reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1040 - Environmental excellence program agreements—Effect on chapter.

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other provision of law, any legal requirement under this chapter, including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions of an environmental excellence program agreement, entered into under chapter 43.21K RCW.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 § 21. Formerly RCW 70.94.033.]
NOTES:
Purpose—1997 c 381: See RCW 43.21K.005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1050 - Technical assistance program for regulated community.

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 § 308. Formerly RCW 70.94.035.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1060 - Transportation activities—"Conformity" determination requirements.

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 § 219. Formerly RCW 70.94.037.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1070 - Causing or permitting air pollution unlawful—Exception.

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 § 1082; 1980 c 175 § 2; 1967 c 238 § 3; 1957 c 232 § 4. Formerly RCW 70.94.040.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1080 - Exception—Burning wood at historic structure.

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 § 1083; 1991 c 199 § 506; 1983 c 3 § 175; 1977 ex.s. c 38 § 1. Formerly RCW 70.94.041.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1090 - Policy to cooperate with federal government.

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 § 49; 1969 ex.s. c 168 § 45. Formerly RCW 70.94.510.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1100 - Issuance of enforceable order—Overburdened communities.

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 § 35.]
NOTES:
Short title—2021 c 316: See RCW 70A.65.900.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1500 - Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution regions, considerations.

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 § 1084; 1995 c 135 § 5. Prior: 1991 c 363 § 143; 1991 c 199 § 701; 1991 c 125 § 1; prior: 1987 c 505 § 60; 1987 c 109 § 34; 1979 c 141 § 120; 1967 c 238 § 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.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1510 - Air pollution control authority may be activated by counties, when.

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 § 6. Prior: 1991 c 363 § 144; 1991 c 199 § 702; 1967 c 238 § 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.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.

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 § 6. Formerly RCW 70.94.057.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1530 - Merger of active and inactive authorities to form multicounty or regional authority—Procedure.

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 § 3; 1967 c 238 § 11. Formerly RCW 70.94.068.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1540 - Merger of active and inactive authorities to form multicounty or regional authority—Reorganization of board of directors—Rules and regulations.

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 § 1085; 1969 ex.s. c 168 § 4; 1967 c 238 § 12. Formerly RCW 70.94.069.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1550 - Resolutions activating authorities—Contents—Filings—Effective date of operation.

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 § 5; 1967 c 238 § 13; 1957 c 232 § 7. Formerly RCW 70.94.070.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1560 - Powers and duties of authorities.

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 § 6; 1967 c 238 § 14. Formerly RCW 70.94.081.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1580 - Excess tax levy authorized—Election, procedure, expense.

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 § 84; 1969 ex.s. c 168 § 7; 1967 c 238 § 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.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1590 - Air pollution control authority—Fiscal year—Adoption of budget—Contents.

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 § 703; 1975 1st ex.s. c 106 § 1; 1969 ex.s. c 168 § 8; 1967 c 238 § 16. Formerly RCW 70.94.092.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1610 - Designation of authority treasurer and auditor—Duties.

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 § 1; 1969 ex.s. c 168 § 10; 1967 c 238 § 18. Formerly RCW 70.94.094.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1620 - Assessed valuation of taxable property, certification by county assessors.

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 § 405; 1969 ex.s. c 168 § 11; 1967 c 238 § 19. Formerly RCW 70.94.095.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1630 - Authorization to borrow money.

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 § 12; 1967 c 238 § 20. Formerly RCW 70.94.096.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.1640 - Special air pollution studies—Contracts for conduct of.

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 § 2. Formerly RCW 70.94.097.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2010 - City selection committees.

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 § 2; 1967 c 238 § 22; 1963 c 27 § 1; 1957 c 232 § 11. Formerly RCW 70.94.110.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2030 - Air pollution control authority—Board of directors—Powers, quorum, officers, compensation.

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 § 1087; 1998 c 342 § 1; 1991 c 199 § 705; 1969 ex.s. c 168 § 15; 1967 c 238 § 24; 1957 c 232 § 13. Formerly RCW 70.94.130.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.

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 § 1088; 2012 c 117 § 407; 1987 c 109 § 35; 1969 ex.s. c 168 § 17; 1967 c 238 § 26. Formerly RCW 70.94.142.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2060 - Federal aid.

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 § 1089; 1987 c 109 § 36; 1969 ex.s. c 168 § 18; 1967 c 238 § 27. Formerly RCW 70.94.143.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2220 - Existing stationary source—Replacement or substantial alteration of emission control technology.

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 § 1092; 1991 c 199 § 303. Formerly RCW 70.94.153.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2240 - Control of emissions—Bubble concept—Schedules of compliance.

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 § 305; 1981 c 224 § 1; 1973 1st ex.s. c 193 § 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.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2250 - Preemption of uniform building and fire codes.

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 § 315. Formerly RCW 70.94.157.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2280 - Source categories not required to have a permit—Recommendations.

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 § 1096; 1991 c 199 § 304. Formerly RCW 70.94.163.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2290 - Gasoline vapor recovery devices—Limitation on requiring.

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 § 1097; 1996 c 294 § 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 § 2.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2300 - Air pollution control authority control officer.

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 § 707; 1969 ex.s. c 168 § 21; 1967 c 238 § 30; 1957 c 232 § 17. Formerly RCW 70.94.170.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2500 - Investigation of conditions by control officer or department—Entering private, public property.

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 § 38; 1979 c 141 § 121; 1967 c 238 § 32; 1957 c 232 § 20. Formerly RCW 70.94.200.]
NOTES:
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2510 - Confidentiality of records and information.

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 § 307; 1973 1st ex.s. c 193 § 4; 1969 ex.s. c 168 § 23; 1967 c 238 § 33. Formerly RCW 70.94.205.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2520 - Enforcement actions by air authority—Notice to violators.

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 § 1099; 1991 c 199 § 309; 1974 ex.s. c 69 § 4; 1970 ex.s. c 62 § 57; 1969 ex.s. c 168 § 24; 1967 c 238 § 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.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2530 - Order final unless appealed to pollution control hearings board.

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 § 58; 1969 ex.s. c 168 § 25; 1967 c 238 § 35. Formerly RCW 70.94.221.]
NOTES:
Savings—Effective date—Severability—1970 ex.s. c 62: See notes following RCW 43.21A.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2540 - Rules of authority supersede local rules, regulations, etc.—Exceptions.

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 § 28; 1967 c 238 § 38; 1957 c 232 § 23. Formerly RCW 70.94.230.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2550 - Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded.

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 § 1100; 1991 c 199 § 708; 1969 ex.s. c 168 § 29; 1967 c 238 § 39. Formerly RCW 70.94.231.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.2560 - Air pollution control advisory council.

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 § 709; 1969 ex.s. c 168 § 30; 1967 c 238 § 41; 1957 c 232 § 24. Formerly RCW 70.94.240.]
NOTES:
Finding—1991 c 199: See note following RCW 70A.15.1005.