RCW 70A.15.1005
Declaration of public policies and purpose.
It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of this chapter to secure and maintain levels of air quality that protect human health and safety, including the most sensitive members of the population, to comply with the requirements of the federal clean air act, to prevent injury to plant, animal life, and property, to foster the comfort and convenience of Washington's inhabitants, to promote the economic and social development of the state, and to facilitate the enjoyment of the natural attractions of the state.
It is further the intent of this chapter to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.
Because of the extent of the air pollution problem the legislature finds it necessary to return areas with poor air quality to levels adequate to protect health and the environment as expeditiously as possible but no later than December 31, 1995. Further, it is the intent of this chapter to prevent any areas of the state with acceptable air quality from reaching air contaminant levels that are not protective of human health and the environment.
The legislature recognizes that air pollution control projects may affect other environmental media. In selecting air pollution control strategies state and local agencies shall support those strategies that lessen the negative environmental impact of the project on all environmental media, including air, water, and land.
The legislature further recognizes that energy efficiency and energy conservation can help to reduce air pollution and shall therefore be considered when making decisions on air pollution control strategies and projects.
It is the policy of the state that the costs of protecting the air resource and operating state and local air pollution control programs shall be shared as equitably as possible among all sources whose emissions cause air pollution.
It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
To these ends it is the purpose of this chapter to safeguard the public interest through an intensive, progressive, and coordinated statewide program of air pollution prevention and control, to provide for an appropriate distribution of responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, to improve cooperation between state and federal government, public and private organizations, and the concerned individual, as well as to provide for the use of all known, available, and reasonable methods to reduce, prevent, and control air pollution.
The legislature recognizes that the problems and effects of air pollution cross political boundaries, are frequently regional or interjurisdictional in nature, and are dependent upon the existence of human activity in areas having common topography and weather conditions conducive to the buildup of air contaminants. In addition, the legislature recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences. These changes often result in increasingly serious problems for the public and the environment.
The legislature further recognizes that air emissions from thousands of small individual sources are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an increasing proportion of that region's total air emissions. It is declared to be the policy of the state to achieve significant reductions in emissions from those small sources whose aggregate emissions constitute a significant contribution to air pollution in a particular region.
It is the intent of the legislature that air pollution goals be incorporated in the missions and actions of state agencies.
[
1991 c 199 s 102
;
1973 1st ex.s. c 193 s 1
;
1969 ex.s. c 168 s 1
;
1967 c 238 s 1
. Formerly RCW 70.94.011
.]
NOTES:
Finding
—
1991 c 199:
"The legislature finds that ambient air pollution is the most serious environmental threat in Washington state. Air pollution causes significant harm to human health; damages the environment, including trees, crops, and animals; causes deterioration of equipment and materials; contributes to water pollution; and degrades the quality of life.
Over three million residents of Washington state live where air pollution levels are considered unhealthful. Of all toxic chemicals released into the environment more than half enter our breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to offset health, environmental, and material damage caused by air pollution. The legislature considers such air pollution levels, costs, and damages to be unacceptable.
It is the intent of this act that the implementation of programs and regulations to control air pollution shall be the primary responsibility of the department of ecology and local air pollution control authorities." [
1991 c 199 s 101
.]
Alternative fuel and solar powered vehicles
—
1991 c 199:
"The department of ecology shall contract with Western Washington University for the biennium ending June 30, 1993, for research and development of alternative fuel and solar powered vehicles. A report on the progress of such research shall be presented to the standing environmental committees and the department by January 1, 1994." [
1991 c 199 s 230
.]
RCW 70A.15.1010
Air pollution control account
—
Air operating permit account.
(1) The air pollution control account is established in the state treasury. All receipts collected by or on behalf of the department from RCW 70A.15.2200
(2), and receipts from nonpermit program sources under RCW 70A.15.2210
(1) and
70A.15.2230
(7), and all receipts from RCW 70A.15.5090, 70A.15.5120, and
70A.540.120
shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to develop and implement the provisions of this chapter, chapters
70A.25
and
70A.540
RCW, and RCW 70A.60.060
. Moneys collected under RCW 70A.540.120
may only be used to implement chapter
70A.540
RCW.
(2) The amounts collected and allocated in accordance with this section shall be expended upon appropriation except as otherwise provided in this section and in accordance with the following limitations:
Portions of moneys received by the department of ecology from the air pollution control account shall be distributed by the department to local authorities based on:
(a) The level and extent of air quality problems within such authority's jurisdiction;
(b) The costs associated with implementing air pollution regulatory programs by such authority; and
(c) The amount of funding available to such authority from other sources, whether state, federal, or local, that could be used to implement such programs.
(3) The air operating permit account is created in the custody of the state treasurer. All receipts collected by or on behalf of the department from permit program sources under RCW 70A.15.2210
(1), 70A.15.2260, 70A.15.2270, and
70A.15.2230
(7) shall be deposited into the account. Expenditures from the account may be used only for the activities described in RCW 70A.15.2210
(1), 70A.15.2260, 70A.15.2270, and
70A.15.2230
(7). Moneys in the account may be spent only after appropriation.
[
2022 c 179 s 16
;
2021 c 315 s 13
;
2020 c 20 s 1080
;
2019 c 284 s 6
;
1998 c 321 s 33
(Referendum Bill No. 49, approved November 3, 1998);
1993 c 252 s 1
;
1991 c 199 s 228
. Formerly RCW 70.94.015
.]
NOTES:
Finding
—
Intent
—
2019 c 284:
See note following RCW 70A.60.060
.
Purpose
—
Severability
—
1998 c 321:
See notes following RCW 82.14.045
.
Contingent effective dates
—
1998 c 321 ss 23-42:
See note following RCW 35.58.410
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1030
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.
(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property. For the purpose of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter
17.21
RCW.
(3) "Air quality standard" means an established concentration, exposure time, and frequency of occurrence of an air contaminant or multiple contaminants in the ambient air which shall not be exceeded.
(4) "Ambient air" means the surrounding outside air.
(5) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(6) "Best available control technology" (BACT) means an emission limitation based on the maximum degree of reduction for each air pollutant subject to regulation under this chapter emitted from or that results from any new or modified stationary source, that the permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such a source or modification through application of production processes and available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of each such a pollutant. In no event shall application of "best available control technology" result in emissions of any pollutants that will exceed the emissions allowed by any applicable standard under 40 C.F.R. Part 60 and Part 61, as they exist on July 25, 1993, or their later enactments as adopted by reference by the director by rule. Emissions from any source utilizing clean fuels, or any other means, to comply with this subsection shall not be allowed to increase above levels that would have been required under the definition of BACT as it existed prior to enactment of the federal clean air act amendments of 1990.
(7) "Best available retrofit technology" (BART) means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that might reasonably be anticipated to result from the use of the technology.
(8) "Board" means the board of directors of an authority.
(9) "Control officer" means the air pollution control officer of any authority.
(10) "Department" or "ecology" means the department of ecology.
(11) "Emission" means a release of air contaminants into the ambient air.
(12) "Emission standard" and "emission limitation" mean a requirement established under the federal clean air act or this chapter that limits the quantity, rate, or concentration of emissions of air contaminants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice, or operational standard adopted under the federal clean air act or this chapter.
(13) "Fine particulate" means particulates with a diameter of two and one-half microns and smaller.
(14) "Flame cap kiln" means an outdoor container used for the combustion of natural vegetation from silvicultural or agricultural activities that meets the following requirements:
(a) Has a solid or sealed bottom including, but not limited to, mineral soils, so that all air for combustion comes from above;
(b) Is completely open on top with no restrictions;
(c) Is a shallow container where the width is greater than the height; and
(d) Has a volume of 10 cubic meters or less.
(15)(a) "Lowest achievable emission rate" (LAER) means for any source that rate of emissions that reflects:
(i) The most stringent emission limitation that is contained in the implementation plan of any state for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable; or
(ii) The most stringent emission limitation that is achieved in practice by such class or category of source, whichever is more stringent.
(b) In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable new source performance standards.
(16) "Modification" means any physical change in, or change in the method of operation of, a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted. The term modification shall be construed consistent with the definition of modification in Section 7411, Title 42, United States Code, and with rules implementing that section.
(17) "Multicounty authority" means an authority which consists of two or more counties.
(18) "New source" means (a) the construction or modification of a stationary source that increases the amount of any air contaminant emitted by such source or that results in the emission of any air contaminant not previously emitted, and (b) any other project that constitutes a new source under the federal clean air act.
(19) "Permit program source" means a source required to apply for or to maintain an operating permit under RCW 70A.15.2260
.
(20) "Person" means an individual, firm, public or private corporation, association, partnership, political subdivision of the state, municipality, or governmental agency.
(21) "Reasonably available control technology" (RACT) means the lowest emission limit that a particular source or source category is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. RACT is determined on a case-by-case basis for an individual source or source category taking into account the impact of the source upon air quality, the availability of additional controls, the emission reduction to be achieved by additional controls, the impact of additional controls on air quality, and the capital and operating costs of the additional controls. RACT requirements for a source or source category shall be adopted only after notice and opportunity for comment are afforded.
(22) "Silvicultural burning" means burning of wood fiber on forestland or combustion of natural vegetation from silvicultural activities consistent with the provisions of RCW 70A.15.5120
.
(23) "Source" means all of the emissions units including quantifiable fugitive emissions, that are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control, whose activities are ancillary to the production of a single product or functionally related group of products.
(24) "Stationary source" means any building, structure, facility, or installation that emits or may emit any air contaminant.
(25) "Trigger level" means the ambient level of fine particulates, measured in micrograms per cubic meter, that must be detected prior to initiating a first or second stage of impaired air quality under RCW 70A.15.3580
.
[
2024 c 280 s 2
;
2020 c 20 s 1081
;
2005 c 197 s 2
;
1993 c 252 s 2
;
1991 c 199 s 103
;
1987 c 109 s 33
;
1979 c 141 s 119
;
1969 ex.s. c 168 s 2
;
1967 ex.s. c 61 s 1
;
1967 c 238 s 2
;
1957 c 232 s 3
. Formerly RCW 70.94.030
.]
NOTES:
Reviser's note:
The definitions in this section have been alphabetized pursuant to RCW 1.08.015
(2)(k).
Findings
—
2024 c 280:
"The legislature finds that the use of distributed, small-scale portable flame cap kilns for silvicultural and agricultural management of natural vegetation is consistent with the sustainable agriculture goals of the climate commitment act under RCW 70A.65.260, the sustainable farms and fields grant program identified in RCW 89.08.615, the use of fire in controlled burns to eliminate sources of fuel identified in RCW 76.04.167
(3), and the forest restoration goals identified in RCW 70A.65.270
. Therefore, the legislature finds that the use of distributed portable flame cap kilns is a necessary component of an integrated land management strategy that:
(1) Reduces greenhouse gas emissions;
(2) Produces durable biogenic carbon storage, either in situ or for distribution elsewhere; and
(3) Minimizes air quality impacts from open burning." [
2024 c 280 s 1
.]
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.1040
Environmental excellence program agreements
—
Effect on chapter.
Notwithstanding any other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter
43.21K
RCW.
[
1997 c 381 s 21
. Formerly RCW 70.94.033
.]
NOTES:
Purpose
—
1997 c 381:
See RCW 43.21K.005
.
RCW 70A.15.1050
Technical assistance program for regulated community.
The department shall establish a technical assistance unit within its air quality program, consistent with the federal clean air act, to provide the regulated community, especially small businesses with:
(1) Information on air pollution laws, rules, compliance methods, and technologies;
(2) Information on air pollution prevention methods and technologies, and prevention of accidental releases;
(3) Assistance in obtaining permits and developing emission reduction plans;
(4) Information on the health and environmental effects of air pollution.
No representatives of the department designated as part of the technical assistance unit created in this section may have any enforcement authority. Staff of the technical assistance unit who provide on-site consultation at an industrial or commercial facility and who observe violations of air quality rules shall immediately inform the owner or operator of the facility of such violations. On-site consultation visits shall not be regarded as an inspection or investigation and no notices or citations may be issued or civil penalties assessed during such a visit. However, violations shall be reported to the appropriate enforcement agency and the facility owner or operator shall be notified that the violations will be reported. No enforcement action shall be taken by the enforcement agency for violations reported by technical assistance unit staff unless and until the facility owner or operator has been provided reasonable time to correct the violation. Violations that place any person in imminent danger of death or substantial bodily harm or cause physical damage to the property of another in an amount exceeding one thousand dollars may result in immediate enforcement action by the appropriate enforcement agency.
[
1991 c 199 s 308
. Formerly RCW 70.94.035
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1060
Transportation activities
—
"Conformity" determination requirements.
In areas subject to a state implementation plan, no state agency, metropolitan planning organization, or local government shall approve or fund a transportation plan, program, or project within or that affects a nonattainment area unless a determination has been made that the plan, program, or project conforms with the state implementation plan for air quality as required by the federal clean air act.
Conformity determination shall be made by the state or local government or metropolitan planning organization administering or developing the plan, program, or project.
No later than eighteen months after May 15, 1991, the director of the department of ecology and the secretary of transportation, in consultation with other state, regional, and local agencies as appropriate, shall adopt by rule criteria and guidance for demonstrating and assuring conformity of plans, programs, and projects that are wholly or partially federally funded.
A project with a scope that is limited to preservation or maintenance, or both, shall be exempted from a conformity determination requirement.
[
1991 c 199 s 219
. Formerly RCW 70.94.037
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1070
Causing or permitting air pollution unlawful
—
Exception.
Except where specified in a variance permit, as provided in RCW 70A.15.2310, it shall be unlawful for any person to cause air pollution or permit it to be caused in violation of this chapter, or of any ordinance, resolution, rule or regulation validly promulgated hereunder.
[
2020 c 20 s 1082
;
1980 c 175 s 2
;
1967 c 238 s 3
;
1957 c 232 s 4
. Formerly RCW 70.94.040
.]
RCW 70A.15.1080
Exception
—
Burning wood at historic structure.
Except as otherwise provided in this section, any building or structure listed on the national register of historic sites, structures, or buildings established pursuant to 80 Stat. 915, 16 U.S.C. Sec. 470a, or on the state register established pursuant to RCW 27.34.220, shall be permitted to burn wood as it would have when it was a functioning facility as an authorized exception to the provisions of this chapter. Such burning of wood shall not be exempted from the provisions of RCW 70A.15.6000
through
70A.15.6040
.
[
2020 c 20 s 1083
;
1991 c 199 s 506
;
1983 c 3 s 175
;
1977 ex.s. c 38 s 1
. Formerly RCW 70.94.041
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1090
Policy to cooperate with federal government.
It is declared to be the policy of the state of Washington through the department of ecology to cooperate with the federal government in order to insure the coordination of the provisions of the federal and state clean air acts, and the department is authorized and directed to implement and enforce the provisions of this chapter in carrying out this policy as follows:
(1) To accept and administer grants from the federal government for carrying out the provisions of this chapter.
(2) To take all action necessary to secure to the state the benefits of the federal clean air act.
[
1987 c 109 s 49
;
1969 ex.s. c 168 s 45
. Formerly RCW 70.94.510
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.1100
Issuance of enforceable order
—
Overburdened communities.
The department or a local air authority must issue an enforceable order under this chapter, consistent with RCW 70A.65.020
(2) (b) and (c), to all permitted or registered sources operating in overburdened communities when, consistent with RCW 70A.65.020
(2)(a), the department determines that criteria pollutants are not being reduced in an overburdened community and the department or local air authority adopts stricter air quality standards, emissions standards, or emissions limitations on criteria pollutants.
[
2021 c 316 s 35
.]
NOTES:
Short title
—
2021 c 316:
See RCW 70A.65.900
.
RCW 70A.15.1110
Limitations on the use of gas
—
Prohibition.
An authority shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
[
2025 c 1 s 11
(Initiative Measure No. 2066, approved November 5, 2024).]
NOTES:
Findings
—
2025 c 1 (Initiative Measure No. 2066):
See note following RCW 80.28.110
.
RCW 70A.15.1500
Air pollution control authorities created
—
Activated authorities, composition, meetings
—
Delineation of air pollution regions, considerations.
(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An authority shall include all incorporated and unincorporated areas of the county within which it is located.
(2) Except as provided in RCW 70A.15.2580, all authorities which are presently activated authorities shall carry out the duties and exercise the powers provided in this chapter. Those activated authorities which encompass contiguous counties are declared to be and directed to function as a multicounty authority.
(3) All other air pollution control authorities are hereby designated as inactive authorities.
(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such individuals as is provided in RCW 70A.15.2000
.
[
2020 c 20 s 1084
;
1995 c 135 s 5
. Prior:
1991 c 363 s 143
;
1991 c 199 s 701
;
1991 c 125 s 1
; prior:
1987 c 505 s 60
;
1987 c 109 s 34
;
1979 c 141 s 120
;
1967 c 238 s 4
. Formerly RCW 70.94.053
.]
NOTES:
Intent
—
1995 c 135:
See note following RCW 29A.08.760
.
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.1510
Air pollution control authority may be activated by counties, when.
The legislative authority of any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county. If the county legislative authority determines as a result of the public hearing that:
(1) Air pollution exists or is likely to occur; and
(2) The city or town ordinances, or county resolutions, or their enforcement, are inadequate to prevent or control air pollution,
it may by resolution activate an air pollution control authority or combine with a contiguous county or counties to form a multicounty air pollution control authority.
[
1995 c 135 s 6
. Prior:
1991 c 363 s 144
;
1991 c 199 s 702
;
1967 c 238 s 5
. Formerly RCW 70.94.055
.]
NOTES:
Intent
—
1995 c 135:
See note following RCW 29A.08.760
.
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1520
Multicounty authority may be formed by contiguous counties
—
Name.
The boards of county commissioners of two or more contiguous counties may, by joint resolution, combine to form a multicounty air pollution control authority. Boundaries of such authority shall be coextensive with the boundaries of the counties forming the authority.
The name of the multicounty authority shall bear the names of the counties making up such multicounty authority or a name adopted by the board of such multicounty authority.
[
1967 c 238 s 6
. Formerly RCW 70.94.057
.]
RCW 70A.15.1530
Merger of active and inactive authorities to form multicounty or regional authority
—
Procedure.
The respective boards of county commissioners of two or more contiguous counties may merge any combination of their several inactive or activated authorities to form one activated multicounty authority. Upon a determination that the purposes of this chapter will be served by such merger, each board of county commissioners may adopt the resolution providing for such merger. Such resolution shall become effective only when a similar resolution is adopted by the other contiguous county or counties comprising the proposed authority. The boundaries of such authority shall be coextensive with the boundaries of the counties within which it is located.
[
1969 ex.s. c 168 s 3
;
1967 c 238 s 11
. Formerly RCW 70.94.068
.]
RCW 70A.15.1540
Merger of active and inactive authorities to form multicounty or regional authority
—
Reorganization of board of directors
—
Rules and regulations.
Whenever there occurs a merger of an inactive authority with an activated authority or authorities, or of two activated authorities to form a multicounty authority, the board of directors shall be reorganized as provided in RCW 70A.15.2000, 70A.15.2010, and
70A.15.2020
.
In the case of the merger of two or more activated authorities the rules and regulations of each authority shall continue in effect and shall be enforced within the jurisdiction of each until such time as the board of directors adopts rules and regulations applicable to the newly formed multicounty authority.
In the case of the merger of an inactive authority with an activated authority or authorities, upon approval of such merger by the board or boards of county commissioners of the county or counties comprising the existing activated authority or authorities, the rules and regulations of the activated authority or authorities shall remain in effect until superseded by the rules and regulations of the multicounty authority as provided in RCW 70A.15.2540
.
[
2020 c 20 s 1085
;
1969 ex.s. c 168 s 4
;
1967 c 238 s 12
. Formerly RCW 70.94.069
.]
RCW 70A.15.1550
Resolutions activating authorities
—
Contents
—
Filings
—
Effective date of operation.
The resolution or resolutions activating an air pollution authority shall specify the name of the authority and participating political bodies; the authority's principal place of business; the territory included within it; and the effective date upon which such authority shall begin to transact business and exercise its powers. In addition, such resolution or resolutions may specify the amount of money to be contributed annually by each political subdivision, or a method of dividing expenses of the air pollution control program. Upon the adoption of a resolution or resolutions calling for the activation of an authority or the merger of an inactive or activated authority or several activated authorities to form a multicounty authority, the governing body of each shall cause a certified copy of each such ordinance or resolution to be filed in the office of the secretary of state of the state of Washington. From and after the date of filing with the secretary of state a certified copy of each such resolution, or resolutions, or the date specified in such resolution or resolutions, whichever is later, the authority may begin to function and may exercise its powers.
Any authority activated by the provisions of this chapter shall cause a certified copy of all information required by this section to be filed in the office of the secretary of state of the state of Washington.
[
1969 ex.s. c 168 s 5
;
1967 c 238 s 13
;
1957 c 232 s 7
. Formerly RCW 70.94.070
.]
RCW 70A.15.1560
Powers and duties of authorities.
An activated authority shall be deemed a municipal corporation; have right to perpetual succession; adopt and use a seal; may sue and be sued in the name of the authority in all courts and in all proceedings; and, may receive, account for, and disburse funds, employ personnel, and acquire or dispose of any interest in real or personal property within or without the authority in the furtherance of its purposes.
[
1969 ex.s. c 168 s 6
;
1967 c 238 s 14
. Formerly RCW 70.94.081
.]
RCW 70A.15.1570
Cost-reimbursement agreements.
(1) An authority may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the authority in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
(2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states:
(a) The estimated number of weeks for initial review of the permit application;
(b) The estimated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A date for revision of the agreement if necessary.
(3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. Under the provisions of a cost-reimbursement agreement, funds from the applicant or proponent shall be used by the air pollution control authority to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The air pollution control authority may also use funds provided under a cost-reimbursement agreement to hire temporary employees, to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The air pollution control authority shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The air pollution control authority shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
(4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The provisions of chapter
42.52
RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. Members of the air pollution control authority's board of directors shall be considered as state officers, and employees of the air pollution control authority shall be considered as state employees, for the sole purpose of applying the restrictions of chapter
42.52
RCW to this section.
[
2009 c 97 s 12
;
2007 c 94 s 14
;
2003 c 70 s 5
;
2000 c 251 s 6
. Formerly RCW 70.94.085
.]
NOTES:
Intent
—
Captions not law
—
Effective date
—
2000 c 251:
See notes following RCW 43.21A.690
.
RCW 70A.15.1580
Excess tax levy authorized
—
Election, procedure, expense.
An activated authority shall have the power to levy additional taxes in excess of the constitutional and/or statutory tax limitations for any of the authorized purposes of such activated authority, not in excess of twenty-five cents per thousand dollars of assessed value a year when authorized so to do by the electors of such authority by a three-fifths majority of those voting on the proposition at a special election, to be held in the year in which the levy is made, in the manner set forth in Article VII, section 2 (a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended. Nothing herein shall be construed to prevent holding the foregoing special election at the same time as that fixed for a general election. The expense of all special elections held pursuant to this section shall be paid by the authority.
[
1973 1st ex.s. c 195 s 84
;
1969 ex.s. c 168 s 7
;
1967 c 238 s 15
. Formerly RCW 70.94.091
.]
NOTES:
Severability
—
Effective dates and termination dates
—
Construction
—
1973 1st ex.s. c 195:
See notes following RCW 84.52.043
.
RCW 70A.15.1590
Air pollution control authority
—
Fiscal year
—
Adoption of budget
—
Contents.
Notwithstanding the provisions of RCW 1.16.030, the budget year of each activated authority shall be the fiscal year beginning July 1st and ending on the following June 30th. On or before the fourth Monday in June of each year, each activated authority shall adopt a budget for the following fiscal year. The activated authority budget shall contain adequate funding and provide for staff sufficient to carry out the provisions of all applicable ordinances, resolutions, and local regulations related to the reduction, prevention, and control of air pollution. The legislature acknowledges the need for the state to provide reasonable funding to local authorities to carry out the requirements of this chapter. The budget shall contain an estimate of all revenues to be collected during the following budget year, including any surplus funds remaining unexpended from the preceding year. The remaining funds required to meet budget expenditures, if any, shall be designated as "supplemental income" and shall be obtained from the component cities, towns, and counties in the manner provided in this chapter. The affirmative vote of three-fourths of all members of the board shall be required to authorize emergency expenditures.
[
1991 c 199 s 703
;
1975 1st ex.s. c 106 s 1
;
1969 ex.s. c 168 s 8
;
1967 c 238 s 16
. Formerly RCW 70.94.092
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.1600
Methods for determining proportion of supplemental income to be paid by component cities, towns and counties
—
Payment.
(1) Each component city or town shall pay such proportion of the supplemental income to the authority as determined by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other as provided in subsection (1)(c) of this section:
(a) Each component city or town shall pay such proportion of the supplemental income as the assessed valuation of property within its limits bears to the total assessed valuation of taxable property within the activated authority.
(b) Each component city or town shall pay such proportion of the supplemental income as the total population of such city or town bears to the total population of the activated authority. The population of the city or town shall be determined by the most recent census, estimate or survey by the federal bureau of census or any state board or commission authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such combination shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent of the method prescribed in (b) of this subsection.
(2) Each component county shall pay such proportion of such supplemental income to the authority as determined by either one of the following prescribed methods or by a combination of fifty percent of one and fifty percent of the other as prescribed in subsection (2)(c) of this section:
(a) Each component county shall pay such proportion of such supplemental income as the assessed valuation of the property within the unincorporated area of such county lying within the activated authority bears to the total assessed valuation of taxable property within the activated authority.
(b) Each component county shall pay such proportion of the supplemental income as the total population of the unincorporated area of such county bears to the total population of the activated authority. The population of the county shall be determined by the most recent census, estimate or survey by the federal bureau of census or any state board or commission authorized to make such a census, estimate or survey.
(c) A combination of the methods prescribed in (a) and (b) of this subsection: PROVIDED, That such combination shall be of fifty percent of the method prescribed in (a) of this subsection and fifty percent of the method prescribed in (b) of this subsection.
(3) In making such determination of the assessed valuation of property in the component cities, towns and counties, the board shall use the last available assessed valuations. The board shall certify to each component city, town and county, prior to the fourth Monday in June of each year, the share of the supplemental income to be paid by such component city, town or county for the next calendar year. The latter shall then include such amount in its budget for the ensuing calendar year, and during such year shall pay to the activated authority, in equal quarterly installments, the amount of its supplemental share.
[
1969 ex.s. c 168 s 9
;
1967 c 238 s 17
. Formerly RCW 70.94.093
.]
RCW 70A.15.1610
Designation of authority treasurer and auditor
—
Duties.
The treasurer of each component city, town, or county shall create a separate fund into which shall be paid all money collected from taxes or from any other available sources, levied by or obtained for the activated authority on property or on any other available sources in such city, town, or county .  The collected money shall be forwarded quarterly by the treasurer of each such city, town, or county to the treasurer of the county designated by the board as the treasurer for the authority. The treasurer of the county designated to serve as treasurer of the authority shall establish and maintain funds as authorized by the board.
Money shall be disbursed from funds collected under this section upon warrants drawn by either the authority or the auditor of the county designated by the board as the auditor for the authority, as authorized by the board.
If an authority chooses to use a county auditor for the disbursement of funds, the respective county shall be reimbursed by the board for services rendered by the auditor of the respective county in connection with the disbursement of funds under this section.
[
2007 c 164 s 1
;
1969 ex.s. c 168 s 10
;
1967 c 238 s 18
. Formerly RCW 70.94.094
.]
RCW 70A.15.1620
Assessed valuation of taxable property, certification by county assessors.
It shall be the duty of the assessor of each component county to certify annually to the board the aggregate assessed valuation of all taxable property in all incorporated and unincorporated areas situated in any activated authority as the same appears from the last assessment roll of his or her county.
[
2012 c 117 s 405
;
1969 ex.s. c 168 s 11
;
1967 c 238 s 19
. Formerly RCW 70.94.095
.]
RCW 70A.15.1630
Authorization to borrow money.
An activated authority shall have the power when authorized by a majority of all members of the board to borrow money from any component city, town or county and such cities, towns and counties are hereby authorized to make such loans or advances on such terms as may be mutually agreed upon by the board and the legislative bodies of any such component city, town or county to provide funds to carry out the purposes of the activated authority.
[
1969 ex.s. c 168 s 12
;
1967 c 238 s 20
. Formerly RCW 70.94.096
.]
RCW 70A.15.1640
Special air pollution studies
—
Contracts for conduct of.
In addition to paying its share of the supplemental income of the activated authority, each component city, town, or county shall have the power to contract with such authority and expend funds for the conduct of special studies, investigations, plans, research, advice, or consultation relating to air pollution and its causes, effects, prevention, abatement, and control as such may affect any area within the boundaries of the component city, town, or county, and which could not be performed by the authority with funds otherwise available to it. Any component city, town or county which contracts for the conduct of such special air pollution studies, investigations, plans, research, advice or consultation with any entity other than the activated authority shall require that such an entity consult with the activated authority.
[
1975 1st ex.s. c 106 s 2
. Formerly RCW 70.94.097
.]
RCW 70A.15.2000
Air pollution control authority
—
Board of directors
—
Composition
—
Term.
(1) The governing body of each authority shall be known as the board of directors.
(2)(a) In the case of an authority comprised of one county, with a population of less than four hundred thousand people, the board shall be comprised of two appointees of the city selection committee, at least one of whom shall represent the city having the most population in the county, and two representatives to be designated by the board of county commissioners.
(b) In the case of an authority comprised of one county, with a population of equal to or greater than four hundred thousand people, the board shall be comprised of three appointees of cities, one each from the two cities with the most population in the county and one appointee of the city selection committee representing the other cities, and one representative to be designated by the board of county commissioners.
(c) In the case of an authority comprised of two, three, four, or five counties, the board shall be comprised of one appointee from each county, who shall represent the city having the most population in such county, to be designated by the mayor and city council of such city, and one representative from each county to be designated by the board of county commissioners of each county making up the authority.
(d) In the case of an authority comprised of six or more counties, the board shall be comprised of one representative from each county to be designated by the board of county commissioners of each county making up the authority, and three appointees, one each from the three largest cities within the local authority's jurisdiction to be appointed by the mayor and city council of such city.
(3) If the board of an authority otherwise would consist of an even number, the members selected as above provided shall agree upon and elect an additional member who shall be:
(a) In the case of an authority comprised of one county with a population of equal to or greater than four hundred thousand people, a citizen residing in the county who demonstrates significant professional experience in the field of public health, air quality protection, or meteorology; or
(b) In the case of an authority comprised of one county, with a population less than four hundred thousand people, or of more than one county, either a member of the governing body of one of the towns, cities or counties comprising the authority, or a private citizen residing in the authority.
(4) The terms of office of board members shall be four years.
(5) If an appointee is unable to complete his or her term as a board member, the vacancy for that office must be filled by the same method as the original appointment, except for the appointment by the city selection committee, which must use the method in RCW 70A.15.2020
(1) for replacements. The person appointed as a replacement will serve the remainder of the term for that office.
(6) Wherever a member of a board has a potential conflict of interest in an action before the board, the member shall declare to the board the nature of the potential conflict prior to participating in the action review. The board shall, if the potential conflict of interest, in the judgment of a majority of the board, may prevent the member from a fair and objective review of the case, remove the member from participation in the action.
[
2020 c 20 s 1086
;
2009 c 254 s 1
;
2006 c 227 s 1
;
1991 c 199 s 704
;
1989 c 150 s 1
;
1969 ex.s. c 168 s 13
;
1967 c 238 s 21
;
1957 c 232 s 10
. Formerly RCW 70.94.100
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2010
City selection committees.
There shall be a separate and distinct city selection committee for each county making up an authority. The membership of such committee shall consist of the mayor of each incorporated city and town within such county, except that the mayors of the cities, with the most population in a county, having already designated appointees to the board of an air pollution control authority comprised of a single county shall not be members of the committee. A majority of the members of each city selection committee shall constitute a quorum.
[
2006 c 227 s 2
;
1967 c 238 s 22
;
1963 c 27 s 1
;
1957 c 232 s 11
. Formerly RCW 70.94.110
.]
RCW 70A.15.2020
City selection committees
—
Meetings, notice, recording officer
—
Alternative mail balloting
—
Notice.
(1) The city selection committee of each county which is included within an authority shall meet within one month after the activation of such authority for the purpose of making its initial appointments to the board of such authority and thereafter whenever necessary for the purpose of making succeeding appointments. All meetings shall be held upon at least two weeks written notice to each member of the city selection committee of each county and he or she shall give such notice upon request of any member of such committee. A similar notice shall be given to the general public by a publication of such notice in a newspaper of general circulation in such authority. The authority shall act as recording officer, maintain its records, and give appropriate notice of its proceedings and actions.
(2) As an alternative to meeting in accordance with subsection (1) of this section, the authority may administer the appointment process through the mail.
(a) At least four months prior to the expiration of the term of office, the authority must mail a request to each of the members of the city selection committee seeking nominations to the office. The members of the selection committee shall return the nomination to the authority at its official address within fourteen days.
(b) If an unexpected vacancy occurs, the authority must, within thirty days after becoming aware of the vacancy, mail a request to each of the members of the city selection committee seeking nominations to the office. The members of the city selection committee shall return the nomination to the authority at its official address within fourteen days after the request was made.
(c) Within five business days of the close of the nomination period, the authority will mail ballots by certified mail to each of the members of the city selection committee, specifying the date by which to return the completed ballot which is the last day of the third month prior to the expiration of the term of office. Each mayor who chooses to participate in the balloting shall mark the choice for appointment, sign the ballot, and return the ballot to the authority. Each completed ballot shall be date-stamped upon receipt by the mayor or staff of the mayor of the city or town. The timely return of completed ballots by a majority of the members of each city selection committee constitutes a quorum and the common choice by a majority of the quorum constitutes a valid appointment.
(3) At least two weeks' written notice must be given by the authority to each member of the city selection committee prior to the nomination process. A similar notice shall be given to the general public by publication in a newspaper of general circulation in the authority. A single notice is sufficient for both the nomination process and the balloting process.
[
2017 c 37 s 6
;
2012 c 117 s 406
;
2009 c 254 s 2
;
1995 c 261 s 2
;
1969 ex.s. c 168 s 14
;
1967 c 238 s 23
;
1957 c 232 s 12
. Formerly RCW 70.94.120
.]
RCW 70A.15.2030
Air pollution control authority
—
Board of directors
—
Powers, quorum, officers, compensation.
The board shall exercise all powers of the authority except as otherwise provided. The board shall conduct its first meeting within thirty days after all of its members have been appointed or designated as provided in RCW 70A.15.2000
. The board shall meet at least ten times per year. All meetings shall be publicly announced prior to their occurrence. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business and shall be necessary for any action taken by the board. The board shall elect from its members a chair and such other officers as may be necessary. Any member of the board may designate a regular alternate to serve on the board in his or her place with the same authority as the member when he or she is unable to attend. In no event may a regular alternate serve as the permanent chair. Each member of the board, or his or her representative, shall receive from the authority compensation consistent with such authority's rates (but not to exceed one thousand dollars per year) for time spent in the performance of duties under this chapter, plus the actual and necessary expenses incurred by the member in such performance. The board may appoint a control officer, and any other personnel, and shall determine their salaries, and pay same, together with any other proper indebtedness, from authority funds.
[
2020 c 20 s 1087
;
1998 c 342 s 1
;
1991 c 199 s 705
;
1969 ex.s. c 168 s 15
;
1967 c 238 s 24
;
1957 c 232 s 13
. Formerly RCW 70.94.130
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2040
Air pollution control authority
—
Powers and duties of activated authority.
The board of any activated authority in addition to any other powers vested in them by law, shall have power to:
(1) Adopt, amend and repeal its own rules and regulations, implementing this chapter and consistent with it, after consideration at a public hearing held in accordance with chapter
42.30
RCW. Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325
that are not in conflict with chapter
42.30
RCW, and with the procedures of RCW 34.05.340, *
34.05.355
through
34.05.380, and with chapter
34.08
RCW, except that rules shall not be published in the Washington Administrative Code. Judicial review of rules adopted by an authority shall be in accordance with Part V of chapter
34.05
RCW. An air pollution control authority shall not be deemed to be a state agency.
(2) Hold hearings relating to any aspect of or matter in the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths and take the testimony of any person under oath.
(3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in chapter 62, Laws of 1970 ex. sess.
(4) Require access to records, books, files and other information specific to the control, recovery or release of air contaminants into the atmosphere.
(5) Secure necessary scientific, technical, administrative and operational services, including laboratory facilities, by contract or otherwise.
(6) Prepare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution within its jurisdiction.
(7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.
(8) Encourage and conduct studies, investigation and research relating to air pollution and its causes, effects, prevention, abatement and control.
(9) Collect and disseminate information and conduct educational and training programs relating to air pollution.
(10) Advise, consult, cooperate and contract with agencies and departments and the educational institutions of the state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States government, and with interested persons or groups.
(11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problems which may be related to the source, device or system. Nothing in any such consultation shall be construed to relieve any person from compliance with this chapter, ordinances, resolutions, rules and regulations in force pursuant thereto, or any other provision of law.
(12) Accept, receive, disburse and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter.
[
1991 c 199 s 706
;
1970 ex.s. c 62 s 56
;
1969 ex.s. c 168 s 16
;
1967 c 238 s 25
. Formerly RCW 70.94.141
.]
NOTES:
*Reviser's note:
RCW 34.05.355
was repealed by
1995 c 403 s 305
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Savings
—
Effective date
—
Severability
—
1970 ex.s. c 62:
See notes following RCW 43.21A.010
.
RCW 70A.15.2050
Subpoena powers
—
Witnesses, expenses and mileage
—
Rules and regulations.
In connection with the subpoena powers given in RCW 70A.15.2040
(2):
(1) In any hearing held under RCW 70A.15.2310
and
70A.15.2530, the board or the department, and their authorized agents:
(a) Shall issue a subpoena upon the request of any party and, to the extent required by rule or regulation, upon a statement or showing of general relevance and reasonable scope of the evidence sought;
(b) May issue a subpoena upon their own motion.
(2) The subpoena powers given in RCW 70A.15.2040
(2) shall be statewide in effect.
(3) Witnesses appearing under the compulsion of a subpoena in a hearing before the board or the department shall be paid the same fees and mileage that are provided for witnesses in the courts of this state. Such fees and mileage, and the cost of duplicating records required to be produced by subpoena issued upon the motion of the board or department, shall be paid by the board or department. Such fees and mileage, and the cost of producing records required to be produced by subpoena issued upon the request of a party, shall be paid by that party.
(4) If an individual fails to obey the subpoena, or obeys the subpoena but refuses to testify when required concerning any matter under examination or investigation or the subject of the hearing, the board or department shall file its written report thereof and proof of service of its subpoena, in any court of competent jurisdiction in the county where the examination, hearing, or investigation is being conducted. Thereupon, the court shall forthwith cause the individual to be brought before it and, upon being satisfied that the subpoena is within the jurisdiction of the board or department and otherwise in accordance with law, shall punish him or her as if the failure or refusal related to a subpoena from or testimony in that court.
(5) The department may make such rules and regulations as to the issuance of its own subpoenas as are not inconsistent with the provisions of this chapter.
[
2020 c 20 s 1088
;
2012 c 117 s 407
;
1987 c 109 s 35
;
1969 ex.s. c 168 s 17
;
1967 c 238 s 26
. Formerly RCW 70.94.142
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.2060
Federal aid.
Any authority exercising the powers and duties prescribed in this chapter may make application for, receive, administer, and expend any federal aid, under federal legislation from any agency of the federal government, for the prevention and control of air pollution or the development and administration of programs related to air pollution control and prevention, as permitted by RCW 70A.15.2040
(12): PROVIDED, That any such application shall be submitted to and approved by the department. The department shall adopt rules and regulations establishing standards for such approval and shall approve any such application, if it is consistent with this chapter, and any other applicable requirements of law.
[
2020 c 20 s 1089
;
1987 c 109 s 36
;
1969 ex.s. c 168 s 18
;
1967 c 238 s 27
. Formerly RCW 70.94.143
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.2200
Classification of air contaminant sources
—
Registration
—
Fee
—
Registration program defined
—
Adoption of rules requiring persons to report emissions of greenhouse gases.
(1) The board of any activated authority or the department, may classify air contaminant sources, by ordinance, resolution, rule or regulation, which in its judgment may cause or contribute to air pollution, according to levels and types of emissions and other characteristics which cause or contribute to air pollution, and may require registration or reporting or both for any such class or classes. Classifications made pursuant to this section may be for application to the area of jurisdiction of such authority, or the state as a whole or to any designated area within the jurisdiction, and shall be made with special reference to effects on health, economic and social factors, and physical effects on property.
(2) Except as provided in subsection (3) of this section, any person operating or responsible for the operation of air contaminant sources of any class for which the ordinances, resolutions, rules or regulations of the department or board of the authority, require registration or reporting shall register therewith and make reports containing information as may be required by such department or board concerning location, size and height of contaminant outlets, processes employed, nature of the contaminant emission and such other information as is relevant to air pollution and available or reasonably capable of being assembled. In the case of emissions of greenhouse gases as defined in RCW 70A.45.010
the department shall adopt rules requiring reporting of those emissions. The department or board may require that such registration or reporting be accompanied by a fee, and may determine the amount of such fee for such class or classes: PROVIDED, That the amount of the fee shall only be to compensate for the costs of administering such registration or reporting program which shall be defined as initial registration and annual or other periodic reports from the source owner providing information directly related to air pollution registration, on-site inspections necessary to verify compliance with registration requirements, data storage and retrieval systems necessary for support of the registration program, emission inventory reports and emission reduction credits computed from information provided by sources pursuant to registration program requirements, staff review, including engineering or other reliable analysis for accuracy and currentness, of information provided by sources pursuant to registration program requirements, clerical and other office support provided in direct furtherance of the registration program, and administrative support provided in directly carrying out the registration program: PROVIDED FURTHER, That any such registration made with either the board or the department shall preclude a further registration and reporting with any other board or the department, except that emissions of greenhouse gases as defined in RCW 70A.45.010
must be reported as required under subsection (5) of this section.
All registration program and reporting fees collected by the department shall be deposited in the air pollution control account. All registration program fees collected by the local air authorities shall be deposited in their respective treasuries.
(3) If a registration or report has been filed for a grain warehouse or grain elevator as required under this section, registration, reporting, or a registration program fee shall not, after January 1, 1997, again be required under this section for the warehouse or elevator unless the capacity of the warehouse or elevator as listed as part of the license issued for the facility has been increased since the date the registration or reporting was last made. If the capacity of the warehouse or elevator listed as part of the license is increased, any registration or reporting required for the warehouse or elevator under this section must be made by the date the warehouse or elevator receives grain from the first harvest season that occurs after the increase in its capacity is listed in the license.
This subsection does not apply to a grain warehouse or grain elevator if the warehouse or elevator handles more than 10,000,000 bushels of grain annually.
(4) For the purposes of subsection (3) of this section:
(a) A "grain warehouse" or "grain elevator" is an establishment classified in standard industrial classification (SIC) code 5153 for wholesale trade for which a license is required and includes, but is not limited to, such a licensed facility that also conducts cleaning operations for grain;
(b) A "license" is a license issued by the department of agriculture licensing a facility as a grain warehouse or grain elevator under chapter
22.09
RCW or a license issued by the federal government licensing a facility as a grain warehouse or grain elevator for purposes similar to those of licensure for the facility under chapter
22.09
RCW; and
(c) "Grain" means a grain or a pulse.
(5)(a) The department shall adopt rules requiring persons to report emissions of greenhouse gases as defined in RCW 70A.45.010
where those emissions from a single facility, or from fossil fuels sold in Washington by a single supplier or local distribution company, meet or exceed 10,000 metric tons of carbon dioxide equivalent annually. The department's rules may also require electric power entities to report emissions of greenhouse gases from all electricity that is purchased, sold, imported, exported, or exchanged in Washington. To the extent practicable, the department's rules must seek to minimize reporting burdens through the utilization of existing reports and disclosures for electric power entities who report greenhouse gas emissions that equal 10,000 metric tons of carbon dioxide equivalent or less annually from all electricity that is purchased, sold, imported, exported, or exchanged in Washington. The rules adopted by the department must support implementation of the program created in RCW 70A.65.060
. In addition, the rules must require that:
(i) Emissions of greenhouse gases resulting from the combustion of fossil fuels be reported separately from emissions of greenhouse gases resulting from the combustion of biomass; and
(ii)(A) Except as provided in (a)(ii)(B) of this subsection, each annual report must include emissions data for the preceding calendar year and must be submitted to the department by March 31st of the year in which the report is due, except for an electric power entity, which must submit its report by June 1st of the year in which the report is due;
(B) To ensure that the program created in chapter
70A.65
RCW remains implementable and capable of fulfilling a linkage agreement under RCW 70A.65.210, if the department determines that timely reporting under this section is infeasible due to actions attributable to a third party upon whom the agency relies to collect emissions data from entities required to report including, but not limited to, the United States environmental protection agency, the department may, by rule, including emergency rule, require any greenhouse gas emissions reports for emissions in any combination of the years 2024 through 2030 to be submitted at an alternate date of no later than June 1, 2031.
(b)(i) The department may by rule include additional gases to the definition of "greenhouse gas" in RCW 70A.45.010
only if the gas has been designated as a greenhouse gas by the United States congress, by the United States environmental protection agency, or included in external greenhouse gas emission trading programs with which Washington has linked pursuant to RCW 70A.65.210
. Prior to including additional gases to the definition of "greenhouse gas" in RCW 70A.45.010, the department shall notify the appropriate committees of the legislature.
(ii) The department may by rule exempt persons who are required to report greenhouse gas emissions to the United States environmental protection agency and who emit less than 10,000 metric tons carbon dioxide equivalent annually.
(iii) The department must establish greenhouse gas emission reporting methodologies for persons who are required to report under this section. The department's reporting methodologies must be designed to address the needs of ensuring accuracy of reported emissions and maintaining consistency over time, and may, to the extent practicable, be similar to reporting methodologies of jurisdictions with which Washington has entered into a linkage agreement.
(iv) The department must establish a methodology for persons who are not required to report under this section to voluntarily report their greenhouse gas emissions.
(c) The department shall share any reporting information reported to it with the local air authority in which the person reporting under the rules adopted by the department operates.
(d) The fee provisions in subsection (2) of this section apply to reporting of emissions of greenhouse gases. Persons required to report under (a) of this subsection who fail to report or pay the fee required in subsection (2) of this section are subject to enforcement penalties under this chapter. The department shall enforce the reporting rule requirements. When a person that holds a compliance obligation under RCW 70A.65.080
fails to submit an emissions data report or fails to obtain a positive emissions data verification statement in accordance with (f)(ii) of this subsection, the department may assign an emissions level for that person.
(e) The energy facility site evaluation council shall, simultaneously with the department, adopt rules that impose greenhouse gas reporting requirements in site certifications on owners or operators of a facility permitted by the energy facility site evaluation council. The greenhouse gas reporting requirements imposed by the energy facility site evaluation council must be the same as the greenhouse gas reporting requirements imposed by the department. The department shall share any information reported to it from facilities permitted by the energy facility site evaluation council with the council, including notice of a facility that has failed to report as required. The energy facility site evaluation council shall contract with the department to monitor the reporting requirements adopted under this section.
(f)(i) The department must establish by rule the methods of verifying the accuracy of emissions reports.
(ii) Verification requirements apply at a minimum to persons required to report under (a) of this subsection with emissions that equal or exceed 25,000 metric tons of carbon dioxide equivalent emissions, including carbon dioxide from biomass-derived fuels, or to persons who have a compliance obligation under RCW 70A.65.080
in any year of the current compliance period. The department may adopt rules to accept verification reports from another jurisdiction with a linkage agreement pursuant to RCW 70A.65.180
in cases where the department deems that the methods or procedures are substantively similar.
(g)(i) The definitions in RCW 70A.45.010
apply throughout this subsection (5) unless the context clearly requires otherwise.
(ii) For the purpose of this subsection (5), the term "supplier" includes: (A) Suppliers that produce, import, or deliver, or any combination of producing, importing, or delivering, a quantity of fuel products in Washington that, if completely combusted, oxidized, or used in other processes, would result in the release of greenhouse gases in Washington equivalent to or higher than the threshold established under (a) of this subsection; and (B) suppliers of carbon dioxide that produce, import, or deliver a quantity of carbon dioxide in Washington that, if released, would result in emissions equivalent to or higher than the threshold established under (a) of this subsection.
(iii) For the purpose of this subsection (5), the term "person" includes: (A) An owner or operator of a facility; (B) a supplier; or (C) an electric power entity.
(iv) For the purpose of this subsection (5), the term "facility" includes facilities that directly emit greenhouse gases in Washington equivalent to the threshold established under (a) of this subsection with at least one source category listed in the United States environmental protection agency's mandatory greenhouse gas reporting regulation, 40 C.F.R. Part 98 Subparts C through II and RR through UU, as adopted on April 25, 2011.
(v) For the purpose of this subsection (5), the term "electric power entity" includes any of the following that supply electric power in Washington with associated emissions of greenhouse gases equal to or above the threshold established under (a) of this subsection: (A) Electricity importers and exporters; (B) retail providers, including multijurisdictional retail providers; and (C) first jurisdictional deliverers, as defined in RCW 70A.65.010, not otherwise included here.
[
2025 c 320 s 3
;
2024 c 352 s 12
;
2022 c 181 s 9
;
2021 c 316 s 33
;
2020 c 20 s 1090
;
2010 c 146 s 2
;
2008 c 14 s 5
;
2005 c 138 s 1
;
1997 c 410 s 1
;
1993 c 252 s 3
;
1987 c 109 s 37
;
1984 c 88 s 2
;
1969 ex.s. c 168 s 19
;
1967 c 238 s 28
. Formerly RCW 70.94.151
.]
NOTES:
Contingent effective date
—
2024 c 352:
See note following RCW 70A.65.010
.
Short title
—
2021 c 316:
See RCW 70A.65.900
.
Findings
—
Intent
—
Scope of chapter 14, Laws of 2008
—
2008 c 14:
See RCW 70A.45.005
and
70A.45.900
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.2210
Notice may be required of construction of proposed new contaminant source
—
Submission of plans
—
Approval, disapproval
—
Emission control
—
"De minimis new sources" defined.
(1) The department of ecology or board of any authority may require notice of the establishment of any proposed new sources except single-family and duplex dwellings or de minimis new sources as defined in rules adopted under subsection (11) of this section. The department of ecology or board may require such notice to be accompanied by a fee and determine the amount of such fee: PROVIDED, That the amount of the fee may not exceed the cost of reviewing the plans, specifications, and other information and administering such notice: PROVIDED FURTHER, That any such notice given or notice of construction application submitted to either the board or to the department of ecology shall preclude a further submittal of a duplicate application to any board or to the department of ecology.
(2) The department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven process for determination and review of the fee covering the direct and indirect costs of processing a notice of construction application and a methodology for tracking revenues and expenditures. All new source fees collected by the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All new source fees collected by the department from sources shall be deposited in the air pollution control account.
(3) Within thirty days of receipt of a notice of construction application, the department of ecology or board may require, as a condition precedent to the establishment of the new source or sources covered thereby, the submission of plans, specifications, and such other information as it deems necessary to determine whether the proposed new source will be in accord with applicable rules and regulations in force under this chapter. If on the basis of plans, specifications, or other information required under this section the department of ecology or board determines that the proposed new source will not be in accord with this chapter or the applicable ordinances, resolutions, rules, and regulations adopted under this chapter, it shall issue an order denying permission to establish the new source. If on the basis of plans, specifications, or other information required under this section, the department of ecology or board determines that the proposed new source will be in accord with this chapter, and the applicable rules and regulations adopted under this chapter, it shall issue an order of approval for the establishment of the new source or sources, which order may provide such conditions as are reasonably necessary to assure the maintenance of compliance with this chapter and the applicable rules and regulations adopted under this chapter. Every order of approval under this chapter must be reviewed prior to issuance by a professional engineer or staff under the supervision of a professional engineer in the employ of the department of ecology or board.
(4) The determination required under subsection (3) of this section shall include a determination of whether the operation of the new air contaminant source at the location proposed will cause any ambient air quality standard to be exceeded.
(5) New source review of a modification shall be limited to the emission unit or units proposed to be modified and the air contaminants whose emissions would increase as a result of the modification.
(6) Nothing in this section shall be construed to authorize the department of ecology or board to require the use of emission control equipment or other equipment, machinery, or devices of any particular type, from any particular supplier, or produced by any particular manufacturer.
(7) Any features, machines, and devices constituting parts of or called for by plans, specifications, or other information submitted pursuant to subsection (1) or (3) of this section shall be maintained and operate in good working order.
(8) The absence of an ordinance, resolution, rule, or regulation, or the failure to issue an order pursuant to this section shall not relieve any person from his or her obligation to comply with applicable emission control requirements or with any other provision of law.
(9) Within thirty days of receipt of a notice of construction application the department of ecology or board shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within sixty days of receipt of a complete application the department or board shall either (a) issue a final decision on the application, or (b) for those projects subject to public notice, initiate notice and comment on a proposed decision, followed as promptly as possible by a final decision. A person seeking approval to construct or modify a source that requires an operating permit may elect to integrate review of the operating permit application or amendment required by RCW 70A.15.2260
and the notice of construction application required by this section. A notice of construction application designated for integrated review shall be processed in accordance with operating permit program procedures and deadlines.
(10) A notice of construction approval required under subsection (3) of this section shall include a determination that the new source will achieve best available control technology. If more stringent controls are required under federal law, the notice of construction shall include a determination that the new source will achieve the more stringent federal requirements. Nothing in this subsection is intended to diminish other state authorities under this chapter.
(11) No person is required to submit a notice of construction or receive approval for a new source that is deemed by the department of ecology or board to have de minimis impact on air quality. The department of ecology shall adopt and periodically update rules identifying categories of de minimis new sources. The department of ecology may identify de minimis new sources by category, size, or emission thresholds.
(12) For purposes of this section, "de minimis new sources" means new sources with trivial levels of emissions that do not pose a threat to human health or the environment.
[
2020 c 20 s 1091
. Prior:
1996 c 67 s 1
;
1996 c 29 s 1
;
1993 c 252 s 4
;
1991 c 199 s 302
;
1973 1st ex.s. c 193 s 2
;
1969 ex.s. c 168 s 20
;
1967 c 238 s 29
. Formerly RCW 70.94.152
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Use of emission credits to be consistent with new source review program: RCW 70A.15.6230
.
RCW 70A.15.2220
Existing stationary source
—
Replacement or substantial alteration of emission control technology.
Any person proposing to replace or substantially alter the emission control technology installed on an existing stationary source emission unit shall file a notice of construction application with the jurisdictional permitting authority. For projects not otherwise reviewable under RCW 70A.15.2210, the permitting authority may (1) require that the owner or operator employ reasonably available control technology for the affected emission unit and (2) may prescribe reasonable operation and maintenance conditions for the control equipment. Within thirty days of receipt of an application for notice of construction under this section the permitting authority shall either notify the applicant in writing that the application is complete or notify the applicant in writing of all additional information necessary to complete the application. Within thirty days of receipt of a complete application the permitting authority shall either issue an order of approval or a proposed RACT determination for the proposed project. Construction shall not commence on a project subject to review under this section until the permitting authority issues a final order of approval. However, any notice of construction application filed under this section shall be deemed to be approved without conditions if the permitting authority takes no action within thirty days of receipt of a complete application for a notice of construction.
[
2020 c 20 s 1092
;
1991 c 199 s 303
. Formerly RCW 70.94.153
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2230
RACT requirements.
(1) RACT as defined in RCW 70A.15.1030
is required for existing sources except as otherwise provided in RCW 70A.15.3000
(9).
(2) RACT for each source category containing three or more sources shall be determined by rule except as provided in subsection (3) of this section.
(3) Source-specific RACT determinations may be performed under any of the following circumstances:
(a) As authorized by RCW 70A.15.2220
;
(b) When required by the federal clean air act;
(c) For sources in source categories containing fewer than three sources;
(d) When an air quality problem, for which the source is a contributor, justifies a source-specific RACT determination prior to development of a categorical RACT rule; or
(e) When a source-specific RACT determination is needed to address either specific air quality problems for which the source is a significant contributor or source-specific economic concerns.
(4) By January 1, 1994, ecology shall develop a list of sources and source categories requiring RACT review and a schedule for conducting that review. Ecology shall review the list and schedule within six months of receiving the initial operating permit applications and at least once every five years thereafter. In developing the list to determine the schedule of RACT review, ecology shall consider emission reductions achievable through the use of new available technologies and the impacts of those incremental reductions on air quality, the remaining useful life of previously installed control equipment, the impact of the source or source category on air quality, the number of years since the last BACT, RACT, or LAER determination for that source and other relevant factors. Prior to finalizing the list and schedule, ecology shall consult with local air authorities, the regulated community, environmental groups, and other interested individuals and organizations. The department and local authorities shall revise RACT requirements, as needed, based on the review conducted under this subsection.
(5) In determining RACT, ecology and local authorities shall utilize the factors set forth in RCW 70A.15.1030
and shall consider RACT determinations and guidance made by the federal environmental protection agency, other states and local authorities for similar sources, and other relevant factors. In establishing or revising RACT requirements, ecology and local authorities shall address, where practicable, all air contaminants deemed to be of concern for that source or source category.
(6) Emission standards and other requirements contained in rules or regulatory orders in effect at the time of operating permit issuance or renewal shall be considered RACT for purposes of permit issuance or renewal. RACT determinations under subsections (2) and (3) of this section shall be incorporated into operating permits as provided in RCW 70A.15.2260
and rules implementing that section.
(7) The department and local air authorities are authorized to assess and collect a fee to cover the costs of developing, establishing, or reviewing categorical or case-by-case RACT requirements. The fee shall apply to determinations of RACT requirements as defined under this section and RCW 70A.15.3000
(9). The amount of the fee may not exceed the direct and indirect costs of establishing the requirement for the particular source or the pro rata portion of the direct and indirect costs of establishing the requirement for the relevant source category. The department shall, after opportunity for public review and comment, adopt rules that establish a workload-driven process for determination and review of the fee covering the direct and indirect costs of its RACT determinations and a methodology for tracking revenues and expenditures. All such RACT determination fees collected by the delegated local air authorities from sources shall be deposited in the dedicated accounts of their respective treasuries. All such RACT fees collected by the department from sources shall be deposited in the air pollution control account.
[
2020 c 20 s 1093
;
1996 c 29 s 2
;
1993 c 252 s 8
. Formerly RCW 70.94.154
.]
RCW 70A.15.2240
Control of emissions
—
Bubble concept
—
Schedules of compliance.
(1) As used in subsection (3) of this section, the term "bubble" means an air pollution control system which permits aggregate measurements of allowable emissions, for a single category of pollutant, for emissions points from a specified emissions-generating facility or facilities. Individual point source emissions levels from such specified facility or facilities may be modified provided that the aggregate limit for the specified sources is not exceeded.
(2) Whenever any regulation relating to emission standards or other requirements for the control of emissions is adopted which provides for compliance with such standards or requirements no later than a specified time after the date of adoption of the regulation, the appropriate activated air pollution control authority or, if there be none, the department of ecology shall, by permit or regulatory order, issue to air contaminant sources subject to the standards or requirements, schedules of compliance setting forth timetables for the achievement of compliance as expeditiously as practicable, but in no case later than the time specified in the regulation. Interim dates in such schedules for the completion of steps of progress toward compliance shall be as enforceable as the final date for full compliance therein.
(3) Wherever requirements necessary for the attainment of air quality standards or, where such standards are not exceeded, for the maintenance of air quality can be achieved through the use of a control program involving the bubble concept, such program may be authorized by a regulatory order or orders or permit issued to the air contaminant source or sources involved. Such order or permit shall only be authorized after the control program involving the bubble concept is accepted by [the] United States environmental protection agency as part of an approved state implementation plan. Any such order or permit provision shall restrict total emissions within the bubble to no more than would otherwise be allowed in the aggregate for all emitting processes covered. The orders or permits provided for by this subsection shall be issued by the department or the authority with jurisdiction. If the bubble involves interjurisdictional approval, concurrence in the total program must be secured from each regulatory entity concerned.
[
1991 c 199 s 305
;
1981 c 224 s 1
;
1973 1st ex.s. c 193 s 3
. Formerly RCW 70.94.155
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Use of emission credits to be consistent with bubble program: RCW 70A.15.6230
.
RCW 70A.15.2250
Preemption of uniform building and fire codes.
The department and local air pollution control authorities shall preempt the application of chapter 9 of the uniform building code and article 80 of the uniform fire code by other state agencies and local governments for the purposes of controlling outdoor air pollution from industrial and commercial sources, except where authorized by chapter 199, Laws of 1991. Actions by other state agencies and local governments under article 80 of the uniform fire code to take immediate action in response to an emission that presents a physical hazard or imminent health hazard are not preempted.
[
1991 c 199 s 315
. Formerly RCW 70.94.157
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2260
Operating permits for air contaminant sources
—
Generally
—
Fees, report to legislature.
The department of ecology, or board of an authority, shall require renewable permits for the operation of air contaminant sources subject to the following conditions and limitations:
(1) Permits shall be issued for a term of five years. A permit may be modified or amended during its term at the request of the permittee, or for any reason allowed by the federal clean air act. The rules adopted pursuant to subsection (2) of this section shall include rules for permit amendments and modifications. The terms and conditions of a permit shall remain in effect after the permit itself expires if the permittee submits a timely and complete application for permit renewal.
(2)(a) Rules establishing the elements for a statewide operating permit program and the process for permit application and renewal consistent with federal requirements shall be established by the department by January 1, 1993. The rules shall provide that every proposed permit must be reviewed prior to issuance by a professional engineer or staff under the direct supervision of a professional engineer in the employ of the permitting authority. The permit program established by these rules shall be administered by the department and delegated local air authorities. Rules developed under this subsection shall not preclude a delegated local air authority from including in a permit its own more stringent emission standards and operating restrictions.
(b) The board of any local air pollution control authority may apply to the department of ecology for a delegation order authorizing the local authority to administer the operating permit program for sources under that authority's jurisdiction. The department shall, by order, approve such delegation, if the department finds that the local authority has the technical and financial resources, to discharge the responsibilities of a permitting authority under the federal clean air act. A delegation request shall include adequate information about the local authority's resources to enable the department to make the findings required by this subsection. However, any delegation order issued under this subsection shall take effect ninety days after the environmental protection agency authorizes the local authority to issue operating permits under the federal clean air act.
(c) Except for the authority granted the energy facility site evaluation council to issue permits for the new construction, reconstruction, or enlargement or operation of new energy facilities under chapter
80.50
RCW, the department may exercise the authority, as delegated by the environmental protection agency, to administer Title IV of the federal clean air act as amended and to delegate such administration to local authorities as applicable pursuant to (b) of this subsection.
(3) In establishing technical standards, defined in RCW 70A.15.1030, the permitting authority shall consider and, if found to be appropriate, give credit for waste reduction within the process.
(4) Operating permits shall apply to all sources (a) where required by the federal clean air act, and (b) for any source that may cause or contribute to air pollution in such quantity as to create a threat to the public health or welfare. Subsection (b) of this subsection is not intended to apply to small businesses except when both of the following limitations are satisfied: (i) The source is in an area exceeding or threatening to exceed federal or state air quality standards; and (ii) the department provides a reasonable justification that requiring a source to have a permit is necessary to meet a federal or state air quality standard, or to prevent exceeding a standard in an area threatening to exceed the standard. For purposes of this subsection "areas threatening to exceed air quality standards" shall mean areas projected by the department to exceed such standards within five years. Prior to identifying threatened areas the department shall hold a public hearing or hearings within the proposed areas.
(5) Sources operated by government agencies are not exempt under this section.
(6) Within one hundred eighty days after the United States environmental protection agency approves the state operating permit program, a person required to have a permit shall submit to the permitting authority a compliance plan and permit application, signed by a responsible official, certifying the accuracy of the information submitted. Until permits are issued, existing sources shall be allowed to operate under presently applicable standards and conditions provided that such sources submit complete and timely permit applications.
(7) All draft permits shall be subject to public notice and comment. The rules adopted pursuant to subsection (2) of this section shall specify procedures for public notice and comment. Such procedures shall provide the permitting agency with an opportunity to respond to comments received from interested parties prior to the time that the proposed permit is submitted to the environmental protection agency for review pursuant to section 505(a) of the federal clean air act. In the event that the environmental protection agency objects to a proposed permit pursuant to section 505(b) of the federal clean air act, the permitting authority shall not issue the permit, unless the permittee consents to the changes required by the environmental protection agency.
(8) The procedures contained in chapter
43.21B
RCW shall apply to permit appeals. The pollution control hearings board may stay the effectiveness of any permit issued under this section during the pendency of an appeal filed by the permittee, if the permittee demonstrates that compliance with the permit during the pendency of the appeal would require significant expenditures that would not be necessary in the event that the permittee prevailed on the merits of the appeal.
(9) After the effective date of any permit program promulgated under this section, it shall be unlawful for any person to: (a) Operate a permitted source in violation of any requirement of a permit issued under this section; or (b) fail to submit a permit application at the time required by rules adopted under subsection (2) of this section.
(10) Each air operating permit shall state the origin of and specific legal authority for each requirement included therein. Every requirement in an operating permit shall be based upon the most stringent of the following requirements:
(a) The federal clean air act and rules implementing that act, including provision of the approved state implementation plan;
(b) This chapter and rules adopted thereunder;
(c) In permits issued by a local air pollution control authority, the requirements of any order or regulation adopted by that authority;
(d) Chapter
70A.388
RCW and rules adopted thereunder; and
(e) Chapter
80.50
RCW and rules adopted thereunder.
(11) Consistent with the provisions of the federal clean air act, the permitting authority may issue general permits covering categories of permitted sources, and temporary permits authorizing emissions from similar operations at multiple temporary locations.
(12) Permit program sources within the territorial jurisdiction of an authority delegated the operating permit program shall file their permit applications with that authority, except that permit applications for sources regulated on a statewide basis pursuant to RCW 70A.15.3080
shall be filed with the department. Permit program sources outside the territorial jurisdiction of a delegated authority shall file their applications with the department. Permit program sources subject to chapter
80.50
RCW shall, irrespective of their location, file their applications with the energy facility site evaluation council.
(13) When issuing operating permits to coal-fired electric generating plants, the permitting authority shall establish requirements consistent with Title IV of the federal clean air act.
(14)(a) The department and the local air authorities are authorized to assess and to collect, and each source emitting one hundred tons or more per year of a regulated pollutant shall pay an interim assessment to fund the development of the operating permit program during fiscal year 1994.
(b) The department shall conduct a workload analysis and prepare an operating permit program development budget for fiscal year 1994. The department shall allocate among all sources emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 the costs identified in its program development budget according to a three-tiered model, with each of the three tiers being equally weighted, based upon:
(i) The number of sources;
(ii) The complexity of sources; and
(iii) The size of sources, as measured by the quantity of each regulated pollutant emitted by the source.
(c) Each local authority and the department shall collect from sources under their respective jurisdictions the interim fee determined by the department and shall remit the fee to the department.
(d) Each local authority may, in addition, allocate its fiscal year 1994 operating permit program development costs among the sources under its jurisdiction emitting one hundred tons or more per year of a regulated pollutant during calendar year 1992 and may collect an interim fee from these sources. A fee assessed pursuant to this subsection (14)(d) shall be collected at the same time as the fee assessed pursuant to (c) of this subsection.
(e) The fees assessed to a source under this subsection shall be limited to the first seven thousand five hundred tons for each regulated pollutant per year.
(15)(a) The department shall determine the persons liable for the fee imposed by subsection (14) of this section, compute the fee, and provide by November 1, 1993, the identity of the fee payer with the computation of the fee to each local authority and to the department of revenue for collection. The department of revenue shall collect the fee computed by the department from the fee payers under the jurisdiction of the department. The administrative, collection, and penalty provisions of chapter
82.32
RCW shall apply to the collection of the fee by the department of revenue. The department shall provide technical assistance to the department of revenue for decisions made by the department of revenue pursuant to RCW 82.32.160
and
82.32.170
. All interim fees collected by the department of revenue on behalf of the department and all interim fees collected by local authorities on behalf of the department shall be deposited in the air operating permit account. The interim fees collected by the local air authorities to cover their permit program development costs under subsection (14)(d) of this section shall be deposited in the dedicated accounts of their respective treasuries.
(b) All fees identified in this section shall be due and payable on March 1, 1994, except that the local air pollution control authorities may adopt by rule an earlier date on which fees are to be due and payable. The section 5, chapter 252, Laws of 1993 amendments to RCW 70A.15.2260
do not have the effect of terminating, or in any way modifying, any liability, civil or criminal, incurred pursuant to the provisions of RCW 70A.15.2260
(15) and (17) as they existed prior to July 25, 1993.
(16) For sources or source categories not required to obtain permits under subsection (4) of this section, the department or local authority may establish by rule control technology requirements. If control technology rule revisions are made by the department or local authority under this subsection, the department or local authority shall consider the remaining useful life of control equipment previously installed on existing sources before requiring technology changes. The department or any local air authority may issue a general permit, as authorized under the federal clean air act, for such sources.
(17) Emissions of greenhouse gases as defined in RCW 70A.45.010
must be reported as required by RCW 70A.15.2200
. The reporting provisions of RCW 70A.15.2200
shall not apply to any other emissions from any permit program source after the effective date of United States environmental protection agency approval of the state operating permit program.
[
2020 c 20 s 1094
;
2008 c 14 s 6
;
1993 c 252 s 5
;
1991 c 199 s 301
. Formerly RCW 70.94.161
.]
NOTES:
Findings
—
Intent
—
Scope of chapter 14, Laws of 2008
—
2008 c 14:
See RCW 70A.45.005
and
70A.45.900
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Air operating permit account: RCW 70A.15.1010
.
RCW 70A.15.2270
Annual fees from operating permit program source to cover cost of program.
(1) The department and delegated local air authorities are authorized to determine, assess, and collect, and each permit program source shall pay, annual fees sufficient to cover the direct and indirect costs of implementing a state operating permit program approved by the United States environmental protection agency under the federal clean air act. However, a source that receives its operating permit from the United States environmental protection agency shall not be considered a permit program source so long as the environmental protection agency continues to act as the permitting authority for that source. Each permitting authority shall develop by rule a fee schedule allocating among its permit program sources the costs of the operating permit program, and may, by rule, establish a payment schedule whereby periodic installments of the annual fee are due and payable more frequently. All operating permit program fees collected by the department shall be deposited in the air operating permit account. All operating permit program fees collected by the delegated local air authorities shall be deposited in their respective air operating permit accounts or other accounts dedicated exclusively to support of the operating permit program. The fees assessed under this subsection shall first be due not less than forty-five days after the United States environmental protection agency delegates to the department the authority to administer the operating permit program and then annually thereafter.
The department shall establish, by rule, procedures for administrative appeals to the department regarding the fee assessed pursuant to this subsection.
(2) The fee schedule developed by each permitting authority shall fully cover and not exceed both its permit administration costs and the permitting authority's share of statewide program development and oversight costs.
(a) Permit administration costs are those incurred by each permitting authority, including the department, in administering and enforcing the operating permit program with respect to sources under its jurisdiction. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program and to the sources permitted by a permitting authority, including, where applicable, sources subject to a general permit:
(i) Preapplication assistance and review of an application and proposed compliance plan for a permit, permit revision, or renewal;
(ii) Source inspections, testing, and other data-gathering activities necessary for the development of a permit, permit revision, or renewal;
(iii) Acting on an application for a permit, permit revision, or renewal, including the costs of developing an applicable requirement as part of the processing of a permit, permit revision, or renewal, preparing a draft permit and fact sheet, and preparing a final permit, but excluding the costs of developing BACT, LAER, BART, or RACT requirements for criteria and toxic air pollutants;
(iv) Notifying and soliciting, reviewing and responding to comment from the public and contiguous states and tribes, conducting public hearings regarding the issuance of a draft permit and other costs of providing information to the public regarding operating permits and the permit issuance process;
(v) Modeling necessary to establish permit limits or to determine compliance with permit limits;
(vi) Reviewing compliance certifications and emissions reports and conducting related compilation and reporting activities;
(vii) Conducting compliance inspections, complaint investigations, and other activities necessary to ensure that a source is complying with permit conditions;
(viii) Administrative enforcement activities and penalty assessment, excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;
(ix) The share attributable to permitted sources of the development and maintenance of emissions inventories;
(x) The share attributable to permitted sources of ambient air quality monitoring and associated recording and reporting activities;
(xi) Training for permit administration and enforcement;
(xii) Fee determination, assessment, and collection, including the costs of necessary administrative dispute resolution and penalty collection;
(xiii) Required fiscal audits, periodic performance audits, and reporting activities;
(xiv) Tracking of time, revenues and expenditures, and accounting activities;
(xv) Administering the permit program including the costs of clerical support, supervision, and management;
(xvi) Provision of assistance to small businesses under the jurisdiction of the permitting authority as required under section 507 of the federal clean air act; and
(xvii) Other activities required by operating permit regulations issued by the United States environmental protection agency under the federal clean air act.
(b) Development and oversight costs are those incurred by the department in developing and administering the state operating permit program, and in overseeing the administration of the program by the delegated local permitting authorities. Costs associated with the following activities are fee eligible as these activities relate to the operating permit program:
(i) Review and determinations necessary for delegation of authority to administer and enforce a permit program to a local air authority under RCW 70A.15.2260
(2) and
70A.15.6240
;
(ii) Conducting fiscal audits and periodic performance audits of delegated local authorities, and other oversight functions required by the operating permit program;
(iii) Administrative enforcement actions taken by the department on behalf of a permitting authority, including those actions taken by the department under RCW 70A.15.6050, but excluding the costs of proceedings before the pollution control hearings board and all costs of judicial enforcement;
(iv) Determination and assessment with respect to each permitting authority of the fees covering its share of the costs of development and oversight;
(v) Training and assistance for permit program administration and oversight, including training and assistance regarding technical, administrative, and data management issues;
(vi) Development of generally applicable regulations or guidance regarding the permit program or its implementation or enforcement;
(vii) State codification of federal rules or standards for inclusion in operating permits;
(viii) Preparation of delegation package and other activities associated with submittal of the state permit program to the United States environmental protection agency for approval, including ongoing coordination activities;
(ix) General administration and coordination of the state permit program, related support activities, and other agency indirect costs, including necessary data management and quality assurance;
(x) Required fiscal audits and periodic performance audits of the department, and reporting activities;
(xi) Tracking of time, revenues and expenditures, and accounting activities;
(xii) Public education and outreach related to the operating permit program, including the maintenance of a permit register;
(xiii) The share attributable to permitted sources of compiling and maintaining emissions inventories;
(xiv) The share attributable to permitted sources of ambient air quality monitoring, related technical support, and associated recording activities;
(xv) The share attributable to permitted sources of modeling activities;
(xvi) Provision of assistance to small business as required under section 507 of the federal clean air act as it exists on July 25, 1993, or its later enactment as adopted by reference by the director by rule;
(xvii) Provision of services by the department of revenue and the office of the state attorney general and other state agencies in support of permit program administration;
(xviii) A one-time revision to the state implementation plan to make those administrative changes necessary to ensure coordination of the state implementation plan and the operating permit program; and
(xix) Other activities required by operating permit regulations issued by the United States environmental protection agency under the federal clean air act.
(3) The responsibility for operating permit fee determination, assessment, and collection is to be shared by the department and delegated local air authorities as follows:
(a) Each permitting authority, including the department, acting in its capacity as a permitting authority, shall develop a fee schedule and mechanism for collecting fees from the permit program sources under its jurisdiction; the fees collected by each authority shall be sufficient to cover its costs of permit administration and its share of the department's costs of development and oversight. Each delegated local authority shall remit to the department its share of the department's development and oversight costs.
(b) Only those local air authorities to whom the department has delegated the authority to administer the program pursuant to RCW 70A.15.2260
(2) (b) and (c) and
70A.15.6240
shall have the authority to administer and collect operating permit fees. The department shall retain the authority to administer and collect such fees with respect to the sources within the jurisdiction of a local air authority until the effective date of program delegation to that air authority.
(c) The department shall allocate its development and oversight costs among all permitting authorities, including the department, in proportion to the number of permit program sources under the jurisdiction of each authority, except that extraordinary costs or other costs readily attributable to a specific permitting authority may be assessed that authority. For purposes of this subsection, all sources covered by a single general permit shall be treated as one source.
(4) The department and each delegated local air authority shall adopt by rule a general permit fee schedule for sources under their respective jurisdictions after such time as the department adopts provisions for general permit issuance. Within ninety days of the time that the department adopts a general permit fee schedule, the department shall report to the relevant standing committees of the legislature regarding the general permit fee schedules adopted by the department and by the delegated local air authorities. The permit administration costs of each general permit shall be allocated equitably among only those sources subject to that general permit. The share of development and oversight costs attributable to each general permit shall be determined pursuant to subsection (3)(c) of this section.
(5) The fee schedule developed by the department shall allocate among the sources for whom the department acts as a permitting authority, other than sources subject to a general permit, those portions of the department's permit administration costs and the department's share of the development and oversight costs which the department does not plan to recover under its general permit fee schedule or schedules as follows:
(a) The department shall allocate its permit administration costs and its share of the development and oversight costs not recovered through general permit fees according to a three-tiered model based upon:
(i) The number of permit program sources under its jurisdiction;
(ii) The complexity of permit program sources under its jurisdiction; and
(iii) The size of permit program sources under its jurisdiction, as measured by the quantity of each regulated pollutant emitted by the source.
(b) Each of the three tiers shall be equally weighted.
(c) The department may, in addition, allocate activities-based costs readily attributable to a specific source to that source under RCW 70A.15.2210
(1) and
70A.15.2230
(7).
The quantity of each regulated pollutant emitted by a source shall be determined based on the annual emissions during the most recent calendar year for which data is available.
(6) The department shall, after opportunity for public review and comment, adopt rules that establish a process for development and review of its operating permit program fee schedule, a methodology for tracking program revenues and expenditures, and, for both the department and the delegated local air authorities, a system of fiscal audits, reports, and periodic performance audits.
(a) The fee schedule development and review process shall include the following:
(i) The department shall conduct a biennial workload analysis. The department shall provide the opportunity for public review of and comment on the workload analysis. The department shall review and update its workload analysis during each biennial budget cycle, taking into account information gathered by tracking previous revenues, time, and expenditures and other information obtained through fiscal audits and performance audits.
(ii) The department shall prepare a biennial budget based upon the resource requirements identified in the workload analysis for that biennium. In preparing the budget, the department shall take into account the projected operating permit account balance at the start of the biennium. The department shall provide the opportunity for public review of and comment on the proposed budget. The department shall review and update its budget each biennium.
(iii) The department shall develop a fee schedule allocating the department's permit administration costs and its share of the development and oversight costs among the department's permit program sources using the methodology described in subsection (5) of this section. The department shall provide the opportunity for public review of and comment on the allocation methodology and fee schedule. The department shall provide procedures for administrative resolution of disputes regarding the source data on which allocation determinations are based; these procedures shall be designed such that resolution occurs prior to the completion of the allocation process. The department shall review and update its fee schedule annually.
(b) The methodology for tracking revenues and expenditures shall include the following:
(i) The department shall develop a system for tracking revenues and expenditures that provides the maximum practicable information. At a minimum, revenues from fees collected under the operating permit program shall be tracked on a source-specific basis and time and expenditures required to administer the program shall be tracked on the basis of source categories and functional categories. Each general permit will be treated as a separate source category for tracking and accounting purposes.
(ii) The department shall use the information obtained from tracking revenues, time, and expenditures to modify the workload analysis required in subsection (6)(a) of this section.
(iii) The information obtained from tracking revenues, time, and expenditures shall not provide a basis for challenge to the amount of an individual source's fee.
(c) The system of fiscal audits, reports, and periodic performance audits shall include the following:
(i) The department and the delegated local air authorities shall periodically report information about the air operating permit program on the department's website.
(ii) The department shall arrange for fiscal audits and routine performance audits and for periodic intensive performance audits of each permitting authority and of the department.
(7) Each local air authority requesting delegation shall, after opportunity for public review and comment, publish regulations which establish a process for development and review of its operating permit program fee schedule, and a methodology for tracking its revenues and expenditures. These regulations shall be submitted to the department for review and approval as part of the local authority's delegation request.
(8) As used in this section and in RCW 70A.15.2260
(14), "regulated pollutant" shall have the same meaning as defined in section 502(b) of the federal clean air act as it exists on July 25, 1993, or its later enactment as adopted by reference by the director by rule.
(9) Fee structures as authorized under this section shall remain in effect until such time as the legislature authorizes an alternative structure following receipt of the report required by this subsection.
[
2020 c 20 s 1095
;
2014 c 76 s 5
;
1998 c 245 s 129
;
1993 c 252 s 6
. Formerly RCW 70.94.162
.]
RCW 70A.15.2280
Source categories not required to have a permit
—
Recommendations.
The department shall prepare recommendations to reduce air emissions for source categories not generally required to have a permit under RCW 70A.15.2260
. Such recommendations shall not require any action by the owner or operator of a source and shall be consistent with rules adopted under chapter
70A.214
RCW. The recommendations shall include but not be limited to: Process changes, product substitution, equipment modifications, hazardous substance use reduction, recycling, and energy efficiency.
[
2020 c 20 s 1096
;
1991 c 199 s 304
. Formerly RCW 70.94.163
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2290
Gasoline vapor recovery devices
—
Limitation on requiring.
(1) A gasoline vapor recovery device that captures vapors during vehicle fueling may only be required at a service station, or any other gasoline dispensing facility supplying fuel to the general public, in any of the following circumstances:
(a) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county, any part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407; or
(b) The facility sells in excess of six hundred thousand gallons of gasoline per year and is located in a county where a maintenance plan has been adopted by a local air pollution control authority or the department of ecology that includes gasoline vapor recovery devices as a control strategy; or
(c) From March 30, 1996, until December 31, 1998, in any facility that sells in excess of one million two hundred thousand gallons of gasoline per year and is located in an ozone-contributing county. For purposes of this section, an ozone-contributing county means a county in which the emissions have contributed to the formation of ozone in any county where violations of federal ozone standards have been measured, and includes: Cowlitz, Island, Kitsap, Lewis, Skagit, Thurston, Wahkiakum, and Whatcom counties; or
(d) After December 31, 1998, in any facility that sells in excess of eight hundred forty thousand gallons of gasoline per year and is located in any county, no part of which is designated as nonattainment for ozone under the federal clean air act, 42 U.S.C. Sec. 7407, provided that the department of ecology determines by December 31, 1997, that the use of gasoline vapor control devices in the county is important to achieving or maintaining attainment status in any other county.
(2) This section does not preclude the department of ecology or any local air pollution authority from requiring a gasoline vapor recovery device that captures vapors during vehicle refueling as part of the regulation of sources as provided in RCW 70A.15.2210, 70A.15.3000, or
70A.15.2040
or where required under 42 U.S.C. Sec. 7412.
[
2020 c 20 s 1097
;
1996 c 294 s 1
. Formerly RCW 70.94.165
.]
NOTES:
Effective date
—
1996 c 294:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 30, 1996]." [
1996 c 294 s 2
.]
RCW 70A.15.2300
Air pollution control authority control officer.
Any activated authority which has adopted an ordinance, resolution, or valid rules and regulations as provided herein for the control and prevention of air pollution shall appoint a full time control officer, whose sole responsibility shall be to observe and enforce the provisions of this chapter and all orders, ordinances, resolutions, or rules and regulations of such activated authority pertaining to the control and prevention of air pollution.
[
1991 c 199 s 707
;
1969 ex.s. c 168 s 21
;
1967 c 238 s 30
;
1957 c 232 s 17
. Formerly RCW 70.94.170
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2310
Variances
—
Application for
—
Considerations
—
Limitations
—
Renewals
—
Review.
(1) Any person who owns or is in control of any plant, building, structure, establishment, process or equipment may apply to the department of ecology or appropriate local authority board for a variance from rules or regulations governing the quality, nature, duration or extent of discharges of air contaminants. The application shall be accompanied by such information and data as the department of ecology or board may require. The department of ecology or board may grant such variance, provided that variances to state rules shall require the department's approval prior to being issued by a local authority board. The total time period for a variance and renewal of such variance shall not exceed one year. Variances may be issued by either the department or a local board but only after public hearing or due notice, if the department or board finds that:
(a) The emissions occurring or proposed to occur do not endanger public health or safety or the environment; and
(b) Compliance with the rules or regulations from which variance is sought would produce serious hardship without equal or greater benefits to the public.
(2) No variance shall be granted pursuant to this section until the department of ecology or board has considered the relative interests of the applicant, other owners of property likely to be affected by the discharges, and the general public.
(3) Any variance or renewal thereof shall be granted within the requirements of subsection (1) of this section and under conditions consistent with the reasons therefor, and within the following limitations:
(a) If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the pollution involved, it shall be only until the necessary means for prevention, abatement or control become known and available, and subject to the taking of any substitute or alternate measures that the department of ecology or board may prescribe.
(b) If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will require the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the department of ecology or board is requisite for the taking of the necessary measures. A variance granted on the ground specified herein shall contain a timetable for the taking of action in an expeditious manner and shall be conditioned on adherence to such timetable.
(c) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in (a) and (b) of this subsection, it shall be for not more than one year.
(4) Any variance granted pursuant to this section may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the department of ecology or board on account of the variance, no renewal thereof shall be granted unless following a public hearing on the complaint on due notice the department or board finds that renewal is justified. No renewal shall be granted except on application therefor. Any such application shall be made at least sixty days prior to the expiration of the variance. Immediately upon receipt of an application for renewal, the department of ecology or board shall give public notice of such application in accordance with rules of the department of ecology or board.
(5) A variance or renewal shall not be a right of the applicant or holder thereof but shall be granted at the discretion of the department of ecology or board. However, any applicant adversely affected by the denial or the terms and conditions of the granting of an application for a variance or renewal of a variance by the department of ecology or board may obtain judicial review thereof under the provisions of chapter
34.05
RCW as now or hereafter amended.
(6) Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of RCW 70A.15.6000
through
70A.15.6040
to any person or his or her property.
(7) An application for a variance, or for the renewal thereof, submitted to the department of ecology or board pursuant to this section shall be approved or disapproved by the department or board within sixty-five days of receipt unless the applicant and the department of ecology or board agree to a continuance.
(8) Variances approved under this section shall not be included in orders or permits provided for in RCW 70A.15.2260
or
70A.15.2210
until such time as the variance has been accepted by the United States environmental protection agency as part of an approved state implementation plan.
[
2020 c 20 s 1098
;
1991 c 199 s 306
;
1983 c 3 s 176
;
1974 ex.s. c 59 s 1
;
1969 ex.s. c 168 s 22
;
1967 c 238 s 31
. Formerly RCW 70.94.181
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2500
Investigation of conditions by control officer or department
—
Entering private, public property.
For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, a control officer, the department, or their duly authorized representatives, shall have the power to enter at reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families or less. No person shall refuse entry or access to any control officer, the department, or their duly authorized representatives, who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection.
[
1987 c 109 s 38
;
1979 c 141 s 121
;
1967 c 238 s 32
;
1957 c 232 s 20
. Formerly RCW 70.94.200
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.2510
Confidentiality of records and information.
Whenever any records or other information, other than ambient air quality data or emission data, furnished to or obtained by the department of ecology or the board of any authority under this chapter, relate to processes or production unique to the owner or operator, or is likely to affect adversely the competitive position of such owner or operator if released to the public or to a competitor, and the owner or operator of such processes or production so certifies, such records or information shall be only for the confidential use of the department of ecology or board. Nothing herein shall be construed to prevent the use of records or information by the department of ecology or board in compiling or publishing analyses or summaries relating to the general condition of the outdoor atmosphere: PROVIDED, That such analyses or summaries do not reveal any information otherwise confidential under the provisions of this section: PROVIDED FURTHER, That emission data furnished to or obtained by the department of ecology or board shall be correlated with applicable emission limitations and other control measures and shall be available for public inspection during normal business hours at offices of the department of ecology or board.
[
1991 c 199 s 307
;
1973 1st ex.s. c 193 s 4
;
1969 ex.s. c 168 s 23
;
1967 c 238 s 33
. Formerly RCW 70.94.205
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2520
Enforcement actions by air authority
—
Notice to violators.
At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150
or
70A.15.3160
a local air authority shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order directing that necessary corrective action be taken within a reasonable time. In lieu of an order, the board or the control officer may require that the alleged violator or violators appear before the board for a hearing. Every notice of violation shall offer to the alleged violator an opportunity to meet with the local air authority prior to the commencement of enforcement action.
[
2020 c 20 s 1099
;
1991 c 199 s 309
;
1974 ex.s. c 69 s 4
;
1970 ex.s. c 62 s 57
;
1969 ex.s. c 168 s 24
;
1967 c 238 s 34
. Formerly RCW 70.94.211
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Savings
—
Effective date
—
Severability
—
1970 ex.s. c 62:
See notes following RCW 43.21A.010
.
RCW 70A.15.2530
Order final unless appealed to pollution control hearings board.
Any order issued by the board or by the control officer, shall become final unless such order is appealed to the hearings board as provided in chapter
43.21B
RCW.
[
1970 ex.s. c 62 s 58
;
1969 ex.s. c 168 s 25
;
1967 c 238 s 35
. Formerly RCW 70.94.221
.]
NOTES:
Savings
—
Effective date
—
Severability
—
1970 ex.s. c 62:
See notes following RCW 43.21A.010
.
RCW 70A.15.2540
Rules of authority supersede local rules, regulations, etc.
—
Exceptions.
The rules and regulations hereafter adopted by an authority under the provisions of this chapter shall supersede the existing rules, regulations, resolutions and ordinances of any of the component bodies included within said authority in all matters relating to the control and enforcement of air pollution as contemplated by this chapter: PROVIDED, HOWEVER, That existing rules, regulations, resolutions and ordinances shall remain in effect until such rules, regulations, resolutions and ordinances are superseded as provided in this section: PROVIDED FURTHER, That nothing herein shall be construed to supersede any local county, or city ordinance or resolution, or any provision of the statutory or common law pertaining to nuisance; nor to affect any aspect of employer-employee relationship relating to conditions in a place of work, including without limitation, statutes, rules or regulations governing industrial health and safety standards or performance standards incorporated in zoning ordinances or resolutions of the component bodies where such standards relating to air pollution control or air quality containing requirements not less stringent than those of the authority.
[
1969 ex.s. c 168 s 28
;
1967 c 238 s 38
;
1957 c 232 s 23
. Formerly RCW 70.94.230
.]
RCW 70A.15.2550
Air pollution control authority
—
Dissolution of prior districts
—
Continuation of rules and regulations until superseded.
Upon the date that an authority begins to exercise its powers and functions, all rules and regulations in force on such date shall remain in effect until superseded by the rules and regulations of the authority as provided in RCW 70A.15.2540
.
[
2020 c 20 s 1100
;
1991 c 199 s 708
;
1969 ex.s. c 168 s 29
;
1967 c 238 s 39
. Formerly RCW 70.94.231
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2560
Air pollution control advisory council.
The board of any authority may appoint an air pollution control advisory council to advise and consult with such board, and the control officer in effectuating the purposes of this chapter. The council shall consist of at least five appointed members who are residents of the authority and who are preferably skilled and experienced in the field of air pollution control, chemistry, meteorology, public health, or a related field, at least one of whom shall serve as a representative of industry and one of whom shall serve as a representative of the environmental community. The chair of the board of any such authority shall serve as ex officio member of the council and be its chair. Each member of the council shall receive from the authority per diem and travel expenses in an amount not to exceed that provided for the state board in this chapter (but not to exceed one thousand dollars per year) for each full day spent in the performance of his or her duties under this chapter.
[
1991 c 199 s 709
;
1969 ex.s. c 168 s 30
;
1967 c 238 s 41
;
1957 c 232 s 24
. Formerly RCW 70.94.240
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.2570
Dissolution of authority
—
Deactivation of authority.
An air pollution control authority may be deactivated prior to the term provided in the original or subsequent agreement by the county or counties comprising such authority upon the adoption by the board, following a hearing held upon ten days notice, to said counties, of a resolution for dissolution or deactivation and upon the approval by the legislative authority of each county comprising the authority. In such event, the board shall proceed to wind up the affairs of the authority and pay all indebtedness thereof. Any surplus of funds shall be paid over to the counties comprising the authority in proportion to their last contribution. Upon the completion of the process of closing the affairs of the authority, the board shall by resolution entered in its minutes declare the authority deactivated and a certified copy of such resolution shall be filed with the secretary of state and the authority shall be deemed inactive.
[
1979 ex.s. c 30 s 12
;
1969 ex.s. c 168 s 31
;
1967 c 238 s 43
;
1957 c 232 s 26
. Formerly RCW 70.94.260
.]
RCW 70A.15.2580
Withdrawal from multicounty authority.
(1) Any county that is part of a multicounty authority, pursuant to RCW 70A.15.1500, may withdraw from the multicounty authority after January 1, 1992, if the county wishes to provide for air quality protection and regulation by an alternate air quality authority. A withdrawing county shall:
(a) Create its own single county authority;
(b) Join another existing multicounty authority with which its boundaries are contiguous;
(c) Join with one or more contiguous inactive authorities to operate as a new multicounty authority; or
(d) Become an inactive authority and subject to regulation by the department of ecology.
(2) In order to withdraw from an existing multicounty authority, a county shall make arrangements, by interlocal agreement, for division of assets and liabilities and the appropriate release of any and all interest in assets of the multicounty authority.
(3) In order to effectuate any of the alternate arrangements in subsection (1) of this section, the procedures of this chapter to create an air pollution control authority shall be met and the actions must be taken at least six months prior to the effective date of withdrawal. The rules of the original multicounty authority shall continue in force for the withdrawing county until such time as all conditions to create an air pollution control authority have been met.
(4) At the effective date of a county's withdrawal, the remaining counties shall reorganize and reconstitute the legislative authority pursuant to this chapter. The air pollution control regulations of the existing multicounty authority shall remain in force and effect after the reorganization.
(5) If a county elects to withdraw from an existing multicounty authority, the air pollution control regulations shall remain in effect for the withdrawing county until suspended by the adoption of rules, regulations, or ordinances adopted under one of the alternatives of subsection (1) of this section. A county shall initiate proceedings to adopt such rules, regulations, or ordinances on or before the effective date of the county's withdrawal.
[
2020 c 20 s 1101
;
1991 c 125 s 2
. Formerly RCW 70.94.262
.]
RCW 70A.15.2590
Certain generators fueled by biogas produced by an anaerobic digester
—
Extended compliance period for permit provisions related to the emissions limit for sulfur
—
Technical assistance.
(1) A generator operating at an electric generating project with an installed generator capacity of at least seven hundred fifty kilowatts but not exceeding one thousand kilowatts, that is in operation on June 7, 2012, and began operating after 2008, and that is located on agricultural lands of long-term commercial significance pursuant to chapter
36.70A
RCW, is granted an extended compliance period for permit provisions related to the emissions limit for sulfur established by the department or a local air authority until December 31, 2016, if it is fueled by biogas that is produced by an anaerobic digester that qualifies for the solid waste permitting exemption specified in RCW 70A.205.290
.
(2) A generator that meets the requirements in subsection (1) of this section may not be located in a federally designated nonattainment or maintenance area.
(3) Upon request, the department or a local air authority must provide technical assistance to a generator meeting the requirements in subsection (1) of this section to assist the generator in reducing its emissions in order to meet the requirements in this chapter.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Anaerobic digester" means a vessel that processes organic material into biogas and digestate using microorganisms in a decomposition process within a closed, oxygen-free container.
(b) "Generator" means an internal combustion engine that converts biogas into electricity, and includes any backup combustion device to burn biogas when an engine is idled for maintenance.
[
2020 c 20 s 1102
;
2012 c 238 s 1
. Formerly RCW 70.94.302
.]
RCW 70A.15.3000
Powers and duties of department.
(1) The department shall have all the powers as provided in RCW 70A.15.2040
.
(2) The department, in addition to any other powers vested in it by law after consideration at a public hearing held in accordance with chapters
42.30
and
34.05
RCW shall:
(a) Adopt rules establishing air quality objectives and air quality standards;
(b) Adopt emission standards which shall constitute minimum emission standards throughout the state. An authority may enact more stringent emission standards, except for emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices which shall be statewide, but in no event may less stringent standards be enacted by an authority without the prior approval of the department after public hearing and due notice to interested parties;
(c) Adopt by rule air quality standards and emission standards for the control or prohibition of emissions to the outdoor atmosphere of radionuclides, dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substances, or any combination thereof. Such requirements may be based upon a system of classification by types of emissions or types of sources of emissions, or combinations thereof, which it determines most feasible for the purposes of this chapter. However, an industry, or the air pollution control authority having jurisdiction, can choose, subject to the submittal of appropriate data that the industry has quantified, to have any limit on the opacity of emissions from a source whose emission standard is stated in terms of a weight of particulate per unit volume of air (e.g., grains per dry standard cubic foot) be based on the applicable particulate emission standard for that source, such that any violation of the opacity limit accurately indicates a violation of the applicable particulate emission standard. Any alternative opacity limit provided by this section that would result in increasing air contaminants emissions in any nonattainment area shall only be granted if equal or greater emission reductions are provided for by the same source obtaining the revised opacity limit. A reasonable fee may be assessed to the industry to which the alternate opacity standard would apply. The fee shall cover only those costs to the air pollution control authority which are directly related to the determination on the acceptability of the alternate opacity standard, including testing, oversight and review of data.
(3) The air quality standards and emission standards may be for the state as a whole or may vary from area to area or source to source, except that emission performance standards for new woodstoves and opacity levels for residential solid fuel burning devices shall be statewide, as may be appropriate to facilitate the accomplishment of the objectives of this chapter and to take necessary or desirable account of varying local conditions of population concentration, the existence of actual or reasonably foreseeable air pollution, topographic and meteorologic conditions and other pertinent variables.
(4) The department is directed to cooperate with the appropriate agencies of the United States or other states or any interstate agencies or international agencies with respect to the control of air pollution and air contamination, or for the formulation for the submission to the legislature of interstate air pollution control compacts or agreements.
(5) The department is directed to conduct or cause to be conducted a continuous surveillance program to monitor the quality of the ambient atmosphere as to concentrations and movements of air contaminants and conduct or cause to be conducted a program to determine the quantity of emissions to the atmosphere.
(6) The department shall enforce the air quality standards and emission standards throughout the state except where a local authority is enforcing the state regulations or its own regulations which are more stringent than those of the state.
(7) The department shall encourage local units of government to handle air pollution problems within their respective jurisdictions; and, on a cooperative basis provide technical and consultative assistance therefor.
(8) The department shall have the power to require the addition to or deletion of a county or counties from an existing authority in order to carry out the purposes of this chapter. No such addition or deletion shall be made without the concurrence of any existing authority involved. Such action shall only be taken after a public hearing held pursuant to the provisions of chapter
34.05
RCW.
(9) The department shall establish rules requiring sources or source categories to apply reasonable and available control methods. Such rules shall apply to those sources or source categories that individually or collectively contribute the majority of statewide air emissions of each regulated pollutant. The department shall review, and if necessary, update its rules every five years to ensure consistency with current reasonable and available control methods. The department shall have adopted rules required under this subsection for all sources by July 1, 1996.
For the purposes of this section, "reasonable and available control methods" shall include but not be limited to, changes in technology, processes, or other control strategies.
[
2020 c 20 s 1103
;
1991 c 199 s 710
;
1988 c 106 s 1
. Prior:
1987 c 405 s 13
;
1987 c 109 s 39
;
1985 c 372 s 4
;
1969 ex.s. c 168 s 34
;
1967 c 238 s 46
. Formerly RCW 70.94.331
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
Severability
—
1985 c 372:
See note following RCW 70A.388.040
.
RCW 70A.15.3010
Enforcement actions by department
—
Notice to violators.
At least thirty days prior to the commencement of any formal enforcement action under RCW 70A.15.3150
and
70A.15.3160, the department of ecology shall cause written notice to be served upon the alleged violator or violators. The notice shall specify the provision of this chapter or the rule or regulation alleged to be violated, and the facts alleged to constitute a violation thereof, and may include an order that necessary corrective action be taken within a reasonable time. In lieu of an order, the department may require that the alleged violator or violators appear before it for the purpose of providing the department information pertaining to the violation or the charges complained of. Every notice of violation shall offer to the alleged violator an opportunity to meet with the department prior to the commencement of enforcement action.
[
2020 c 20 s 1104
;
1991 c 199 s 711
;
1987 c 109 s 18
;
1967 c 238 s 47
. Formerly RCW 70.94.332
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3020
Hazardous substance remedial actions
—
Procedural requirements not applicable.
The procedural requirements of this chapter shall not apply to any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter
70A.305
RCW, or to the department of ecology when it conducts a remedial action under chapter
70A.305
RCW. The department of ecology shall ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter
70A.305
RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70A.305.090
.
[
2020 c 20 s 1105
;
1994 c 257 s 15
. Formerly RCW 70.94.335
.]
NOTES:
Severability
—
1994 c 257:
See note following RCW 36.70A.270
.
RCW 70A.15.3030
Contracts, agreements for use of personnel by department
—
Reimbursement
—
Merit system regulations waived.
The department is authorized to contract for or otherwise agree to the use of personnel of municipal corporations or other agencies or private persons; and the department is further authorized to reimburse such municipal corporations or agencies for the employment of such personnel. Merit system regulations or standards for the employment of personnel may be waived for personnel hired under contract as provided for in this section. The department shall provide, within available appropriations, for the scientific, technical, legal, administrative, and other necessary services and facilities for performing the functions under this chapter.
[
1987 c 109 s 40
;
1979 c 141 s 122
;
1967 c 238 s 45
;
1961 c 188 s 6
. Formerly RCW 70.94.350
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3040
Powers and rights of governmental units and persons are not limited by act or recommendations.
No provision of this chapter or any recommendation of the state board or of any local or regional air pollution program is a limitation:
(1) On the power of any city, town or county to declare, prohibit and abate nuisances.
(2) On the power of the secretary of social and health services to provide for the protection of the public health under any authority presently vested in that office or which may be hereafter prescribed by law.
(3) On the power of a state agency in the enforcement, or administration of any provision of law which it is specifically permitted or required to enforce or administer.
(4) On the right of any person to maintain at any time any appropriate action for relief against any air pollution.
[
1979 c 141 s 123
;
1967 c 238 s 59
;
1961 c 188 s 8
. Formerly RCW 70.94.370
.]
RCW 70A.15.3050
Emission control requirements.
(1) Every activated authority operating an air pollution control program shall have requirements for the control of emissions which are no less stringent than those adopted by the department of ecology for the geographic area in which such air pollution control program is located. Less stringent requirements than compelled by this section may be included in a local or regional air pollution control program only after approval by the department of ecology following demonstration to the satisfaction of the department of ecology that the proposed requirements are consistent with the purposes of this chapter: PROVIDED, That such approval shall be preceded by public hearing, of which notice has been given in accordance with chapter
42.30
RCW. The department of ecology, upon receiving evidence that conditions have changed or that additional information is relevant to a decision with respect to the requirements for emission control, may, after public hearing on due notice, withdraw any approval previously given to a less stringent local or regional requirement.
[(2)] Nothing in this chapter shall be construed to prevent a local or regional air pollution control authority from adopting and enforcing more stringent emission control requirements than those adopted by the department of ecology and applicable within the jurisdiction of the local or regional air pollution control authority, except that the emission performance standards for new woodstoves and the opacity levels for residential solid fuel burning devices shall be statewide.
[
1987 c 405 s 14
;
1979 ex.s. c 30 s 13
;
1969 ex.s. c 168 s 36
;
1967 c 238 s 50
. Formerly RCW 70.94.380
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3060
State financial aid
—
Application for
—
Requirements.
(1) Any authority may apply to the department for state financial aid. The department shall annually establish the amount of state funds available for the local authorities taking into consideration available federal and state funds. The establishment of funding amounts shall be consistent with federal requirements and local maintenance of effort necessary to carry out the provisions of this chapter. Any such aid shall be expended from the general fund or from other appropriations as the legislature may provide for this purpose: PROVIDED, That federal funds shall be utilized to the maximum unless otherwise approved by the department: PROVIDED FURTHER, That the amount of state funds provided to local authorities during the previous year shall not be reduced without a public notice or public hearing held by the department if requested by the affected local authority, unless such changes are the direct result of a reduction in the available federal funds for air pollution control programs.
(2) Before any such application is approved and financial aid is given or approved by the department, the authority shall demonstrate to the satisfaction of the department that it is fulfilling the requirements of this chapter. If the department has not adopted ambient air quality standards and objectives as permitted by RCW 70A.15.3000, the authority shall demonstrate to the satisfaction of the department that it is acting in good faith and doing all that is possible and reasonable to control and prevent air pollution within its jurisdictional boundaries and to carry out the purposes of this chapter.
(3) The department shall adopt rules requiring the submission of such information by each authority including the submission of its proposed budget and a description of its program in support of the application for state financial aid as necessary to enable the department to determine the need for state aid.
[
2020 c 20 s 1106
;
1991 c 199 s 712
;
1987 c 109 s 41
;
1969 ex.s. c 168 s 37
;
1967 c 238 s 51
. Formerly RCW 70.94.385
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3070
Hearing upon activation of authority
—
Finding
—
Assumption of jurisdiction by department
—
Expenses.
The department may, at any time and on its own motion, hold a hearing to determine if the activation of an authority is necessary for the prevention, abatement, and control of air pollution which exists or is likely to exist in any area of the state. Notice of such hearing shall be conducted in accordance with chapter
42.30
RCW and chapter
34.05
RCW. If at such hearing the department finds that air pollution exists or is likely to occur in a particular area, and that the purposes of this chapter and the public interest will be best served by the activation of an authority it shall designate the boundaries of such area and set forth in a report to the appropriate county or counties recommendations for the activation of an authority: PROVIDED, That if at such hearing the department determines that the activation of an authority is not practical or feasible for the reason that a local or regional air pollution control program cannot be successfully established or operated due to unusual circumstances and conditions, but that the control and/or prevention of air pollution is necessary for the purposes of this chapter and the public interest, it may assume jurisdiction and so declare by order. Such order shall designate the geographic area in which, and the effective date upon which, the department will exercise jurisdiction for the control and/or prevention of air pollution. The department shall exercise its powers and duties in the same manner as if it had assumed authority under RCW 70A.15.3110
.
All expenses incurred by the department in the control and prevention of air pollution in any county pursuant to the provisions of RCW 70A.15.3070
and
70A.15.3110
shall constitute a claim against such county. The department shall certify the expenses to the auditor of the county, who promptly shall issue his or her warrant on the county treasurer payable out of the current expense fund of the county. In the event that the amount in the current expense fund of the county is not adequate to meet the expenses incurred by the department, the department shall certify to the state treasurer that it has a prior claim on any money in the "liquor excise tax fund" that is to be apportioned to that county by the state treasurer as provided in RCW 82.08.170
. In the event that the amount in the "liquor excise tax fund" that is to be apportioned to that county by the state treasurer is not adequate to meet the expenses incurred by the department, the department shall certify to the state treasurer that they have a prior claim on any excess funds from the liquor revolving fund that are to be distributed to that county as provided in RCW 66.08.190
through *
66.08.220
. All moneys that are collected as provided in this section shall be placed in the general fund in the account of the office of air programs of the department.
[
2020 c 20 s 1107
;
2012 c 117 s 408
;
1987 c 109 s 42
;
1969 ex.s. c 168 s 38
;
1967 c 238 s 52
. Formerly RCW 70.94.390
.]
NOTES:
*Reviser's note:
RCW 66.08.220
was repealed by
2012 c 2 s 215
(Initiative Measure No. 1183).
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3080
Air contaminant sources
—
Regulation by department; authorities may be more stringent
—
Hearing
—
Standards.
If the department finds, after public hearing upon due notice to all interested parties, that the emissions from a particular type or class of air contaminant source should be regulated on a statewide basis in the public interest and for the protection of the welfare of the citizens of the state, it may adopt and enforce rules to control and/or prevent the emission of air contaminants from such source. An authority may, after public hearing and a finding by the board of a need for more stringent rules than those adopted by the department under this section, propose the adoption of such rules by the department for the control of emissions from the particular type or class of air contaminant source within the geographical area of the authority. The department shall hold a public hearing and shall adopt the proposed rules within the area of the requesting authority, unless it finds that the proposed rules are inconsistent with the rules adopted by the department under this section. When such standards are adopted by the department it shall delegate solely to the requesting authority all powers necessary for their enforcement at the request of the authority. If after public hearing the department finds that the regulation on a statewide basis of a particular type or class of air contaminant source is no longer required for the public interest and the protection of the welfare of the citizens of the state, the department may relinquish exclusive jurisdiction over such source.
[
1991 c 199 s 713
;
1987 c 109 s 43
;
1969 ex.s. c 168 s 39
;
1967 c 238 s 53
. Formerly RCW 70.94.395
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3090
Order activating authority
—
Filing
—
Hearing
—
Amendment of order.
If, at the end of ninety days after the department issues a report as provided for in RCW 70A.15.3070, to appropriate county or counties recommending the activation of an authority such county or counties have not performed those actions recommended by the department, and the department is still of the opinion that the activation of an authority is necessary for the prevention, abatement and control of air pollution which exists or is likely to exist, then the department may, at its discretion, issue an order activating an authority. Such order, a certified copy of which shall be filed with the secretary of state, shall specify the participating county or counties and the effective date by which the authority shall begin to function and exercise its powers. Any authority activated by order of the department shall choose the members of its board as provided in RCW 70A.15.2000
and begin to function in the same manner as if it had been activated by resolutions of the county or counties included within its boundaries. The department may, upon due notice to all interested parties, conduct a hearing in accordance with chapter
42.30
RCW and chapter
34.05
RCW within six months after the order was issued to review such order and to ascertain if such order is being carried out in good faith. At such time the department may amend any such order issued if it is determined by the department that such order is being carried out in bad faith or the department may take the appropriate action as is provided in RCW 70A.15.3110
.
[
2020 c 20 s 1108
;
1987 c 109 s 44
;
1969 ex.s. c 168 s 40
;
1967 c 238 s 54
. Formerly RCW 70.94.400
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3100
Air pollution control authority
—
Review by department of program.
At any time after an authority has been activated for no less than one year, the department may, on its own motion, conduct a hearing held in accordance with chapters
42.30
and
34.05
RCW, to determine whether or not the air pollution prevention and control program of such authority is being carried out in good faith and is as effective as possible. If at such hearing the department finds that such authority is not carrying out its air pollution control or prevention program in good faith, is not doing all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, or is not carrying out the provisions of this chapter, it shall set forth in a report or order to the appropriate authority: (1) Its recommendations as to how air pollution prevention and/or control might be more effectively accomplished; and (2) guidelines which will assist the authority in carrying out the recommendations of the department.
[
1991 c 199 s 714
;
1987 c 109 s 45
;
1969 ex.s. c 168 s 41
;
1967 c 238 s 55
. Formerly RCW 70.94.405
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3110
Air pollution control authority
—
Assumption of control by department.
(1) If, after thirty days from the time that the department issues a report or order to an authority under RCW 70A.15.3090
and
70A.15.3100, such authority has not taken action which indicates that it is attempting in good faith to implement the recommendations or actions of the department as set forth in the report or order, the department may, by order, declare as null and void any or all ordinances, resolutions, rules or regulations of such authority relating to the control and/or prevention of air pollution, and at such time the department shall become the sole body with authority to make and enforce rules and regulations for the control and/or prevention of air pollution within the geographical area of such authority. If this occurs, the department may assume all those powers which are given to it by law to effectuate the purposes of this chapter. The department may, by order, continue in effect and enforce provisions of the ordinances, resolutions, or rules of such authority which are not less stringent than those requirements which the department may have found applicable to the area under RCW 70A.15.3000, until such time as the department adopts its own rules. Any rules promulgated by the department shall be subject to the provisions of chapter
34.05
RCW. Any enforcement actions shall be subject to RCW 43.21B.300
or
43.21B.310
.
(2) No provision of this chapter is intended to prohibit any authority from reestablishing its air pollution control program which meets with the approval of the department and which complies with the purposes of this chapter and with applicable rules and orders of the department.
(3) Nothing in this chapter shall prevent the department from withdrawing the exercise of its jurisdiction over an authority upon its own motion if the department has found at a hearing held in accordance with chapters
42.30
and
34.05
RCW, that the air pollution prevention and control program of such authority will be carried out in good faith, that such program will do all that is possible and reasonable to control and/or prevent air pollution within the geographical area over which it has jurisdiction, and that the program complies with the provisions of this chapter. Upon the withdrawal of the department, the department shall prescribe certain recommendations as to how air pollution prevention and/or control is to be effectively accomplished and guidelines which will assist the authority in carrying out the recommendations of the department.
[
2020 c 20 s 1109
;
1991 c 199 s 715
;
1987 c 109 s 46
;
1969 ex.s. c 168 s 42
;
1967 c 238 s 56
. Formerly RCW 70.94.410
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3120
State departments and agencies to cooperate with department and authorities.
It is declared to be the intent of the legislature of the state of Washington that any state department or agency having jurisdiction over any building, installation, other property, or other activity creating or likely to create significant air pollution shall cooperate with the department and with air pollution control agencies in preventing and/or controlling the pollution of the air in any area insofar as the discharge of air contaminants from or by such building, installation, other property, or activity may cause or contribute to pollution of the air in such area. Such state department or agency shall comply with the provisions of this chapter and with any ordinance, resolution, rule or regulation issued hereunder in the same manner as any other person subject to such laws or rules.
[
1991 c 199 s 716
;
1987 c 109 s 47
;
1969 ex.s. c 168 s 44
;
1967 c 238 s 58
. Formerly RCW 70.94.420
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3130
Department of health powers regarding radionuclides
—
Energy facility site evaluation council authority over permit program sources.
(1) The department of health shall have all the enforcement powers as provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 70A.15.3160
(1) through (7), and
70A.15.3170
with respect to emissions of radionuclides. This section does not preclude the department of ecology from exercising its authority under this chapter.
(2) Permits for energy facilities subject to chapter
80.50
RCW shall be issued by the energy facility site evaluation council. However, the permits become effective only if the governor approves an application for certification and executes a certification agreement under chapter
80.50
RCW. The council shall have all powers necessary to administer an operating permits program pertaining to such facilities, consistent with applicable air quality standards established by the department or local air pollution control authorities, or both, and to obtain the approval of the United States environmental protection agency. The council's powers include, but are not limited to, all of the enforcement powers provided in RCW 70A.15.3010, 70A.15.3140, 70A.15.3150, 70A.15.3160
(1) through (7), and
70A.15.3170
with respect to permit program sources required to obtain certification from the council under chapter
80.50
RCW. To the extent not covered under RCW 80.50.071, the council may collect fees as granted to delegated local air authorities under RCW 70A.15.2210, 70A.15.2260
(14) and (15), 70A.15.2270, and
70A.15.2230
(7) with respect to permit program sources required to obtain certification from the council under chapter
80.50
RCW. The council and the department shall each establish procedures that provide maximum coordination and avoid duplication between the two agencies in carrying out the requirements of this chapter.
[
2020 c 20 s 1110
;
1993 c 252 s 7
. Formerly RCW 70.94.422
.]
RCW 70A.15.3140
Restraining orders
—
Injunctions.
Notwithstanding the existence or use of any other remedy, whenever any person has engaged in, or is about to engage in, any acts or practices which constitute or will constitute a violation of any provision of this chapter, or any rule, regulation or order issued thereunder, the governing body or board or the department, after notice to such person and an opportunity to comply, may petition the superior court of the county wherein the violation is alleged to be occurring or to have occurred for a restraining order or a temporary or permanent injunction or another appropriate order.
[
1987 c 109 s 48
;
1967 c 238 s 60
. Formerly RCW 70.94.425
.]
NOTES:
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3150
Penalties.
(1) Any person who knowingly violates any of the provisions of this chapter, chapter
70A.25
or
70A.60
RCW, or any ordinance, resolution, or regulation in force pursuant thereto is guilty of a gross misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000, or by imprisonment in the county jail for up to 364 days, or by both for each separate violation.
(2) Any person who negligently releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who at the time negligently places another person in imminent danger of death or substantial bodily harm is guilty of a gross misdemeanor and shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for up to 364 days, or both.
(3) Any person who knowingly releases into the ambient air any substance listed by the department of ecology as a hazardous air pollutant, other than in compliance with the terms of an applicable permit or emission limit, and who knows at the time that he or she thereby places another person in imminent danger of death or substantial bodily harm, is guilty of a class C felony and shall, upon conviction, be punished by a fine of not less than $50,000, or by imprisonment for not more than five years, or both.
(4) Any person who knowingly fails to disclose a potential conflict of interest under RCW 70A.15.2000
is guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $5,000.
[
2025 c 319 s 7
;
2023 c 470 s 1017
. Prior:
2021 c 317 s 24
;
2021 c 315 s 15
;
2020 c 20 s 1111
;
2019 c 284 s 4
;
2011 c 96 s 49
;
2003 c 53 s 355
;
1991 c 199 s 310
;
1984 c 255 s 1
;
1973 1st ex.s. c 176 s 1
;
1967 c 238 s 61
. Formerly RCW 70.94.430
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Severability
—
2021 c 317:
See note following RCW 70A.535.005
.
Finding
—
Intent
—
2019 c 284:
See note following RCW 70A.60.060
.
Findings
—
Intent
—
2011 c 96:
See note following RCW 9A.20.021
.
Intent
—
Effective date
—
2003 c 53:
See notes following RCW 2.48.180
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.3160
Civil penalties
—
Excusable excess emissions.
(1)(a) Except as provided in RCW 43.05.060
through
43.05.080
and
43.05.150, and in addition to or as an alternate to any other penalty provided by law, any person who violates any of the provisions of this chapter, chapter
70A.25, 70A.60, 70A.450, or
70A.540
RCW, RCW 76.04.205, or any of the rules in force under such chapters or section may incur a civil penalty in an amount not to exceed $10,000 per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day's continuance shall be a separate and distinct violation. Enforcement actions related to violations of RCW 76.04.205
must be consistent with the provisions of RCW 76.04.205
.
(b) Any person who fails to take action as specified by an order issued pursuant to this chapter shall be liable for a civil penalty of not more than $10,000 for each day of continued noncompliance.
(2)(a) Penalties incurred but not paid shall accrue interest, beginning on the ninety-first day following the date that the penalty becomes due and payable, at the highest rate allowed by RCW 19.52.020
on the date that the penalty becomes due and payable. If violations or penalties are appealed, interest shall not begin to accrue until the thirty-first day following final resolution of the appeal.
(b) The maximum penalty amounts established in this section may be increased annually to account for inflation as determined by the state office of the economic and revenue forecast council.
(3) Each act of commission or omission which procures, aids or abets in the violation shall be considered a violation under the provisions of this section and subject to the same penalty. The penalties provided in this section shall be imposed pursuant to RCW 43.21B.300
.
(4)(a) Except as provided in (b) of this subsection, all penalties recovered under this section by the department or the department of natural resources shall be paid into the state treasury and credited to the air pollution control account established in RCW 70A.15.1010
or, if recovered by the authority, shall be paid into the treasury of the authority and credited to its funds. If a prior penalty for the same violation has been paid to a local authority, the penalty imposed by the department under subsection (1) of this section shall be reduced by the amount of the payment.
(b) All penalties recovered for violations of chapter
70A.60
RCW must be paid into the state treasury and credited to the refrigerant emission management account created in RCW 70A.60.050
.
(5) To secure the penalty incurred under this section, the state or the authority shall have a lien on any vessel used or operated in violation of this chapter which shall be enforced as provided in RCW 60.36.050
.
(6) Public or private entities that are recipients or potential recipients of department grants, whether for air quality related activities or not, may have such grants rescinded or withheld by the department for failure to comply with provisions of this chapter.
(7) In addition to other penalties provided by this chapter, persons knowingly underreporting emissions or other information used to set fees, or persons required to pay emission or permit fees who are more than ninety days late with such payments may be subject to a penalty equal to three times the amount of the original fee owed.
(8) The department shall develop rules for excusing excess emissions from enforcement action if such excess emissions are unavoidable. The rules shall specify the criteria and procedures for the department and local air authorities to determine whether a period of excess emissions is excusable in accordance with the state implementation plan.
[
2025 c 319 s 8
;
2022 c 179 s 15
. Prior:
2021 c 317 s 25
;
2021 c 315 s 16
;
2021 c 132 s 1
;
2020 c 20 s 1112
;
2019 c 284 s 5
;
2013 c 51 s 6
;
1995 c 403 s 630
;
1991 c 199 s 311
;
1990 c 157 s 1
;
1987 c 109 s 19
;
1984 c 255 s 2
;
1973 1st ex.s. c 176 s 2
;
1969 ex.s. c 168 s 53
. Formerly RCW 70.94.431
.]
NOTES:
Severability
—
2021 c 317:
See note following RCW 70A.535.005
.
Finding
—
Intent
—
2019 c 284:
See note following RCW 70A.60.060
.
Findings
—
Short title
—
Intent
—
1995 c 403:
See note following RCW 34.05.328
.
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Purpose
—
Short title
—
Construction
—
Rules
—
Severability
—
Captions
—
1987 c 109:
See notes following RCW 43.21B.001
.
RCW 70A.15.3170
Additional means for enforcement of chapter.
As an additional means of enforcing this chapter, the governing body or board may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter or of any ordinance, resolution, rule or regulation adopted pursuant hereto, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter or the ordinances, resolutions, rules or regulations, or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any injunction or other relief from the superior court as provided in RCW 70A.15.3140
.
[
2020 c 20 s 1113
;
1967 c 238 s 62
. Formerly RCW 70.94.435
.]
RCW 70A.15.3180
Short title.
This chapter may be known and cited as the "Washington Clean Air Act".
[
1967 c 238 s 63
. Formerly RCW 70.94.440
.]
NOTES:
Short title
—
1991 c 199:
"This chapter shall be known and may be cited as the clean air Washington act." [
1991 c 199 s 721
.]
RCW 70A.15.3500
Woodstoves
—
Policy.
In the interest of the public health and welfare and in keeping with the objectives of RCW 70A.15.1005, the legislature declares it to be the public policy of the state to control, reduce, and prevent air pollution caused by woodstove emissions. It is the state's policy to reduce woodstove emissions by encouraging the department of ecology to continue efforts to educate the public about the effects of woodstove emissions, other heating alternatives, and the desirability of achieving better emission performance and heating efficiency from woodstoves. The legislature further declares that: (1) The purchase of certified woodstoves will not solve the problem of pollution caused by woodstove emissions; and (2) the reduction of air pollution caused by woodstove emissions will only occur when woodstove users adopt proper methods of wood burning.
[
2020 c 20 s 1114
;
1987 c 405 s 1
. Formerly RCW 70.94.450
.]
NOTES:
Severability
—
1987 c 405:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1987 c 405 s 18
.]
RCW 70A.15.3510
Woodstoves
—
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 70A.15.3510
through
70A.15.3620
:
(1) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.
(2) "Department" means the department of ecology.
(3) "Fireplace" means: (a) Any permanently installed masonry fireplace; or (b) any factory-built metal solid fuel burning device designed to be used with an open combustion chamber and without features to control the air to fuel ratio.
(4) "New woodstove" means: (a) A woodstove that is sold at retail, bargained, exchanged, or given away for the first time by the manufacturer, the manufacturer's dealer or agency, or a retailer; and (b) has not been so used to have become what is commonly known as "secondhand" within the ordinary meaning of that term.
(5) "Opacity" means the degree to which an object seen through a plume is obscured, stated as a percentage. The methods approved by the department in accordance with RCW 70A.15.3000
shall be used to establish opacity for the purposes of this chapter.
(6) "Solid fuel burning device" means any device for burning wood, coal, or any other nongaseous and nonliquid fuel, including a woodstove and fireplace.
(7) "Woodstove" means a solid fuel burning device other than a fireplace not meeting the requirements of RCW 70A.15.3530, including any fireplace insert, woodstove, wood burning heater, wood stick boiler, coal-fired furnace, coal stove, or similar device burning any solid fuel 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. The term "woodstove" does not include wood cook stoves.
[
2020 c 20 s 1115
;
1987 c 405 s 2
. Formerly RCW 70.94.453
.]
NOTES:
Reviser's note:
The definitions in this section have been alphabetized pursuant to RCW 1.08.015
(2)(k).
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3520
Residential and commercial construction
—
Burning and heating device standards.
After January 1, 1992, no used solid fuel burning device shall be installed in new or existing buildings unless such device is either Oregon department of environmental quality phase II or United States environmental protection agency certified or a pellet stove either certified or exempt from certification by the United States environmental protection agency.
(1) By July 1, 1992, the state building code council shall adopt rules requiring an adequate source of heat other than woodstoves in all new and substantially remodeled residential and commercial construction. This rule shall apply (a) to areas designated by a county to be an urban growth area under chapter
36.70A
RCW; and (b) to areas designated by the environmental protection agency as being in nonattainment for particulate matter.
(2) For purposes of this section, "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.
[
1991 c 199 s 503
. Formerly RCW 70.94.455
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
RCW 70A.15.3530
Solid fuel burning devices
—
Emission performance standards.
The department of ecology shall establish by rule under chapter
34.05
RCW:
(1) Statewide emission performance standards for new solid fuel burning devices. Notwithstanding any other provision of this chapter which allows an authority to adopt more stringent emission standards, no authority shall adopt any emission standard for new solid fuel burning devices other than the statewide standard adopted by the department under this section.
(a) After January 1, 1995, no solid fuel burning device shall be offered for sale in this state to residents of this state that does not meet the following particulate air contaminant emission standards under the test methodology of the United States environmental protection agency in effect on January 1, 1991, or an equivalent standard under any test methodology adopted by the United States environmental protection agency subsequent to such date: (i) Two and one-half grams per hour for catalytic woodstoves; and (ii) four and one-half grams per hour for all other solid fuel burning devices. For purposes of this subsection, "equivalent" shall mean the emissions limits specified in this subsection multiplied by a statistically reliable conversion factor determined by the department that compares the difference between the emission test methodology established by the United States environmental protection agency prior to May 15, 1991, with the test methodology adopted subsequently by the agency. Subsection (a) of this subsection does not apply to fireplaces.
(b) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 United States environmental protection agency standards for woodstoves or equivalent standard that may be established by the state building code council by rule. Prior to January 1, 1997, the state building code council shall establish by rule a methodology for the testing of factory-built fireplaces. The methodology shall be designed to achieve a particulate air emission standard equivalent to the 1990 United States environmental protection agency standard for woodstoves. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers.
(c) Prior to January 1, 1997, the state building code council shall establish by rule design standards for the construction of new masonry fireplaces in Washington state. In developing the rules, the council shall include on the technical advisory committee at least one representative from the masonry fireplace builders and at least one representative of the factory-built fireplace manufacturers. It shall be the goal of the council to develop design standards that generally achieve reductions in particulate air contaminant emissions commensurate with the reductions being achieved by factory-built fireplaces at the time the standard is established.
(d) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
(e) Subsection (1)(a) of this section shall not apply to fireplaces.
(f) Notwithstanding (a) of this subsection, the department is authorized to adopt, by rule, emission standards adopted by the United States environmental protection agency for new woodstoves sold at retail. For solid fuel burning devices for which the United States environmental protection agency has not established emission standards, the department may exempt or establish, by rule, statewide standards including emission levels and test procedures for such devices and such emission levels and test procedures shall be equivalent to emission levels per pound per hour burned for other new woodstoves and fireplaces regulated under this subsection.
(2) A program to:
(a) Determine whether a new solid fuel burning device complies with the statewide emission performance standards established in subsection (1) of this section; and
(b) Approve the sale of devices that comply with the statewide emission performance standards.
[
1995 c 205 s 3
;
1991 c 199 s 501
;
1987 c 405 s 4
. Formerly RCW 70.94.457
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3540
Sale of unapproved woodstoves
—
Prohibited.
After July 1, 1988, no person shall sell, offer to sell, or knowingly advertise to sell a new woodstove in this state to a resident of this state unless the woodstove has been approved by the department under the program established under RCW 70A.15.3530
.
[
2020 c 20 s 1116
;
1995 c 205 s 4
;
1987 c 405 s 7
. Formerly RCW 70.94.460
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3550
Sale of unapproved woodstoves
—
Penalty.
After July 1, 1988, any person who sells, offers to sell, or knowingly advertises to sell a new woodstove in this state in violation of RCW 70A.15.3540
shall be subject to the penalties and enforcement actions under this chapter.
[
2020 c 20 s 1117
;
1987 c 405 s 8
. Formerly RCW 70.94.463
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3560
Sale of unapproved woodstoves
—
Application of law to advertising media.
Nothing in RCW 70A.15.3540
or
70A.15.3550
shall apply to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium that accepts advertising in good faith and without knowledge of its violation of RCW 70A.15.3510
through
70A.15.3620
.
[
2020 c 20 s 1118
;
1987 c 405 s 12
. Formerly RCW 70.94.467
.]
NOTES:
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3570
Residential solid fuel burning devices
—
Opacity levels
—
Enforcement and public education.
(1) The department shall establish, by rule under chapter
34.05
RCW, (a) a statewide opacity level of twenty percent for residential solid fuel burning devices for the purpose of enforcement on a complaint basis and (b) a statewide opacity of ten percent for purposes of public education.
(2) Notwithstanding any other provision of this chapter which may allow an authority to adopt a more stringent opacity level, no authority shall adopt or enforce an opacity level for solid fuel burning devices other than established in this section.
(3) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
[
1991 c 199 s 502
;
1987 c 405 s 5
. Formerly RCW 70.94.470
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3580
Limitations on burning wood for heat
—
First and second stage burn bans
—
Report on second stage burn ban
—
Exceptions
—
Emergency situations.
(1) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:
(a) Not burn wood in any solid fuel burning device whenever the department has determined under RCW 70A.15.6010
that any air pollution episode exists in that area;
(b) Not burn wood in any solid fuel burning device except those which are either Oregon department of environmental quality phase II or United States environmental protection agency certified or certified by the department under RCW 70A.15.3530
(1) or a pellet stove either certified or issued an exemption by the United States environmental protection agency in accordance with Title 40, Part 60 of the Code of Federal Regulations, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by the department or any authority, for that area.
(i) A first stage of impaired air quality is reached when forecasted meteorological conditions are predicted to cause fine particulate levels to exceed thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within forty-eight hours, except for areas of fine particulate nonattainment or areas at risk for fine particulate nonattainment;
(ii) A first stage burn ban for impaired air quality may be called for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county, when forecasted meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within seventy-two hours; and
(c)(i) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by the department or any authority, for that area. A second stage of impaired air quality is reached when a first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine particulate pollution trend, fine particulates are at an ambient level of twenty-five micrograms per cubic meter measured on a twenty-four hour average, and forecasted meteorological conditions are not expected to allow levels of fine particulates to decline below twenty-five micrograms per cubic meter for a period of twenty-four hours or more from the time that the fine particulates are measured at the trigger level.
(ii) A second stage burn ban may be called without calling a first stage burn ban only when all of the following occur and shall require the department or the local air pollution control authority calling a second stage burn ban under this subsection to comply with the requirements of subsection (3) of this section:
(A) Fine particulate levels have reached or exceeded twenty-five micrograms per cubic meter, measured on a twenty-four hour average;
(B) Meteorological conditions have caused fine particulate levels to rise rapidly;
(C) Meteorological conditions are predicted to cause fine particulate levels to exceed the thirty-five micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours; and
(D) Meteorological conditions are highly likely to prevent sufficient dispersion of fine particulate.
(iii) In fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, a second stage burn ban may be called for the county containing the nonattainment area or areas at risk for nonattainment, and when feasible only for the necessary portions of the county, without calling a first stage burn ban only when (c)(ii)(A), (B), and (D) of this subsection have been met and meteorological conditions are predicted to cause fine particulate levels to reach or exceed thirty micrograms per cubic meter, measured on a twenty-four hour average, within twenty-four hours.
(2) Actions of the department and local air pollution control authorities under this section shall preempt actions of other state agencies and local governments for the purposes of controlling air pollution from solid fuel burning devices, except where authorized by chapter 199, Laws of 1991.
(3)(a) The department or any local air pollution control authority that has called a second stage burn ban under the authority of subsection (1)(c)(ii) of this section shall, within ninety days, prepare a written report describing:
(i) The meteorological conditions that resulted in their calling the second stage burn ban;
(ii) Whether the agency could have taken actions to avoid calling a second stage burn ban without calling a first stage burn ban; and
(iii) Any changes the department or authority is making to its procedures of calling first stage and second stage burn bans to avoid calling a second stage burn ban without first calling a first stage burn ban.
(b) After consulting with affected parties, the department shall prescribe the format of such a report and may also require additional information be included in the report. All reports shall be sent to the department and the department shall keep the reports on file for not less than five years and available for public inspection and copying in accordance with RCW 42.56.090
.
(4) For the purposes of chapter 219, Laws of 2012, an area at risk for nonattainment means an area where the three-year average of the annual ninety-eighth percentile of twenty-four hour fine particulate values is greater than twenty-nine micrograms per cubic meter, based on the years 2008 through 2010 monitoring data.
(5)(a) Nothing in this section restricts a person from installing or repairing a certified solid fuel burning device approved by the department under the program established under RCW 70A.15.3530
in a residence or commercial establishment or from replacing a solid fuel burning device with a certified solid fuel burning device. Nothing in this section restricts a person from burning wood in a solid fuel burning device, regardless of whether a burn ban has been called, if there is an emergency power outage. In addition, for the duration of an emergency power outage, nothing restricts the use of a solid fuel burning device or the temporary installation, repair, or replacement of a solid fuel burning device to prevent the loss of life, health, or business.
(b) For the purposes of this subsection, an emergency power outage includes:
(i) Any natural or human-caused event beyond the control of a person that leaves the person's residence or commercial establishment temporarily without an adequate source of heat other than the solid fuel burning device; or
(ii) A natural or human-caused event for which the governor declares an emergency in an area under chapter
43.06
RCW, including a public disorder, disaster, or energy emergency under RCW 43.06.010
(12).
[
2020 c 20 s 1119
;
2016 c 187 s 1
;
2012 c 219 s 1
;
2008 c 40 s 1
;
2007 c 339 s 1
;
2005 c 197 s 1
;
1998 c 342 s 8
;
1995 c 205 s 1
;
1991 c 199 s 504
;
1990 c 128 s 2
;
1987 c 405 s 6
. Formerly RCW 70.94.473
.]
NOTES:
Finding
—
1991 c 199:
See note following RCW 70A.15.1005
.
Severability
—
1987 c 405:
See note following RCW 70A.15.3500
.
RCW 70A.15.3590
Liability of condominium owners' association or resident association.
A condominium owners' association or an association formed by residents of a multiple-family dwelling are not liable for violations of RCW 70A.15.3580
by a resident of a condominium or multiple-family dwelling. The associations shall cooperate with local air pollution control authorities to acquaint residents with the provisions of this section.
[
2020 c 20 s 1120
;
1990 c 157 s 2
. Formerly RCW 70.94.475
.]