### July 2015 

# State Implementation Plan Revision

Updates to Spokane Regional Clean Air Agency Solid Fuel Burning Devices Rule (Regulation I

- Article VIII )

Rule SIP Revision

### July 2015

ii | Page 

# Publication and Contact Information

This report is available on Spokane Regional Clean Air Agency ’s website , www.SpokaneCleanAir.org

. Contact: Spokane Regional Clean Air Agency Attn: Margee Chambers 3104 E

. Augusta Ave nue Spokane, WA 99207 Phone: (509) 477

- 4727 Fax: (509) 477

- 6828 Email: mchambers@spokanecleanair.org

If you need this document in a n alternate format for the visually impaire d or hearing loss, call Spokane Regional Clean Air Agency at 509

- 4 7 7

- 4727

.

Cover photo of Mt. Spokane courtesy of Alan Bisson

.

### July 2015

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# State Implementation Plan Revision

Updates to Spokane Regional Clean Air Agency Solid Fuel Burning Devices Rule (Regulation I

- Article VIII )
by Spokane Regional Clean Air Agency

### July 2015

iv | Page This page left blank intentionally.

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# T able of Contents

Page

I. Purpose

................................ ................................ ................................ .................. 1 What is New?

................................ ................................ ................................ ................. 2 What would SRCAA like Ecology to do with the submittal?

................................ ....... 2 Public Involvement

................................ ................................ ................................ ........ 2 II. Detailed Discussion of Changes

................................ ................................ ............ 3 Section 8.01

- Purpose

................................ ................................ ................................ ... 3 Section 8.03

- Definitions

................................ ................................ .............................. 3 Se ction 8.04

– Emission Performance Standards

................................ .......................... 4 Section 8.07

- Curtailment

................................ ................................ ............................. 4 Section 8.08

- Exemptions

................................ ................................ ............................. 6 Section 8.09

– Procedure to Geographically Limit Solid Fuel Burning Devices

.......... 6 Section 8.10

– Restrictions on Installation of Solid Fuel Burning Devices

................... 6 III. Redline Strike Out Version of Rule Language

................................ ...................... 7

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# I. Purpose

The f ederal Clean Air Act requires the Environmental Protection Agency (EPA) to develop N ational A mbient A ir Q uality S tandards (NAAQS) for six common air pollutants called criteria pollutants. It requires states to develop plans (called State Implementation Pl ans or SIPs) detailing how the states will meet these standards. Washington’s SIP consists of state regulations adopted by the Department of Ecology (Ecology), state regulations adopted by the Energy Facility Site Evaluation Council (EFSEC), and regulat ions adopted local clean air agencies. States must submit their SIPs to EPA for approval, after providing public notice and an opportunity for public comment. In Washington, the Governor designated Ecology as the agency responsible for adopting SIP revis ions and submitting SIPs to EPA. Once approved by EPA, provisions in SIPs become federally enforceable. This means that if a local agency or state fails to implement the SIP, citizens or EPA can step in. In other words, SIPs allow for additional oversi ght by the public, regulated community and EPA. On July 10, 2014, the Spokane Regional Clean Air Agency (SRCAA) adopted a revised regulation for the use of solid fuel burning devices including wood stoves, in the Spokane area. Before adopting the revise d R egulation I, Article VIII, Solid Fuel Burning Device Standards, , SRCAA provided notice to the public, accepted public comments, and held a public hearing. The primary intent of the regulation update was to align the regulation’s stated procedure for issuing temporary bans, or curtailments, on the use of solid fuel burning devices with Washington State law. The regulation update also revised the process for individuals to obtain authorization to use solid fuel burning devices during burn bans. The cri teria for issuing burn bans are established in R evised Code of Washington (RCW) 70.94.473, which was amended by the state legislature in 2008. Incorporating the amended RCW into Regulation I, Article VIII does not affect SRCAA’s practices with respect to the issuance of burn bans because the agency already implements the RCW.

The SRCAA Solid Fuel Burning Device regulation was first submitted to the EPA in 1994 for inclusion in the Washington SIP to bring abo ut the attainment of the NAAQS for particulate matter ten microns or less (PM10). The area was redesignated to attainment in 2005, and is currently a maintenance area for PM10. We are submitting the updated regulation to Ecology, as the Governor’s designee for the SIP. We request that Ecology adopt the SIP revision and submit it to EPA for approval in Washington’s SIP. The SIP revision is updating the local Solid Fuel Burning Device regulation language from the old, 1994 version to the current, 2014 version. The SIP revision does not change current local and state rules regarding the use of solid fuel burning devices. The SIP revision does not address EPA’s new emission standards for the manufacture of new woodstoves. That is a federal manufacturin g requirement.

### July 2015

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# What i s New?

SRCAA amended its Regulation I, Article VIII, Solid Fuel Burning Device Standard s , to meet changes to RCW 70.94.473 . These updates now need to be reflected in the SIP. The changes are made to :

• Meet EPA air quality requirements

• Update criteria for issuing burn bans on the use of solid fuel burning devices

• Update the criteria for exemptions

• Reduce wood smoke emissions



# What would SRCAA like Ecology to do with the submittal?

SRCAA proposes that Ecology, as the Governor’s designee for the SIP, submit the SIP to EPA and request EPA to approve th is rule revision into the SIP.



# Public Involvement
As the Governor’s designee for the SIP, Ecology is responsible for providing public notice and the opportunity to review and comment on the SIP revision. Ecology accepted public comments on the SIP revision from March 2, 2015 through April 10, 2015. Ecol ogy held two public hearings in Spokane, both on April 2, 2015. Ecology documented the public involvement process in the Response to Comments (Ecology publication number 15

- 02

- 010

. ) The Response to Comments includes the following documentation of publi c involvement for this SIP revision:

• Ecology’s response to comments

• Copies of written comments

• Transcripts from two public hearings held on April 2, 2015

• Certification of Hearing

• Affidavi t of publication of the Notice for Opportunity for Public Comment

• Eco logy News Release on the public comment period and public hearing

• Frequently Asked Questions

• E

- mail notifications

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# II. Detailed Discussion of Changes
Section 8.01
- Purpose
SRCAA Regulation I, Article VIII, Solid Fuel Burning Device Standard s establishes emissions standards, certification standards and procedures, curtailment rules and fuel restrictions for wood stoves and other solid fuel burning devices. It is designed to reduce wood smoke emissions and maintain compliance with federal air qu ality standards within Spokane County. The current SIP

approved version of the rule was adopted and submitted to EPA in 1994 for incorporation in the SIP. The most recent revision to SRCAA’s Regulation I, Article VIII, Solid Fuel Burning Device Standard s w as in 20 14

. The revised rule lowers the burn ban trigger level to reduce solid fuel burning device emissions to meet the PM2.5 NAAQS. Given the more stringent nature of the PM2.5 NAAQS compared to the PM10 NAAQS, this revision is reasonable and appropriate. Please see EPA’s final approval of changes to Ch. 173

- 433 WAC , Solid Fuel Burning Devices (79 FR 26628, May 9, 2014, Docket # EPA

- R10

- OAR

- 2013

- 0707) for a full analysis of PM2.5 vers us PM10 trigger levels and correlation. This plan relies on that analysis.



# Section 8.0 3
- Definitions

Defini tions were u pdated , removed and/or added to clarify the Solid Fuel Burning Device regulation. Updated:

• Authority

– Agency is used in place of Au thority. Agency represents Spokane Regional Clean Air Agency.

• Cook stove

– D escriptors added to better define what makes an appliance a cook stove

. • Solid fuel burning device

– Updated for clarification.

• Smoke control zone

– L anguage u pdated for clarification.

• Woodstove

– U pdated to better describe criteria an appliance needs to meet to be a woodstove.

Added:

• Commercial establishment

• EPA Certified

– A wood stove certified and labeled by EPA under 40 CFR 60 Subpart AAA

- Standards of Performance for Residential Wood Heaters.

• National Ambient Air Quality Standards

• Non

- affected pellet stove

• Non

- attainment area

• Oregon Certified

• PM2.5 & PM10

• Washington Certified Device

### July 2015

4 | Page Removed:

• Adequate source of heat

– D efinition incorporated into single use of term in Section 8.08 E xem ptions.

• Certified

– New terms have taken it’s place, “EPA Certified” and “WA State Certified”.

• Furnace

– D efinition no longer us ed in the regulation

. • Reasonable further progress

– Spokane County was redesignated to attainment in 20 05. Reasonable further progress is no longer necessary for attainment purposed for the maintenance plan.

• Substantially remodeled

– D efinition no longer used in the regulation.



# Section 8.0 4

– Emission Performance Standards

The rule revision includes adopt ing WAC 173

- 433 by reference . We are not seeking EPA SIP approval of subsections 130, 170, and 200 in their incorporation by reference of the rest of WAC 173

- 433.



# Section 8.0 7
- Curtailment
The primary intent of the rule revision is to align the r ule ’s s tated procedure for issuing temporary bans , or curtailments , in limited geographic areas , on the use of solid fuel burning devices (Section 8.07) with Washington State law. The criteria for issuing burn bans are established in RCW 70.94.473, which was amen ded by the state legislature in 2012. The updates in this section include :

• Clarify what solid fuel burning devices may be used during a Stage I Burn Ban.

• Update the burn ban triggers to the more stringent PM2.5 standard.

• Clearly outline when to call a Sta ge 2 Burn Ban.

• Includ es a matrix that graphically illustrate s the applicability of solid fuel burning devices during Stage 1 Burn Ban, Stage 2 Burn Ban and an Air Quality Episode.

• Please see EPA’s final approval of changes to Ch. 173

- 433 WAC , Solid Fuel Bu rning Devices (79 FR 26628, May 9, 2014, Docket # EPA

- R10

- OAR

- 2013

- 0707 )

. SRCAA and Ecology established a correlation between PM10 and PM2.5 for Spokane County. The graph below shows a plot of coinciding daily averages of federal reference method (FRM) PM10 data and FRM PM2.5 data by season. The heating season is October through March. The
n on

- winter season is April through September. T he Spokane County data is from the Spokane

Augusta Ave nue site, from September 2009 through September 2014. This plot sh ows that the PM2.5 trigger levels are more protective than the PM10 trigger levels

. The PM2.5 trigger levels are sufficiently low that SRCAA would have already called an impaired air quality burn ban by the time PM10 levels reach their trigger levels.

### July 2015

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## Spokane Co.: September 2009

– September 2014

Figure 1 : Spokane PM2.5 to PM10 Correlation of average daily values by season

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# Section 8.0 8
- Exemptions

The rule revision includes substantive changes to Section 8.08, Exemptions , which provides a means for individuals to obtain authorization to use solid fuel burning devices in limited geographic areas during burn bans. The changes include :

• Specify that individuals must qualify for the low income exemption through Spoka ne Neighborhood Action P artners (SNAP). Renewal of a low income exemption would also be obtained through SNAP.

• The fee for a low income exemption will be waived.

• Exemptions for structures with no other adequate source of heat will not be allowed if the str ucture was built on or after July 1, 1992.

• Clarify that a primary source of heat that is temporarily inoperable must be repaired or replaced pursuant to an agreed upon schedule if an exemption is granted allowing the use of a solid fuel burning device in p lace of the inoperable heat source. Unlike other exemptions, this will be available to commercial establishments.

• Provide for a temporary State of Emergency exemption due to a storm, flooding or other disaster. Temporary approval of exemption shall referen ce the emergency, effective date, expiration date, and limitations such as specific geographic areas.

• Provide for a one

- time, 10

- day temporary exemption, which is free of charge and can be requested by telephone. It is limited to low income, no adequate so urce of heat, and primary heating source temporarily inoperable.

• Eliminate the automatic exemption for solid fuel burning furnaces.



# Section 8.0 9

– Procedure to Geographically Limit Solid Fuel Burning Devices
Update d the language in the rule to reflect th at the area was redesignated from nonattainment to attainment for the PM10 NAAQS in 2005, and is currently a PM10 maintenance area.



# Section 8. 10

– Restrictions on Installation of Solid Fuel Burning Devices
Update d rule to meet Washington states stri ngent sale , transfer , advertise , installation requirements for solid fuel burning devices.

# III. Redline Strike Out Version of Rule Language

Regulation I

- Article VIII

- Solid Fuel Burning Device Standards

- Comparison of rules approved by EPA in the SIP in 1997 with the rule revisions adopted by SRCAA and effective in 2014, proposed for inclusion in
the SIP.

SECTION 8.01

– PURPOSE

This article establishes emission standards, certification standards and p rocedures, curtailment rules, and fuel restrictions for solid fuel burning devices in order to attain the National Ambient Air Quality Standards for fine particulate matter ( PM10 PM2.5 ) and to further the policy of the authority Agency as stated in Article I, Section 1.01 of this Regulation.

SECTION 8.02

– APPLICABILITY

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

SECTION 8.03

– DEFINITIONS

Unless a different meaning is clearly required by context, words and phrases used in this article 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, natural gas, ele ctricity, or propane and to maintain seventy degrees Fahrenheit at a point three feet above the floor in all normally inhabited areas of a residence or commercial establishment. Agency means the Spokane Regional Clean Air Agency.
B. Certified means:1. a solid fuel burning device, other than a fireplace, has received certification 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 Pe rformance 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 B

. Coal stove means an enclosed, coal burning appliance capable of and intend ed for residential space heating, domestic water heating , or indoor cooking, which has substantially all the following
characteristics: 1. An opening for loading coal which is located near the top or side of the appliance; and 2. An opening for emptying ash which is located near the bottom or the side of the appliance;
and 3. A system which admits air primarily up and through the fuel bed; and 4. A grate or other similar device for shaking or disturbing the fuel bed; and 5. Listing by a nationally recogni zed safety testing laboratory for use of coal only, except for coal ignition purposes ; and 6. Not configured or capable of burning cordwood.

.

C. Commercial establishment is defined to include an establishment possessing a valid business license issued by a governmental entit y.

D. Cook stove means an appliance designed with the primary function of cooking food and containing an integrally built in oven with a volume of 1 cubic foot or greater where the cooking surface measured in square inches o r square feet is one and one

- half times greater than the firebox measured in cubic inches or cubic feet (e.g. a firebox of 2 cubic feet would require a cooking surface of at least 3 square feet). It
must have , with an internal temperature indicator and ove n rack, around which the fire is vented, as well as a shaker grate ash pan and an ash clean out below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cook stove. A portion of at least
four sides of the oven must be exposed to the flame path during the oven heating cycle, while a flue gas bypass will be permitted for temperature control. Devices designed or advertised as room heaters that also bake or cook do not qualify as cook stoves.E. E cology means the Washington State Department of Ecology.

F. EPA means the United States Environmental Protection Agency or the Administrator of the United States Environmental Protection Agency or his/her designated representative.

G. EPA Certified means a wood stove certifi ed and labeled by EPA under “40 CFR 60 Subpart AAA

Standards of Performance for Residential Wood Heaters”.

G H

. Fireplace means a permanently installed masonry fireplace; or a factory

- built solid fuel burning device designed to be used with an air

- to

- fuel ratio greater than or equal to thirty

- five to one and
without features to control 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 r equirements, or aesthetics.
H. Furnace means a device which is designed and installed 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 conv ective or direct radiation of heat into the rooms.
I. Reasonable Further Progress has the same meaning as in Section 171(1) of the Federal Clean Air Act (42 USC 7501).

I. National Ambient Air Quality Standards (NAAQS; 40 CFR 50) means outdoor air quality standards established by the United States Envir o nmental Protection Agency under authority of the f ederal Clean Air Act. EPA set standards for six principal air pollutants, called “criteria” pollutants, under t he NAAQS. The criteria pollutants are carbon monoxide, sulfur dioxide, nitrogen dioxide, lead, ozone and particulate matter (PM2.5 and PM10).

J. Non

- affected pellet stove means that a pellet stove has an air

- to

- fuel ratio equal to or gre a ter than
35:1 whe n tested by an accredited laboratory in accordance with methods and procedures specified by
the EPA in “40 CFR 60 Appendix A, REFERENCE METHOD 28A

- MEASUREMENT OF AIR TO FUEL RATIO
AND MINIMUM ACHIEVABLE BURN RATE S FOR WOOD

- FIRED APPLIANCES ” as amended thro ugh July 1,
1990.K. Nonattainment Area means a clearly delineated geographic area which has been designated by the Environmental Protection Agency because it does not meet, or it affects ambient air quality in a nearby area that does not meet, a national ambient air quality standard or standar ds for one or more of the criteria pollutants defined in 40 CFR 50, National Ambient Air Quality Standards.

L. Oregon Certified means a woodstove manufactured prior to 1989 which meets 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.

M. PM2.5 means particulate matter with a nominal a erodynamic diameter of two and one half
micrometers and smaller measured as an ambient mass concentration in units of micrograms per cubic meter of air. Also called fine particulate matter.

N. PM 10 means particulate matter with a nominal aerodynamic diameter of ten micrometers and smaller measured as an ambient mass concentration in units of micrograms per cubic meter of air.

J O

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

K P

. 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, cook

stoves , pellet stoves, and fireplaces, or any similar device burning any solid fuel . It includes devices used for aesthetic or space

- heating purposes in a private residence or commercial establishment, which has a heat input less than one mil lion British thermal units per hour.

L Q

. Smoke Control Zone means the Spokane/Spokane Valley Metropolitan area and surrounding geographic area s , impacted affected by solid fuel combustion smoke from solid fuel burning devices, , surrounding the Spokane/Spokane Valley Metropolitan area and, after consideration of the contribution
of noncertified solid fuel burning devices that are not Washington certified devices, , population density and urbanization, and impact to effect on 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 through 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 through 16 and 19 through 36, Towns hip 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 Rem odeled means any alteration or restoration of a building exceeding sixty percent of the appraised value of such building within a twelve

- month period (RCW 70.94.455).

N R

. Treated Wood means wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, fungus or weathering.

S. Washington Certified Device means a solid fuel burning device, other than a fireplace, which has bee n determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457 and WAC
173

- 433

- 100(3).

O T

. Wood stove means a n enclosed solid fuel burning device capable of and intended for residential space hating and domestic water heating th at meets the following criteria contained in “40 CFR 60 Subpart AAA

- Standards of Performance for Residential Wood Heaters ” as amended through July 1,
1990 : 1. An wood fueled appliance other than a cookstove with a closed fire chamber which maintains

an air

- to

- fuel ratio in the combustion chamber averaging of less than thirty

- five to one 35:1 as determined by EPA Reference Method 28A; and
2. A useable firebox volume of less than twenty cubic feet; and
3. A minimum burn rate less than 5 kg/hr as determined by EPA Reference Method 28; and
4. A maximum weight of 800 kg, excluding fixtures and devices that are normally sold separately, suc h as flue pipe, chimney, and masonry components not integral to the appliance.

during the burning of ninety percent or more of the fuel mass consumed at the minimum burn rate
achievable. Any combination of parts, typically consisting of but not limited to, doors, legs, flue pipecollars, brackets, bolts and other hardware, when manufactured for the purpose of be ing assembled, with or without additional owner supplied parts, into a wood stove, is considered a wood stove.

SECTION 8.04

- EMISSION PERFORMANCE STANDARDS

The Authority Agency adopts Chapter section WAC 173

- 433 WAC

- 100 by reference "Emission
Performance Standards" and Title 40, Part 60, Subpart AAA of the Code of Federal Regulations "Standards of Performance for New Residential Wood Heaters" by reference.

SECTION 8.05

- OPACITY STANDARDS

A. Opacity Limit 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 opacity for six consecutive minutes in any one

- hour period.

B. Test m M ethod and p P rocedures

. EPA reference method 9

- Visual Determination of Opa city of Emissions from Stationary Sources

- shall be used 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 refuted 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.

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 burningdevice: A. Garbage;
B. Treated wood (defi ned in Section 8.03) ; C. Plastic products; D. Rubber products; 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.

SECTION 8.07

– CURTAILMENT

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

1. Air Pollution Episode Whenever Ecology has declared curtailment under an alert, warning, or emergency air pollution episode
for the geographical area pursuant to c hapter Chapter 173

- 435 WAC and RCW 70.94.715.

2. Stage 1 Burn Ban Whenever Ecology or the Authority Agency has declared curtailment under a first stage of impaired air quality for the Smoke Control Zone or other geographical area, unless and the solid fue l burning device
is not a certified device one of the following: a. A nonaffected pellet stove; or b. A Washington Certified Device; or c. An EPA Certified Woodstove; or d. An Oregon Certified Woodstove

.In Spokane County as allowed by RCW 70.94.473(1)(b)( i) a A first stage of impaired air quality is reached and curtailment may be declared when the Agency determines that particulate s matter ten microns and smaller in diameter (PM10) with a nominal aerodynamic diameter of two and one half micrometers and
smal ler (PM2.5), are measured as an ambien t mass concentration at any location inside within Spokane County at an ambient level of seventy five micrograms per cubic meter of air by using a method which
has been determined , by Ecology or the Authority Agency , to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix J L , and updated hourly as a twenty

- four hour running average, is likely to exceed thirty

- five micrograms per cubic meter of air within forty

- eight hours based

on forecasted meteorological conditions or equivalent

.

3. Stage 2 Burn Ban Whenever Ecology or the Authority Agency has declared curtailment under a second stage of impaired air quality for the Smoke Control Zone or other geographical area. A In Spokane Count y as allowed by RCW 70.94.473(1) (c)(ii) second stage of impaired air quality is reached and curtailment may be declared
when particulates ten microns and smaller in diameter (PM10) are measured at any location inside Spokane County at an ambient level of o ne hundred 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. ever all of the following cr iteria are

met: a. Issuing a Stage 2 Burn Ban Following a Stage 1 Burn Ban 1) A first stage of impaired air quality has been in force for a period of twenty

- four hours o r longer and, in the Agency ’s judgment, has not reduced the PM2.5 ambient mass concentr ation,
measured as a twenty

- four hour running average, sufficiently to prevent i t from exceeding thirty

- five mi crograms per cubic meter of air at any location inside Spokane County within twenty

- four hours; and 2) A twenty

- four hour running average PM2.5 ambient mass conce ntration equal to or greater than twenty

- five micrograms per cubic meter of air is measured at any location inside Spokane County using a method with has been determined by Ecology of the Agency to have a reliable
correlation to the feder al refere n ce method, CFR Title 40 Part 50 Appendix L, or equiv alent; and 3) The Agency does not expect meteorological conditions to allow ambient mass concentrations of PM2.5 measured as a twenty

- four hour running average to decline below twenty

- fivemicro grams per cubic meter of air for a period of tw e nty

- four hours or more from the time that
it is measured at that concentration. b. Issuing a Stage 2 Burn Ban Without First Decl aring a Stage 1 Burn Ban A second stage burn ban may be issued without an existi ng first stage burn ban as allowed by RCW 70.94.473 (1) (c)(ii) whenever all of the following criteria are met: 1) The ambient mass concentration of PM2.5 at any location inside Spokane County has reached

or excee ded twenty

- five micrograms per cubic meter, measured as a running twenty

- four hour average using a method which has been determined, by Ecology or the Agency , to have a reliable correlation to the federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent; and 2) Meteorological conditi ons have caused PM2.5 ambient m ass concentrations to rise rapidly;
and 3) The Agency predicts that meteorological conditions will cause PM2.5 ambient mass concentrations measured as a twenty

- four hour running average to exceed thi r ty

- five micrograms per cu bic meter of air within twenty

- four hours ; and 4) Meteor o logical conditions are highly likely to prevent smoke from dispersing sufficiently to allow PM2.5 ambient mass concentrations to decline below twenty

- five micrograms per cubic
meter of air within twe nty

- four hours.

Issuance of a seco nd stage burn ban without an existing first stage burn ban shall require the Agency to comply with RCW 70.94.473(3).

4. The following matrix graphically illustrates the applicability of Sections 8.07.A.1

- 3 of this Regulation.
Burn Condition Impair e d Air Quality Air Pollution Episode Type of Device First Stage Burn Ban Second Stage Burn Ban
EPA Certified
Woodstove Allowed Prohibited Prohibited

Oregon Certified
Woodstove Allowed Prohibited Prohibited

Pellet Stove (nonaffected) Allowed Prohibited ProhibitedWashington Certified
Device Allowed Prohibited Prohibited

All Other Devices Prohibited Prohibited Prohibited

4. After July 1, 1995, if the limitation in RCW 70.94.477(2) is exercised, following the 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 reached and curtailment may be de clared when particulates ten microns and smaller in diameter (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 Ecology or the Authority, to ha ve 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 exercised, following the procedure in Section 8.09, (Procedure to Geographically Lim it Solid Fuel Burning Devices), and the solid fuel burning
device is not a certified device or a fireplace. one of the following: a. A nonaffected pellet stove; or b. Washington Certified Device; or c. EPA Certified Woodstove; or d. Oregon Certified Woodstove.

B. In consideration of declaring curtailment under a stage of impaired air quality, the Authority Agency shall consider the anticipated beneficial effect on ambient concentrations of PM2.5, levels of particulates
ten microns and smaller in diameter (PM10), taking into account meteorological factors, the
contribution of emission sources other than solid fuel burning devices, and any other factors deemed to have an impact affect the PM2.5 mass concentration

.

C. Any person responsible for a sol id fuel burning device which is subject to curtailment and is already in operation at the time curtailment is declared under an episode, or a stage of impaired air quality shall extinguish that device by withholding new solid fuel for the duration of the e pisode or impaired air quality. Smoke visible from a chimney, flue or exhaust duct after a time period of three (3) hours has elapsed from the time of declaration of curtailment under an episode or a stage of impaired air quality
shall constitute prima fac ie 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 Agency , Ecology, Spokane County Health Di strict, fire departments, fire districts, Spokane County Sheriff's Department, or local police having jurisdiction in the area may enforce compliance with solid fuel burning device curtailment after a time period of three (3) hours has elapsed
from the tim e of declaration of curtailment under an episode or a stage of impaired air quality.

SECTION 8.08

- EXEMPTIONS

A. Catego r ies The provisions of Section 8.07 shall not apply to any person who possesses a valid written exemption for his/her residence , issued by the Authority Agency . The Authority Agency may issue written exemptions to any person who for residences if any one of the following is demonstrates demonstrated any of the following to the satisfaction of the Authority Agency :

1. Low Income
An e conomic need to burn solid fuel for residential space heating purposes by qualifying through Spokane Neighborhood Action P artners (SNAP) for energy assistance according to economic guidelines established by the U.S. Office of Management and Budget under the low income energy assistance program (L.I.E.A.P.).

2. No Adequate Source of Heat An exemption may be issued if all of the following apply:

a. That his/her heating system, other than a solid fuel heating device, is inoperable for reasons
other than his /her own actions.3. That there is no adequate source of heat and the structure The
residence was constructed or substantially remodeled prior to July 1, 1992

. , and b. The residence was originally constructed with a solid fuel burning device as a source of h eat; and

c. A person in a residence does not have adequate source of heat without using a solid fuel burning device (RCW 70.94.477(6)(a)).1) Adequate source of heat means the ability to maintain seventy degrees F ahrenheit at a point
three feet above the f loor in all normally inhabited areas of a dwelling (WAC 173

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- 030(1) ) ; and 2) If any part of the heating system has been disconnected/removed, damaged, or is otherwise nonfunctional, the Agency shall base the assessment of the adequacy of design for prov iding an adequate source of heat in Section 8.08A2.c.1 ) , above, on the system ’s capability prior to the disconnection/removal, damage, improper maintenance, malfunction, or occurrence that rendered the system nonfunction al

.

A person’s income level is not a determining factor in the approval or denial of an ex emption under this provision. E x emptions based on income level are addressed in Section 8.08A.1.

4. That there is no adequate source of heat and the structure was constructed or substantially
remodele d after July 1, 1992 and is outside an urban growth area, as defined in RCW 36.70A and is outside an area designated nonattainment for particulates ten microns and smaller in diameter (PM10) in accordance with CFR Title 40, Part 50.6.

3. Primary Heating S ource Te mporarily Inoperable That his/her heating system, other than a solid fuel burning device, is temporarily inoperable for reasons other than his/her own actions. When applying for this exemption, the applicant must submit a compliance schedule for br inging h is/her heating system, other than a solid fuel burning device, back into operation to be used as his/her primary heating source. Unless otherwise approved by SRCAA, exemptions will be limited to 30 calendar days. A person ’s income level is not a determining factor in the approval or denial of an exemption under this provision.

4. State of Emergency If a state of emergency is declared by an authorized local, state, or federal government official due to a storm, flooding, or other disaster, which i s in effect during a burn ban declared pursuant to Section 8.07 of this Regulation, the Control Officer may temporarily issue a State of Emergency exemption. The State of Emergency exemption shall serve as a general exemption from burn ban provision in Sec tion 8.07. The temporary approval shall reference the ap plicable state of emergency, effective d ate, expiration date, and limit ations, if any (e.g. specific geographic areas affected).B. Exemption Duration and Renewals Written exemptions shall be valid for a period determined by the Authority Agency , which shall not
exceed one (1) year from the date of issuance. Exemptions in Section 8.08.A.1 & 2 may be renewed by the Agency , provided the applicant meets the applicable re quirements at the time of exemption
renewal. For renewals under Sectio n 8.08.A.1, the applicant must demonstrate the low income status is met each time application is made. Exemption requ est may be denied by the Agency, regardless of the applicant ’s exempt ion history.

C. Fees Exemption requests must be accompanied by fees specified in SRCAA Article X Section 10.10 and
SRCAA ’s fee schedule. For exemptions which are requested and qualify under the low income exemption in Section 8.08.A.1, the fee is waived.

D. One

- Time, 10

- Day Temporary Exemption SRCAA may issue one

- time, 10

- day temporary solid fuel burning device exemptions if persons making such requests qualify and provide all of the information below. Unless required otherwise by SRCAA, such exemption re quests may be taken via telephone. 1. Full name; and 2. Mailing address; and
3

. Telephone number; and
4. Ackno w ledgement that he/she believes he/she qualifies for an exemption pursuant to Section 8.08.A.1, 2, or 3; and 5. Physical address where the exempti on applies; and 6. Description of the habita ble space for which the exemption is being requested; and 7. Acknowledge th at s / he has not previously requested such an exemption for the same physical address, except as provided below, and that all of the infor mation provided is accurate.

One

- time, 10

- day temporary solid fuel burning device exemptions are not valid for any physical address
for which a one

- time, 10

- day temporary solid fuel burning device exemption has previously been issued unless a past exemption was issued for a residence under different ownership or there is a temporary breakdown that qualifies under Section 8.08.A.3.E. Residential and Commercial Exemption Limitations Except for commercial establishments qualifying under Section 8.08. A.3 or 8.08.D, exemptions are limited to residences. Exemptions are limited to normally inhabi ted areas of a residence, which includes areas used for living, sleeping, cooking and eating. Exemptions will not be issued for attached and detached garages, sho ps, and outb u ildings. For commercial establishments, exemptions will be limited to areas identified in exempt ion approvals issued by SRCAA pursuant to Section 8.08.A.3 or 8.08.D.

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

SECTION 8.09

- PROCEDURE TO GEOGRAPHICALLY LIMIT SOLID FUEL BURNING DEVICES

A. If the EPA finds that the Spokane PM10 Maintenance Area has violated a National Ambient Air Quality
Standard for PM10 and 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. fai led 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, emissions from solid fuel burning devices are determined by the EPA, in consultation with Ecology and
the Authority Agency , 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 and WAC 173

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- 100 , is restricted to areas outside the Smoke Control Zone.

B. Within 30 days of the determination pursuant to Section 8. 09.A., the Authority Agency shall publish a public notice in a newspaper of general circulation, informing the public of such determination and of the date by which such restriction on the use of solid fuel burning devices becomes effective.

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

.SECTION 8.10

- RESTRICTIONS ON INSTALLATION OF SOLID FUEL BURNING DEVICES

A. Installation of Solid F uel Burning Devices
N After July 1, 1992, n o person shall install a new or used solid fuel burning device that is not a Washington certified device in any new or existing building or structure unless the device is a cook
stove, a fireplace, a furnace, or a device which has been rende red permanently inoperable.

B. Sale or Transfer of Solid Fuel Burning Devices After July 1, 1992, n N o person shall sell, offer for sale, advertise for sale, or otherwise transfer a solid fuel burning device , that is not a Washington certified device to another person unless the device is a
cook stove , a fireplace, a furnace, or a device which has been rendered permanently inoperable (RCW 70.94.457(1)(a)).

.

C. Sale or Transfer of Fireplaces After January 1, 1997, n N o person shall sell, offer for sale, ad vertise for sale, or otherwise transfer a new or used fireplace to another person, except masonry fireplaces, unless such fireplace meets the 1990
United States environmental e nvironmental protection p rotection agency a gency standards for wood stoves or eq uivalent standard that may be established by the state building code council by rule (RCW 70.94.457(1)(b)).

D. Sale or Transfer of Masonry Fireplaces No person shall build, sell, offer for sale, advertise for sale, or otherwise transfer a new or used maso nry fireplace, unless such fireplace meets Washington State building code design standards as established by the state building code council by rule (RCW 70.94.457(1) (c)).

SECTION 8.11

- REGULATORY ACTIONS AND PENALTIES

A person in violation of this article may be subject to the provisions of Article II, Section 2.11, Penalties.