reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4080 - Transportation demand management—Use of funds.

RCW 70A.15.4080
Transportation demand management—Use of funds.
A portion of the funds made available for the purposes of this chapter shall be used to fund the commute trip reduction board in carrying out the responsibilities of RCW 70A.15.4060, and the department of transportation, including the activities authorized under RCW 70A.15.4070(2), and to assist regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. The commute trip reduction board shall determine the allocation of program funds made available for the purposes of this chapter to regional transportation planning organizations, counties, cities, and towns implementing commute trip reduction plans. If state funds for the purposes of this chapter are provided to those jurisdictions implementing voluntary commute trip reduction plans, the funds shall be disbursed based on criteria established by the commute trip reduction board under RCW 70A.15.4060.
[ 2020 c 20 § 1130; 2006 c 329 § 9; 2001 c 74 § 1; 1991 c 202 § 17. Formerly RCW 70.94.544.]
NOTES:
Captions not law—Effective date—Severability—1991 c 202: See notes following RCW 47.50.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4090 - Transportation demand management—Intent—State leadership.

RCW 70A.15.4090
Transportation demand management—Intent—State leadership.
The legislature hereby recognizes the state's crucial leadership role in establishing and implementing effective commute trip reduction programs. Therefore, it is the policy of the state that the department of transportation and other state agencies, including institutions of higher education, shall aggressively develop substantive programs to reduce commute trips by state employees. Implementation of these programs will reduce energy consumption, congestion in urban areas, and air and water pollution associated with automobile travel.
[ 2009 c 427 § 2; 2006 c 329 § 10; 1991 c 202 § 18. Formerly RCW 70.94.547.]
NOTES:
Captions not law—Effective date—Severability—1991 c 202:See notes following RCW 47.50.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4110 - Transportation demand management—Collective bargaining powers unaffected.

RCW 70A.15.4110
Transportation demand management—Collective bargaining powers unaffected.
Nothing in chapter 329, Laws of 2006 preempts the ability of state employees to collectively bargain over commute trip reduction issues, including parking fees under chapter 41.80 RCW, or the ability of private sector employees to collectively bargain over commute trip reduction issues if previously such issues were mandatory subjects of collective bargaining.
[ 2006 c 329 § 3. Formerly RCW 70.94.555.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4500 - Reports of authorities to department of ecology—Contents.

RCW 70A.15.4500
Reports of authorities to department of ecology—Contents.
All authorities in the state shall submit quarterly reports to the department of ecology detailing the current status of air pollution control regulations in the authority and, by county, the progress made toward bringing all sources in the authority into compliance with authority standards.
[ 1979 ex.s. c 30 § 14; 1969 ex.s. c 168 § 52. Formerly RCW 70.94.600.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4510 - Burning used oil fuel in land-based facilities.

RCW 70A.15.4510
Burning used oil fuel in land-based facilities.
(1) Except as provided in subsection (2) of this section, a person may not burn used oil as fuel in a land-based facility or in state waters unless the used oil meets the following standards:
(a) Cadmium: 2 ppm maximum
(b) Chromium: 10 ppm maximum
(c) Lead: 100 ppm maximum
(d) Arsenic: 5 ppm maximum
(e) Total halogens: 1000 ppm maximum
(f) Polychlorinated biphenyls: 2 ppm maximum
(g) Ash: .1 percent maximum
(h) Sulfur: 1.0 percent maximum
(i) Flash point: 100 degrees Fahrenheit minimum.
(2) This section shall not apply to: (a) Used oil burned in space heaters if the space heater has a maximum heat output of not greater than 0.5 million btu's per hour or used oil burned in facilities permitted by the department or a local air pollution control authority; or (b) ocean-going vessels.
(3) This section shall not apply to persons in the business of collecting used oil from residences when under authorization by a city, county, or the utilities and transportation commission.
[ 1991 c 319 § 311. Formerly RCW 70.94.610.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4520 - Metals mining and milling operations permits—Inspections by department of ecology.

RCW 70A.15.4520
Metals mining and milling operations permits—Inspections by department of ecology.
If a metals mining and milling operation is issued a permit pursuant to this chapter, then it will be subject to special inspection requirements. The department of ecology shall inspect these mining operations at least quarterly in order to ensure that the operation is in compliance with the conditions of any permit issued to it pursuant to this chapter. The department shall conduct additional inspections during the construction phase of the mining and milling operation in order to ensure compliance with this chapter.
[ 1994 c 232 § 18. Formerly RCW 70.94.620.]
NOTES:
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.4540 - Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.

RCW 70A.15.4540
Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.
The department shall not regulate ammonia emissions resulting from the storage, distribution, transport, or application of ammonia for use as an agricultural or silvicultural fertilizer.
[ 1996 c 204 § 2. Formerly RCW 70.94.645.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5000 - Definition of "outdoor burning."

RCW 70A.15.5000
Definition of "outdoor burning."
As used in this subchapter, "outdoor burning" means the combustion of material of any type in an open fire or in an outdoor container without providing for the control of combustion or the control of emissions from the combustion.
[ 2009 c 118 § 101. Formerly RCW 70.94.6511.]
NOTES:
Purpose—2009 c 118: "The purpose of this act is to make technical, nonsubstantive changes to outdoor burning provisions of the Washington clean air act, chapter 70.94 RCW, to improve clarity. No provision of this act may be construed as a substantive change to the Washington clean air act." [ 2009 c 118 § 1.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.

RCW 70A.15.5010
Outdoor burning—Fires prohibited—Exceptions.
Except as provided in RCW 70A.15.5180, no person shall cause or allow any outdoor fire:
(1) Containing garbage, dead animals, asphalt, petroleum products, paints, rubber products, plastics, or any substance other than natural vegetation that normally emits dense smoke or obnoxious odors. Agricultural heating devices that otherwise meet the requirements of this chapter shall not be considered outdoor fires under this section;
(2) During a forecast, alert, warning or emergency condition as defined in RCW 70A.15.6010 or impaired air quality condition as defined in RCW 70A.15.3580.
[ 2020 c 20 § 1133; 2009 c 118 § 102; 1995 c 362 § 2; 1991 c 199 § 410; 1974 ex.s. c 164 § 1; 1973 2nd ex.s. c 11 § 1; 1973 1st ex.s. c 193 § 9. Formerly RCW 70.94.6512, 70.94.775.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
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.15.5030 - Outdoor burning—Permits issued by political subdivisions.

RCW 70A.15.5030
Outdoor burning—Permits issued by political subdivisions.
In addition to any other powers granted to them by law, the fire protection agency, county, or conservation district issuing burning permits shall regulate or prohibit outdoor burning as necessary to prevent or abate the nuisances caused by such burning. No fire protection agency, county, or conservation district may issue a burning permit in an area where the department or local board has declared any stage of impaired air quality per RCW 70A.15.3580 or any stage of an air pollution episode. All burning permits issued shall be subject to all applicable fee, permitting, penalty, and enforcement provisions of this chapter. The permitted burning shall not cause damage to public health or the environment.
Any entity issuing a permit under this section may charge a fee at the level necessary to recover the costs of administering and enforcing the permit program.
[ 2020 c 20 § 1135; 1991 c 199 § 411; 1973 1st ex.s. c 193 § 10. Formerly RCW 70.94.6516, 70.94.780.]
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.15.5040 - Limited outdoor burning—Establishment of program.

RCW 70A.15.5040
Limited outdoor burning—Establishment of program.
Each activated air pollution control authority, and the department of ecology in those areas outside the jurisdictional boundaries of an activated air pollution control authority, shall establish, through regulations, ordinances, or policy, a program implementing the limited burning policy authorized by RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080.
[ 2020 c 20 § 1136; 2009 c 118 § 201; 1997 c 225 § 2; 1972 ex.s. c 136 § 4. Formerly RCW 70.94.6518, 70.94.755.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5050 - Limited outdoor burning—Construction.

RCW 70A.15.5050
Limited outdoor burning—Construction.
Nothing contained in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080 is intended to alter or change the provisions of RCW 70A.15.5120, 70A.15.6000 through 70A.15.6040, and 76.04.205.
[ 2020 c 20 § 1137; 2009 c 118 § 202; 1986 c 100 § 55; 1972 ex.s. c 136 § 5. Formerly RCW 70.94.6520, 70.94.760.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5060 - Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.

RCW 70A.15.5060
Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.
Nothing in RCW 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080 shall be construed as prohibiting a local air pollution control authority or the department of ecology in those areas outside the jurisdictional boundaries of an activated pollution control authority from allowing the burning of outdoor fires.
[ 2020 c 20 § 1138; 2009 c 118 § 203; 1972 ex.s. c 136 § 6. Formerly RCW 70.94.6522, 70.94.765.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5080 - Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.

RCW 70A.15.5080
Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.
The following outdoor fires described in this section may be burned subject to the provisions of this chapter and also subject to city ordinances, county resolutions, rules of fire districts and laws, and rules enforced by the department of natural resources if a permit has been issued by a fire protection agency, county, or conservation district:
(1) Fires consisting of leaves, clippings, prunings and other yard and gardening refuse originating on lands immediately adjacent and in close proximity to a human dwelling and burned on such lands by the property owner or his or her designee.
(2) Fires consisting of residue of a natural character such as trees, stumps, shrubbery or other natural vegetation arising from land clearing projects or agricultural pursuits for pest or disease control; except that the fires described in this subsection may be prohibited in those areas having a general population density of one thousand or more persons per square mile.
[ 2009 c 118 § 302; 1991 c 199 § 412; 1972 ex.s. c 136 § 3. Formerly RCW 70.94.6526, 70.94.750.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
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.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.

RCW 70A.15.5100
Delegation of permit issuance and enforcement to political subdivisions.
Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70A.15.5090, 70A.15.5180, and 70A.15.5210 and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district. Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.
[ 2020 c 20 § 1141; 2009 c 118 § 402; 1993 c 353 § 2; 1991 c 199 § 409; 1973 1st ex.s. c 193 § 6. Formerly RCW 70.94.6530, 70.94.654.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
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.15.5120 - Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees.

RCW 70A.15.5120
Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees.
(1) The department of natural resources is responsible for issuing and regulating burning permits required by it relating to the following activities for the protection of life or property and for the public health, safety, and welfare:
(a) Abating or prevention of a forest fire hazard;
(b) Reducing the risk of a wildfire under RCW 70A.15.5020(5);
(c) Instruction of public officials in methods of forest firefighting;
(d) Any silvicultural operation to improve the forestlands of the state, including but not limited to forest health and resiliency, decreasing forest insect or disease susceptibility, maintaining or restoring native vegetation, or otherwise enhancing resiliency to fire; and
(e) Silvicultural burning used to improve or maintain fire dependent ecosystems for rare plants or animals within state, federal, and private natural area preserves, natural resource conservation areas, parks, and other wildlife areas.
(2) The department of natural resources shall not retain such authority, but it shall be the responsibility of the appropriate fire protection agency for permitting and regulating outdoor burning on lands where the department of natural resources does not have fire protection responsibility, except for the issuance of permits for reducing the risk of wildfire under RCW 70A.15.5020(5). The department of natural resources may enter into cooperative agreements with local fire protection agencies to issue permits for reducing wildfire risk under RCW 70A.15.5020(5).
(3) Permit fees shall be assessed for wildfire risk reduction and for silvicultural burning under the jurisdiction of the department of natural resources and collected by the department of natural resources as provided for in this section. All fees shall be deposited in the air pollution control account, created in RCW 70A.15.1010. The legislature shall appropriate to the department of natural resources funds from the air pollution control account to enforce and administer the program under this section and RCW 70A.15.5130, 70A.15.5140, and 70A.15.5150. Fees shall be set by rule by the department of natural resources at the level necessary to cover the costs of the program after receiving recommendations on such fees from the public.
[ 2020 c 20 § 1143; 2019 c 305 § 5; 2010 1st sp.s. c 7 § 128; 2009 c 118 § 501; 1991 c 199 § 404; 1971 ex.s. c 232 § 2. Formerly RCW 70.94.6534, 70.94.660.]
NOTES:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Purpose—2009 c 118: See note following RCW 70A.15.5000.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Burning permits, issuance, air pollution a factor: RCW 76.04.205.
Disposal of forest debris: RCW 76.04.650.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5150 - Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits.

RCW 70A.15.5150
Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits.
In the regulation of outdoor burning not included in RCW 70A.15.5120 requiring permits from the department of natural resources, said department and the state, local, or regional air pollution control authorities will cooperate in regulating such burning so as to minimize insofar as possible duplicate inspections and separate permits while still accomplishing the objectives and responsibilities of the respective agencies. The department of natural resources shall include any local authority's burning regulations with permits issued where applicable pursuant to RCW 70A.15.5010, 70A.15.5020, 70A.15.5040, 70A.15.5050, 70A.15.5060, 70A.15.5070, and 70A.15.5080. The department shall develop agreements with all local authorities to coordinate regulations.
Permits shall be withheld by the department of natural resources when so requested by the department of ecology if a forecast, alert, warning, or emergency condition exists as defined in the episode criteria of the department of ecology.
[ 2020 c 20 § 1145; 2009 c 118 § 503; 1991 c 199 § 406; 1971 ex.s. c 232 § 5. Formerly RCW 70.94.6540, 70.94.690.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
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.15.5160 - Adoption of rules.

RCW 70A.15.5160
Adoption of rules.
The department of natural resources and the department of ecology may adopt rules necessary to implement their respective responsibilities under the provisions of RCW 70A.15.5090, 70A.15.5100, 70A.15.5110, 70A.15.5120, 70A.15.5130, 70A.15.5140, 70A.15.5150, 70A.15.5160, and 70A.15.5170.
[ 2020 c 20 § 1146; 2009 c 118 § 504; 1971 ex.s. c 232 § 6. Formerly RCW 70.94.6542, 70.94.700.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5170 - Burning permits for regeneration of rare and endangered plants.

RCW 70A.15.5170
Burning permits for regeneration of rare and endangered plants.
Nothing in this chapter prohibits fires necessary to promote the regeneration of rare and endangered plants found within natural area preserves as identified under chapter 79.70 RCW. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[ 2009 c 118 § 703; 1991 c 199 § 407. Formerly RCW 70.94.6544, 70.94.651.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
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.15.5190 - Outdoor burning allowed for managing storm or flood-related debris.

RCW 70A.15.5190
Outdoor burning allowed for managing storm or flood-related debris.
Consistent with RCW 70A.15.5020, outdoor burning may be allowed anywhere in the state for the exclusive purpose of managing storm or flood-related debris.
[ 2020 c 20 § 1148; 2009 c 118 § 701. Formerly RCW 70.94.6548.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5200 - Fires necessary for Indian ceremonies or smoke signals.

RCW 70A.15.5200
Fires necessary for Indian ceremonies or smoke signals.
Nothing in this chapter prohibits fires necessary for Indian ceremonies or for the sending of smoke signals if part of a religious ritual. Permits issued for burning under this section shall be drafted to minimize emissions including denial of permission to burn during periods of adverse meteorological conditions.
[ 2009 c 118 § 702. Formerly RCW 70.94.6550.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5210 - Permit to set fires for weed abatement.

RCW 70A.15.5210
Permit to set fires for weed abatement.
Any person who proposes to set fires in the course of weed abatement shall obtain a permit from an air pollution control authority, the department of ecology, or a local entity delegated permitting authority under RCW 70A.15.5100. General permit criteria of statewide applicability shall be established by the department, by rule, after consultation with the various air pollution control authorities. Permits shall be issued under this section based on seasonal operations or by individual operations, or both. All permits shall be conditioned to insure that the public interest in air, water, and land pollution and safety to life and property is fully considered. In addition to any other requirements established by the department to protect air quality pursuant to other laws, applicants for permits must show that the setting of fires as requested is the most reasonable procedure to follow in safeguarding life or property under all circumstances or is otherwise reasonably necessary to successfully carry out the enterprise in which the applicant is engaged, or both. All burning permits will be designed to minimize air pollution insofar as practical. Nothing in this section relieves the applicant from obtaining permits, licenses, or other approvals required by any other law. An application for a permit to set fires in the course of weed abatement shall be acted upon within seven days from the date such application is filed.
[ 2020 c 20 § 1149; 2009 c 118 § 704. Formerly RCW 70.94.6552.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.5220 - Disposal of tumbleweeds.

RCW 70A.15.5220
Disposal of tumbleweeds.
Consistent with RCW 70A.15.5070, neither a permit nor the payment of a fee shall be required for outdoor burning for the purpose of disposal of tumbleweeds blown by wind. Such burning shall not be conducted during an air pollution episode or any stage of impaired air quality declared under RCW 70A.15.6010. This section shall only apply within counties with a population less than two hundred fifty thousand.
[ 2020 c 20 § 1150; 2009 c 118 § 705. Formerly RCW 70.94.6554.]
NOTES:
Purpose—2009 c 118: See note following RCW 70A.15.5000.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6000 - Air pollution episodes—Legislative finding—Declaration of policy.

RCW 70A.15.6000
Air pollution episodes—Legislative finding—Declaration of policy.
The legislature finds that whenever meteorological conditions occur which reduce the effective volume of air into which air contaminants are introduced, there is a high danger that normal operations at air contaminant sources in the area affected will be detrimental to public health or safety. Whenever such conditions, herein denominated as air pollution episodes, are forecast, there is a need for rapid short-term emission reduction in order to avoid adverse health or safety consequences.
Therefore, it is declared to be the policy of this state that an episode avoidance plan should be developed and implemented for the temporary reduction of emissions during air pollution episodes.
It is further declared that power should be vested in the governor to issue emergency orders for the reduction or discontinuance of emissions when such emissions and weather combine to create conditions imminently dangerous to public health and safety.
[ 1971 ex.s. c 194 § 1. Formerly RCW 70.94.710.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.

RCW 70A.15.6020
Air pollution episodes—Declaration of air pollution emergency by governor.
Whenever the governor finds that emissions from the operation of one or more air contaminant sources is causing imminent danger to public health or safety, he or she may declare an air pollution emergency and may order the person or persons responsible for the operation of such air contaminant source or sources to reduce or discontinue emissions consistent with good operating practice, safe operating procedures, and source emission reduction plans, if any, adopted by the department of ecology or any local air pollution control authority to which the department of ecology has delegated authority to adopt emission reduction plans. Orders authorized by this section shall be in writing and may be issued without prior notice or hearing. In the absence of the governor, any findings, declarations, and orders authorized by this section may be made and issued by his or her authorized representative.
[ 2012 c 117 § 410; 1971 ex.s. c 194 § 3. Formerly RCW 70.94.720.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6030 - Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.

RCW 70A.15.6030
Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.
Whenever any order has been issued pursuant to RCW 70A.15.6000 through 70A.15.6040, the attorney general, upon request from the governor, the director of the department of ecology, an authorized representative of either, or the attorney for a local air pollution control authority upon request of the control officer, shall petition the superior court of the county in which is located the air contaminant source for which such order was issued for a temporary restraining order requiring the immediate reduction or discontinuance of emissions from such source.
Upon request of the party to whom a temporary restraining order is directed, the court shall schedule a hearing thereon at its earliest convenience, at which time the court may withdraw the restraining order or grant such temporary injunction as is reasonably necessary to prevent injury to the public health or safety.
[ 2020 c 20 § 1153; 1971 ex.s. c 194 § 4. Formerly RCW 70.94.725.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6040 - Air pollution episodes—Orders to be effective immediately.

RCW 70A.15.6040
Air pollution episodes—Orders to be effective immediately.
Orders issued to declare any stage of an air pollution episode avoidance plan under RCW 70A.15.6010, and to declare an air pollution emergency, under RCW 70A.15.6020, and orders to persons responsible for the operation of an air contaminant source to reduce or discontinue emissions, according to RCW 70A.15.6010 and 70A.15.6020 shall be effective immediately and shall not be stayed pending completion of review.
[ 2020 c 20 § 1154; 1971 ex.s. c 194 § 5. Formerly RCW 70.94.730.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6050 - Plans approved pursuant to federal clean air act—Enforcement authority.

RCW 70A.15.6050
Plans approved pursuant to federal clean air act—Enforcement authority.
Notwithstanding any provision of the law to the contrary, except RCW 70A.15.5120 through 70A.15.5150, the department of ecology, upon its approval of any plan (or part thereof) required or permitted under the federal clean air act, shall have the authority to enforce all regulatory provisions within such plan (or part thereof): PROVIDED, That departmental enforcement of any such provision which is within the power of an activated authority to enforce shall be initiated only, when with respect to any source, the authority is not enforcing the provisions and then only after written notice is given the authority.
[ 2020 c 20 § 1155; 1973 1st ex.s. c 193 § 11. Formerly RCW 70.94.785.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6200 - Legislative declaration—Intent.

RCW 70A.15.6200
Legislative declaration—Intent.
The legislature recognizes that:
(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly sensitive to acidification;
(2) Failure to act promptly and decisively to mitigate or eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water, and recreational resources of this state;
(3) There is a direct correlation between emissions of sulphur dioxides and nitrogen oxides and increases in acid deposition;
(4) Acidification is cumulative; and
(5) Once an environment is acidified, it is difficult, if not impossible, to restore the natural balance.
It is therefore the intent of the legislature to provide for early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the legislature can take any necessary action to prevent environmental degradation resulting from acid deposition.
[ 1985 c 456 § 1; 1984 c 277 § 1. Formerly RCW 70.94.800.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6210 - Definitions.

RCW 70A.15.6210
Definitions.
As used in RCW 70A.15.6200 through 70A.15.6220, the following terms have the following meanings.
(1) "Acid deposition" means wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6.
(2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at which irreparable damage may occur unless corrective action is taken.
[ 2020 c 20 § 1156; 1985 c 456 § 2; 1984 c 277 § 2. Formerly RCW 70.94.805.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6220 - Monitoring by department of ecology.

RCW 70A.15.6220
Monitoring by department of ecology.
The department of ecology shall maintain a program of periodic monitoring of acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.
[ 1987 c 505 § 61; 1985 c 456 § 5; 1984 c 277 § 6. Formerly RCW 70.94.820.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6230 - Emission credits banking program—Amount of credit.

RCW 70A.15.6230
Emission credits banking program—Amount of credit.
The department of ecology and the local boards may implement an emission credits banking program. For the purposes of this section, an emission credits banking program means a program whereby an air contaminant source which reduces emissions of a given air contaminant by an amount greater than that required by applicable law, regulation, or order is granted credit for a given amount, which credit shall be administered by a credit bank operated by the appropriate agency. The amount of the credit shall be determined by the department or local board with jurisdiction, but it shall be less than the amount of the emissions reduction. The credit may be used, traded, sold, or otherwise expended for purposes established by regulation of state or local agencies consistent with the provisions of the prevention of significant deterioration program under RCW 70A.15.6240, the bubble program under RCW 70A.15.2240, and the new source review program under RCW 70A.15.2210, if there will be no net adverse impact on air quality.
[ 2020 c 20 § 1157; 1984 c 164 § 1. Formerly RCW 70.94.850.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6240 - Department of ecology may accept delegation of programs.

RCW 70A.15.6240
Department of ecology may accept delegation of programs.
The department of ecology may accept delegation of programs as provided for in the federal clean air act. Subject to federal approval, the department may, in turn, delegate such programs to the local authority with jurisdiction in a given area.
[ 1991 c 199 § 312; 1984 c 164 § 2. Formerly RCW 70.94.860.]
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.15.6250 - Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.

RCW 70A.15.6250
Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.
The department of ecology, in consultation with the appropriate committees of the house of representatives and of the senate, shall:
(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;
(2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and
(3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established under subsection (2) of this section.
[ 1991 c 199 § 313; 1985 c 456 § 3. Formerly RCW 70.94.875.]
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.15.6260 - Establishment of critical deposition and acidification levels—Considerations.

RCW 70A.15.6260
Establishment of critical deposition and acidification levels—Considerations.
In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:
(1) Current acid deposition and lake, stream, and soil acidification levels;
(2) Changes in acid deposition and lake, stream, and soil acidification levels;
(3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and
(4) The need to prevent environmental degradation.
[ 1985 c 456 § 4. Formerly RCW 70.94.880.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6270 - Carbon dioxide mitigation—Fees.

RCW 70A.15.6270
Carbon dioxide mitigation—Fees.
(1) For fossil-fueled electric generation facilities having more than twenty-five thousand kilowatts station generating capability but less than three hundred fifty thousand kilowatts station generation capability, except for fossil-fueled floating thermal electric generation facilities under the jurisdiction of the energy facility site evaluation council pursuant to RCW 80.50.010, the department or authority shall implement a carbon dioxide mitigation program consistent with the requirements of chapter 80.70 RCW.
(2) For mitigation projects conducted directly by or under the control of the applicant, the department or local air authority shall approve or deny the mitigation plans, as part of its action to approve or deny an application submitted under RCW 70A.15.2210 based upon whether or not the mitigation plan is consistent with the requirements of chapter 80.70 RCW.
(3) The department or authority may determine, assess, and collect fees sufficient to cover the costs to review and approve or deny the carbon dioxide mitigation plan components of an order of approval issued under RCW 70A.15.2210. The department or authority may also collect fees sufficient to cover its additional costs to monitor conformance with the carbon dioxide mitigation plan components of the registration and air operating permit programs authorized in RCW 70A.15.2200 and 70A.15.2260. The department or authority shall track its costs related to review, approval, and monitoring conformance with carbon dioxide mitigation plans.
[ 2020 c 20 § 1158; 2004 c 224 § 8. Formerly RCW 70.94.892.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6400 - Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.

RCW 70A.15.6400
Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
The department may disburse matching grants from funds provided by the legislature from the air pollution control account, created in RCW 70A.15.1010, to units of local government to partially offset the additional cost of purchasing "clean fuel" and/or operating "clean-fuel vehicles" provided that such vehicles are used for public transit. Publicly owned school buses are considered public transit for the purposes of this section. The department may also disburse grants to vocational-technical institutes for the purpose of establishing programs to certify clean-fuel vehicle mechanics. The department may also distribute grants to Washington State University for the purpose of furthering the establishment of clean fuel refueling infrastructure.
[ 2020 c 20 § 1159; 1996 c 186 § 517; 1991 c 199 § 218. Formerly RCW 70.94.960.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
Finding—1991 c 199: See note following RCW 70A.15.1005.
Clean fuel: RCW 70A.25.120.
Refueling: RCW 80.28.280.
State vehicles: RCW 43.19.637.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6440 - Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits.

RCW 70A.15.6440
Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits.
(1) It is the intent of the legislature for a general permit or permit by rule adopted by the department under this section to streamline the permitting process for a stationary natural gas engine used in a combined heat and power system. It is the further intent of the legislature that a general permit or permit by rule be adopted and implemented as the permitting mechanism for the new construction of a combined heat and power system.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Natural gas" includes: Naturally occurring mixtures of hydrocarbon gases and vapors consisting principally of methane, whether in gaseous or liquid form; and biogas derived from landfills, wastewater treatment facilities, anaerobic digesters, and other sources of organic decomposition that have been purified to meet standards for natural gas derived from fossil fuel sources.
(b) "Stationary natural gas engine" includes any stationary, natural gas internal combustion engine, whether it is an internal combustion reciprocating engine or a gas turbine. The term does not include a natural gas engine that powers a motor vehicle or other mobile source.
(3) This section applies only to a stationary natural gas engine used in a combined heat and power system.
(4) The department shall issue a general permit or permit by rule for new stationary natural gas engines used in a combined heat and power system that establishes emission limits for air contaminants released by the engines.
(5) In adopting a general permit or permit by rule under this section, the department may consider:
(a) The geographic location in which a stationary natural gas engine may be used, including the proximity to an area designated as a nonattainment area;
(b) The total annual operating hours of a stationary natural gas engine;
(c) The technology used by a stationary natural gas engine;
(d) Whether the stationary natural gas engine will be a major stationary source or part of a new or modified major stationary source as those terms are utilized in Title I of the federal clean air act; and
(e) Other relevant emission control or clean air policies of the state.
(6) In addition to emission limits required by federal and state laws, the department must provide for the emission limits for stationary natural gas engines subject to this section to be measured in terms of air contaminant emissions per United States environmental protection agency unit of energy output. The department shall consider both the primary and secondary functions when determining the engine's emissions per unit of energy output.
[ 2015 3rd sp.s. c 19 § 13. Formerly RCW 70.94.991.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.6450 - Boiler or process heaters—Assessment and reporting requirements.

RCW 70A.15.6450
Boiler or process heaters—Assessment and reporting requirements.
(1) An owner or operator of an industrial, commercial, or institutional boiler or process heater required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD shall:
(a) By January 31, 2018, submit nonproprietary information reported in the energy assessment electronically to the department or air pollution control authority that issues the air operating permit for the source, following completion of the assessment; and
(b) By January 31, 2018, submit a report electronically to the Washington State University extension energy program that identifies, if applicable, the economic, technical, and other barriers to implementing thermal efficiency opportunities identified in the energy assessment.
(2) An owner or operator of an industrial, commercial, or institutional boiler or process heater who has not completed an energy assessment under 40 C.F.R. Part 63 subpart DDDDD must request a free combined heat and power site qualification screening from the United States department of energy.
(3) The requirements established in this section shall not apply to an owner or operator of an industrial, commercial, or institutional boiler or process heater if:
(a) The owner or operator is not required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD as it existed on October 9, 2015; or
(b) Prior to the dates in subsection (1) of this section, the owner or operator is no longer required to complete an energy assessment under 40 C.F.R. Part 63 subpart DDDDD.
[ 2015 3rd sp.s. c 19 § 14. Formerly RCW 70.94.992.]
NOTES:
Finding—Intent—2015 3rd sp.s. c 19: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.9001 - Construction—1967 c 238.

RCW 70A.15.9001
Construction—1967 c 238.
This 1967 amendatory act shall not be construed to create in any way nor to enlarge, diminish or otherwise affect in any way any private rights in any civil action for damages. Any determination that there has been a violation of the provisions of this 1967 amendatory act or of any ordinance, rule, regulation or order issued pursuant thereto, shall not create by reason thereof any presumption or finding of fact or of law for use in any lawsuit brought by a private citizen.
[ 1967 c 238 § 65. Formerly RCW 70.94.901.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.9002 - Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.

RCW 70A.15.9002
Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.
The following acts or parts of acts are each repealed:
(1) Section 7, chapter 238, Laws of 1967, and RCW 70.94.061;
(2) Section 8, chapter 238, Laws of 1967, and RCW 70.94.062;
(3) Section 9, chapter 238, Laws of 1967, and RCW 70.94.064; and
(4) Section 10, chapter 238, Laws of 1967, and RCW 70.94.066.
Such repeals shall not be construed as affecting any authority in existence on April 24, 1969, nor as affecting any action, activities or proceedings initiated by such authority prior hereto, nor as affecting any civil or criminal proceedings instituted by such authority, nor any rule, regulation, resolution, ordinance, or order promulgated by such authority, nor any administrative action taken by such authority, nor the term of office, or appointment or employment of any person appointed or employed by such authority.
[ 1969 ex.s. c 168 § 46. Formerly RCW 70.94.902.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.9003 - Effective dates—1991 c 199.

RCW 70A.15.9003
Effective dates—1991 c 199.
Sections 602 and 603 of this act shall take effect July 1, 1992. Sections 202 through 209 of this act shall take effect January 1, 1993. Sections 210 and 505 of this act shall take effect January 1, 1992.
The remainder of 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.
[ 1991 c 199 § 717. Formerly RCW 70.94.904.]
2023 Revised Code of Washington › Title 70A - Environmental Health and Safety › Chapter 70A.15 - Washington Clean Air Act. › 70A.15.9004 - Severability—1967 c 238.

RCW 70A.15.9004
Severability—1967 c 238.
If any phrase, clause, subsection or section of this 1967 amendatory act shall be declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the act shall not be affected as a result of said part being held unconstitutional or invalid.
[ 1967 c 238 § 64. Formerly RCW 70.94.911.]