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

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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 Avenue

Spokane, WA 99207

Phone: (509) 477-4727

Fax: (509) 477-6828

Email: mchambers@spokanecleanair.org

If you need this document in an alternate format for the visually impaired or hearing loss, call 

Spokane Regional Clean Air Agency at 509-477-4727. 

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

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This page left blank intentionally.
 July 2015

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Table 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

Section 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
 July 2015

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I. Purpose

The federal Clean Air Act requires the Environmental Protection Agency (EPA) to develop 

National Ambient Air Quality Standards (NAAQS) for six common air pollutants called criteria 

pollutants. It requires states to develop plans (called State Implementation Plans 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 

regulations 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 revisions 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 oversight 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 revised Regulation 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 criteria for issuing burn 

bans are established in Revised 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 about 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 

manufacturing requirement. 
 July 2015

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What is New?

SRCAA amended its Regulation I, Article VIII, Solid Fuel Burning Device Standards, 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 this 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. Ecology held two public 

hearings in Spokane, both on April 2, 2015. 

Ecology documented the public involvement process in the Response to Comments (Ecology 

publication number15-02-010.) The Response to Comments includes the following 

documentation of public 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

• Affidavit of publication of the Notice for Opportunity for Public Comment

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

• Frequently Asked Questions

• E-mail notifications
 July 2015

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II. Detailed Discussion of Changes

Section 8.01 - Purpose

SRCAA Regulation I, Article VIII, Solid Fuel Burning Device Standards 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 quality standards within Spokane County. The current SIPapproved 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

Standards was in 2014.

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 versus PM10 trigger levels 

and correlation. This plan relies on that analysis.

Section 8.03 - Definitions

Definitions were updated, removed and/or added to clarify the Solid Fuel Burning Device

regulation.

Updated: 

• Authority – Agency is used in place of Authority. Agency represents Spokane Regional 

Clean Air Agency.

• Cook stove – Descriptors added to better define what makes an appliance a cook stove.

• Solid fuel burning device – Updated for clarification.

• Smoke control zone – Language updated for clarification.

• Woodstove – Updated 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

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Removed:

• Adequate source of heat – Definition incorporated into single use of term in Section 8.08 

Exemptions.

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

• Furnace – Definition no longer used in the regulation.

• Reasonable further progress – Spokane County was redesignated to attainment in 2005. 

Reasonable further progress is no longer necessary for attainment purposed for the 

maintenance plan.

• Substantially remodeled – Definition no longer used in the regulation.

Section 8.04 – Emission Performance Standards

The rule revision includes adopting 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 8.07 - Curtailment 

The primary intent of the rule revision is to align the rule’s stated 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 amended 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 Stage 2 Burn Ban.

• Includes a matrix that graphically illustrates 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 Burning 

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 

non-winter season is April through September. The Spokane County data is from the SpokaneAugusta Avenue site, from September 2009 through September 2014. This plot shows 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
 July 2015

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Section 8.08 - 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 Spokane 

Neighborhood Action Partners (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 

structure 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 place 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 reference 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 source of heat, and 

primary heating source temporarily inoperable.

• Eliminate the automatic exemption for solid fuel burning furnaces.

Section 8.09 – Procedure to Geographically Limit 

Solid Fuel Burning Devices

Updated the language in the rule to reflect that 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

Updated rule to meet Washington states stringent 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 procedures, curtailment rules, 

and fuel restrictions for solid fuel burning devices in order to attain the National Ambient Air Quality 

Standards for fine particulate matter (PM10PM2.5) 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, electricity, 

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 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.

CB. Coal stove means an enclosed, coal burning appliance capable of and intended 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 recognized 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 entity.

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 or 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 oven 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. Ecology 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 woodstove certified and labeled by EPA under “40 CFR 60 Subpart AAAStandards of Performance for Residential Wood Heaters”.

GH. 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 requirements, 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 convective 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 Environmental Protection Agency under authority of the federal Clean 

Air Act. EPA set standards for six principal air pollutants, called “criteria” pollutants, under the 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 greater than 

35:1 when 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 RATES FOR WOOD-FIRED APPLIANCES” as amended through 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 standards 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 aerodynamic 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. PM10 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.

JO. Seasoned Wood means wood of any species that has been sufficiently dried so as to contain twenty 

percent or less moisture by weight.

KP. 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 million British thermal units per hour.

LQ. Smoke Control Zone means the Spokane/Spokane Valley Metropolitan area and surrounding 

geographic areas, 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 toeffect 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, 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 restoration of a building exceeding sixty percent of 

the appraised value of such building within a twelve-month period (RCW 70.94.455).

NR. 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 been 

determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457 and WAC 

173-433-100(3).

OT. Wood stove means an enclosed solid fuel burning device capable of and intended for residential 

space hating and domestic water heating that 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 one35:1 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, such 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 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 stove, is considered a wood stove.

SECTION 8.04 - EMISSION PERFORMANCE STANDARDS

The Authority Agency adopts Chaptersection 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 mMethod and pProcedures.

EPA reference method 9 - Visual Determination of Opacity 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 burning
device:

A. Garbage;

B. Treated wood (defined 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 chapter 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 fuel burning device 

is not a certified deviceone 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) aA first stage of impaired air quality is reached 

and curtailment may be declared when the Agency determines that particulates matter ten microns and 

smaller in diameter (PM10) with a nominal aerodynamic diameter of two and one half micrometers and 

smaller (PM2.5), are measured as an ambient mass concentration at any location inside within Spokane

County at an ambient level of seventy five micrograms per cubic meter of air byusing a method which

has been determined, by Ecology or the AuthorityAgency, to have a reliable correlation to the federal

reference method, CFR Title 40 Part 50 Appendix JL, 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 conditionsor 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 County 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 one 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 criteria 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 or

longer and, in the Agency’s judgment, has not reduced the PM2.5 ambient mass concentration, 

measured as a twenty-four hour running average, sufficiently to prevent it from exceeding 

thirty-five micrograms 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 concentration 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 federal reference method, CFR Title 40 Part 50 Appendix L, or equivalent; 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-five 
micrograms per cubic meter of air for a period of twenty-four hours or more from the time that 

it is measured at that concentration.

b. Issuing a Stage 2 Burn Ban Without First Declaring a Stage 1 Burn Ban

A second stage burn ban may be issued without an existing 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 exceeded 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 conditions have caused PM2.5 ambient mass 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 thirty-five 

micrograms per cubic meter of air within twenty-four hours; and

4) Meteorological 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 twenty-four hours.

Issuance of a second 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 Impaired Air Quality Air Pollution 

Type of Device First Stage Burn Ban Second Stage Burn Ban Episode

EPA Certified 

Woodstove

Allowed Prohibited Prohibited

Oregon Certified 

Woodstove

Allowed Prohibited Prohibited

Pellet Stove 

(nonaffected)

Allowed Prohibited Prohibited
Washington 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 declared 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 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 exercised, following the procedure in 

Section 8.09, (Procedure to Geographically Limit 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 impactaffect the PM2.5 mass concentration.

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 episode, 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 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 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 AuthorityAgency, Ecology, Spokane County Health District, 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 time of declaration of curtailment under an episode or a stage of impaired air quality.

SECTION 8.08 - EXEMPTIONS

A. Categories

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 AuthorityAgency. The Authority Agency may issue written exemptions 

to any person whofor residences if any one of the following is demonstrates demonstrated any of the 

following to the satisfaction of the AuthorityAgency:

1. Low Income

An economic need to burn solid fuel for residential space heating purposes by qualifying through 

Spokane Neighborhood Action Partners (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 structureThe 

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 heat; 

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 Fahrenheit at a point 

three feet above the floor in all normally inhabited areas of a dwelling (WAC 173-433-030(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 providing 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 nonfunctional.

A person’s income level is not a determining factor in the approval or denial of an exemption under this 

provision. Exemptions 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

remodeled 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 Source Temporarily 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 bringing his/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 is 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 Section 8.07. 

The temporary approval shall reference the applicable state of emergency, effective date, expiration 

date, and limitations, if any (e.g. specific geographic areas affected).
B. Exemption Duration and Renewals

Written exemptions shall be valid for a period determined by the AuthorityAgency, 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 requirements at the time of exemption 

renewal. For renewals under Section 8.08.A.1, the applicant must demonstrate the low income status is 

met each time application is made. Exemption request may be denied by the Agency, regardless of the 

applicant’s exemption 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 requests may be taken via telephone.

1. Full name; and

2. Mailing address; and

3. Telephone number; and

4. Acknowledgement 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 exemption applies; and

6. Description of the habitable space for which the exemption is being requested; and

7. Acknowledge that s/he has not previously requested such an exemption for the same physical 

address, except as provided below, and that all of the information 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 inhabited areas of a residence, which includes 

areas used for living, sleeping, cooking and eating. Exemptions will not be issued for attached and 

detached garages, shops, and outbuildings. For commercial establishments, exemptions will be limited 

to areas identified in exemption 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. 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,

emissions from solid fuel burning devices are determined by the EPA, in consultation with Ecology and 

the AuthorityAgency, 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 173-433-100, 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 Fuel Burning Devices

NAfter July 1, 1992, no 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 rendered permanently inoperable.

B. Sale or Transfer of Solid Fuel Burning Devices

After July 1, 1992, nNo 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, nNo person shall sell, offer for sale, advertise 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 environmental protection protection agency agency 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)).

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 masonry 

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.