ninety micrograms per cubic meter of air by a method which has been determined, by Ecol ogy or the Authority, to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J, or equivalent.

5. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exer cised, following the procedure in Section 8.09, and th e solid fuel burning device is not a certified device or a fireplace.

B . In consideration of declaring curtailment unde r a stage of impaired ai r quality, the Authority shall consider the anticipated bene ficial effect on ambient levels of particulates ten microns and smaller in diameter (PM10), taking into accoun t meteorological factors, the contribution of

emission sources other than solid fuel burning devices, a nd any other factors deemed to have an impact.

C . Any person responsible for a solid fuel burning device which is subject to curtailment and is already in operation at the time curtailment is declared under an ep isode, or a stage of impaired air quality shall extinguish that device by withholding new solid fuel for the duration of the episode or impaired air quality. Smoke visible from a chimne y, flue or exhaust duct after a time period of three hours has elapsed from the time of declaration of curtailmen t under an episode or a stage of 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 smoke was not caused by an applicable solid fuel burning device.

D . The Authority, Ecology, Spokane County Health Di strict, fire department s, fire districts, Spokane County Sheriff's Department, or local po lice having jurisdiction in the area may enforce compliance with solid fuel burning device curtai lment after a time period of three hours has elapsed from the time of declaration of curtailm ent under an episode or a stage of impaired air quality.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.08 - EXEMPTIONS

A. The provisions of Section 8.07 shall not appl y to any person who possesses a valid written exemption, issued by the Authority. The Authorit y may issue written exemptions to any person who demonstrates any of the following to the satisfaction of the Authority:

1. An economic need to burn solid fuel fo r residential space heating purposes by qualifying for energy assistance according to economic guidelines established by the U.S. Office of Management and Budget under th e low income energy assistance programTable 5 -- Spokane Regional Clean Air Agency Regulations – page 18 (L.I.E.A.P.).

2. That his/her heating system, other than a solid fuel heating devi ce, is inoperable for

reasons other than his/her own actions.

3. That there is no adequate source of heat and the st ructure was constructed or substantially remodele d prior to July 1, 1992.

4. That there is no adequate source of heat and the st ructure was constructed or substantially remodeled after Ju ly 1, 1992 and is outside an ur ban growth area, as defined in RCW 36.70A, and is outside an area desi gnated nonattainment for particulates ten microns and smaller in diameter (PM10) in accordance with CFR Title 40, Part 50.6.

B. Written exemptions shall be valid for a period determined by the Authority, which shall not exceed one (1) year from the date of issuance. Exemptions may be renewed, provided the applicant meets the applicable requirements at the time of exemption renewal.

C. The provisions of Section 8.07 and the requir ement in Section 8.08.A. to obtain a written exemption shall not apply to any person who opera tes a furnace that is designed to burn wood, coal, or any other nongaseous or non liquid fuels.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.09 - PROCEDURE TO GE OGRAPHICALLY LIMIT SOLID FUEL

BURNING DEVICES

A . After July 1, 1995, if the EPA finds that the Spokane PM10 Nonattainment Area, as defined in CFR Title 40, Part 81, has either:

1. failed to make Reasonable Further Progress, or

2. failed to timely attain a National Ambient Air Quality Standard for particulates ten microns and smaller in diameter (PM10), as defined in CFR title 40, Part 50.6, or

3. violated a National Ambient Air Quality Standard for PM10 after redesignation as an attainment area,

and emissions from solid fuel burning devices ar e determined by the EPA, in consultation with Ecology and the Authority, to be a contributing factor to such failure or violation, then one year after such determination, the use of solid fuel burning devices not meeting the standards set forth in RCW 70.94.457, is restricted to areas outside the Smoke Control Zone.

B . Within 30 days of the determination pursuan t to Section 8.09.A., the Authority shall publish a public notice in a newspaper of ge neral circulation, informing the publ ic of such determination and of the date by which such restriction on the use of solid fuel burning devices becomes effective.Table 5 -- Spokane Regional Clean Air Agency Regulations – page 19 C. Nothing in Section 8.09 shall apply to the use of fireplaces or to persons who have obtained an exemption pursuant to Section 8.08.A.1.

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.10 - RESTRICTIONS ON INST ALLATION OF SOLID FUEL BURNING

DEVICES

A. After July 1, 1992, no person shall install a solid fuel burning device that is not a certified device in any new or existing build ing or structure unle ss the device is a cookstove, a fireplace, a furnace, or a device which has been rendered permanently inoperable.

B. After July 1, 1992, no person shall sell, offer for sa le, advertise for sale, or otherwise transfer a solid fuel burning device, that is not a certified device to anot her person unless the device is a cookstove, a fireplace, a furnace, or a device wh ich has been rendered permanently inoperable.

C. After January 1, 1997, no person shall sell, offe r for sale, advertise for sale, or otherwise transfer a fireplace to another person, except mas onry fireplaces, unless such fireplace meets the 1990 United States environmental protection agen cy standards for wood stoves or equivalent standard that may be established by the state building code council by rule (RCW 70.94.457(1)(b)).

State effective: 9/10/94; EPA effective: 3/28/97

SECTION 8.11 - REGULATORY ACTIONS AND PENALTIES

A person in violation of this ar ticle may be subject to the provi sions of Article II, Section 2.11,

Penalties.

State effective: 9/10/94; EPA effective: 3/28/97

Regulation II - Article IV - Emissions Prohibited

SECTION 4.01 - PARTICULATE EMISSION S - GRAIN LOADING RESTRICTIONS

It shall be unlawful for any person to cause or allow the emission of particulate matter into the atmosphere from any single source:

A. Which is in excess of 0.1 grains per cubic foot of gas at standard conditions for non-

combustion sources.

B. Which is in excess of 0.1 grains per cubi c foot of gas calculated to 12% of carbon dioxide (CO2) at standard c onditions for combustion sources.

State effective: 4/26/79; EPA effective: 6/5/80Table 5 -- Spokane Regional Clean Air Agency Regulations – page 20