reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-520 - Fuels to include in credit and deficit calculation

Current through Register Vol. 24-14, July 15, 2024
(1)
Fuels
				included.
Credits and deficits must be calculated for all regulated
				fuels and clean fuels that are sold, supplied, or offered for sale in
				Washington.
(2)
Fuels
				exempted.
Except as provided in subsections (3), (4), and (5) of this
				section, credits and deficits may not be calculated for fuels exempted under
				WAC 173-424-130.
(3)
Voluntary inclusion.
A
				regulated party, credit generator, or aggregator may choose to include in its
				credits and deficits calculations fuel that is sold to an exempt fuel user in
				Washington under WAC
				173-424-130(2)(b),
				provided that the credit and deficit calculation includes all fuels listed on
				the same invoice.
(4)
When
				fuels are exported from Washington:
(a) Any bulk quantity of fuel that is
				exported must be reported by the person who holds title to the fuel when it is
				exported;
(b) If the exporter
				purchased the fuel with the compliance obligation, the exported fuels will not
				generate deficits or credits; and
(c) If credits or deficits were generated and
				separated from the fuel through a transfer without obligation, the exporter
				will incur credits or deficits, as appropriate, to balance out the deficits or
				credits detached from the fuel.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-530 - Transacting credits

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
(a) Credits are a
				regulatory instrument and do not constitute personal property, instruments,
				securities, or any other form of property.
(b) Regulated parties, credit generators, and
				aggregators may:
(i) Retain credits without
				expiration within the CFP in compliance with this division; and
(ii) Acquire or transfer credits from or to
				other regulated parties, credit generators, and aggregators that are registered
				under WAC
				173-424-300.
(c) Regulated parties, credit generators, and
				aggregators may not:
(i) Use credits that have
				not been generated in compliance with this chapter; or
(ii) Borrow or use anticipated credits from
				future projected or planned carbon intensity reductions, except as approved by
				ecology under WAC
				173-424-550.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-540 - Calculating credits and deficits

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				credit or deficit calculation method.
Except as provided in subsections
				(2) and (3) of this section, credit and deficit generation must be calculated
				for all fuels included in WAC
				173-424-520:
(a) Using credit and deficit basics as
				directed in WAC
				173-424-510;
(b) Calculating energy in mega joules by
				multiplying the amount of fuel by the energy density of the fuel in Table 3
				under WAC
				173-424-900;
(c) Calculating the adjusted energy in mega
				joules by multiplying the energy in mega joules from (b) of this subsection by
				the energy economy ratio of the fuel listed in Table 4 under WAC
				173-424-900 or as approved by
				ecology under WAC
				173-424-620, as
				applicable;
(d) Calculating the
				carbon intensity difference by subtracting the value in (d)(i) from (ii) of
				this subsection:
(i) The fuel's carbon
				intensity as approved under WAC
				173-424-600 through
				173-424-630, adjusted for the
				fuel application's energy economy ratio as listed in Table 4 under WAC
				173-424-900 or as approved under
				WAC 173-424-620 as
				applicable;
(ii) The clean fuel
				standard for gasoline or gasoline substitutes listed in Table 1 under WAC
				173-424-900 or diesel fuel and
				diesel substitutes listed in Table 2 under WAC
				173-424-900, as
				applicable;
(e)
				Calculating the grams of carbon dioxide equivalent by multiplying the adjusted
				energy in mega joules in (c) of this subsection by the carbon intensity
				difference in (d) of this subsection;
(f) Calculating the metric tons of carbon
				dioxide equivalent by dividing the grams of carbon dioxide equivalent
				calculated in (e) of this subsection by 1,000,000; and
(g) Determining under WAC
				173-424-510(5) whether credits or deficits are generated.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-550 - Advance crediting

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				provisions.
(a) Advance credits are
				used to decarbonize the transportation sector pursuant to
				RCW
				   70A.535.050(3).
(b) All advance credits represent actual
				reductions of greenhouse gas emissions against the clean fuel
				standards.
(c) Vehicles must be
				registered in Washington to be eligible to earn advance
				credits.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-560 - Generating and calculating credits for ZEV fueling infrastructure pathways

Current through Register Vol. 24-14, July 15, 2024
(1)
Hydrogen
				refueling infrastructure (HRI) pathways.
(a) HRI pathway eligibility. A hydrogen
				station owner may submit an application to certify an HRI pathway subject to
				the following eligibility conditions:
(i) The
				proposed HRI must be located in Washington and open to the public;
(ii) The HRI pathway application must be
				received on or before December 31, 2030; and
(iii) The following stations are not eligible
				for HRI crediting:
(A) Any station receiving
				or spending funds pursuant to any settlement related to any Washington or
				federal regulation enforcement; or
(B) Any station built as a required
				mitigation measure pursuant to the State Environmental Policy Act.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 5 - DEMONSTRATING COMPLIANCE › Section 173-424-570 - Credit clearance market

Current through Register Vol. 24-14, July 15, 2024
(1)
General.
If a regulated party owes more than the allowed small
				deficit under WAC
				173-424-500(4),
				it must enter and purchase its pro-rata share of credits in the credit
				clearance market under subsection (5) of this section.
(a) The credit clearance market is separate
				from the normal year-round market opportunities for parties to engage in credit
				transactions.
(b) Ecology will
				consider a regulated party in compliance with WAC
				173-424-500 if it acquires its
				pro-rata obligation in the credit clearance market and retires that number of
				credits within 30 days of the end of the credit clearance market.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 6 - OBTAINING CARBON INTENSITY VALUES FOR FUEL PATHWAYS › Section 173-424-600 - Carbon intensities

Current through Register Vol. 24-14, July 15, 2024
(1)
WA-GREET.
Carbon intensities for fuels must be calculated using:
(a) WA-GREET 3.0 (November 28, 2022) or
				another model that ecology determines to be equivalent or superior to WA-GREET
				3.0. WA-GREET 3.0 was derived from CA-GREET 3.0 model (August 13, 2018), and is
				posted on ecology's website
https://www.ecology.wa.gov
. CA-GREET
				3.0 includes contributions from the oil production greenhouse gas estimator
				(OPGEE2.0) model (for emissions from crude extraction) and global trade
				analysis project (GTAP-BIO) model together with the agro-ecological zone
				emissions factor (AEZ-EF) model for land use change (LUC).
(b) If a reporting entity wishes to use a
				modified or different life cycle carbon intensity model, it must be approved by
				ecology in advance of an application under WAC
				173-424-610.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 6 - OBTAINING CARBON INTENSITY VALUES FOR FUEL PATHWAYS › Section 173-424-610 - Obtaining a carbon intensity

Current through Register Vol. 24-14, July 15, 2024
(1) Fuel producers can
				apply to obtain a carbon intensity for their transportation fuels by following
				the process under this section.
(2)
				Applicants seeking approval to use a carbon intensity that is currently
				approved by CARB or OR-DEQ must provide:
(a)
				The application package submitted to CARB or OR-DEQ;
(b) The Tier 1 or Tier 2 CA-GREET or OR-GREET
				calculator approved by CARB or OR-DEQ, and the WA-GREET 3.0 equivalent with the
				fuel transportation and distribution cells modified for that fuel's pathway to
				Washington;
(c) The CARB or OR-DEQ
				review report for the approved fuel pathway;
(d) Annual fuel pathway report, if submitted
				to CARB or OR-DEQ;
(e) Any other
				supporting materials relating to the pathway, as requested by ecology;
				and
(f) If the applicant is seeking
				to use a provisional pathway approved by CARB or OR-DEQ, then the applicant
				must submit to ecology the ongoing documentation it provides to CARB or OR-DEQ,
				and as required in subsection (6) of this section. The applicant must provide
				to ecology within 14 days:
(i) Any additional
				documentation it has submitted to CARB or DEQ; and
(ii) A notification of any changes to the
				status of its provisional pathway approved by CARB or OR-DEQ.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 6 - OBTAINING CARBON INTENSITY VALUES FOR FUEL PATHWAYS › Section 173-424-620 - Energy economy ratio-adjusted carbon intensity applications

Current through Register Vol. 24-14, July 15, 2024
(1)
Energy
				economy ratio-adjusted CI applications.
Applications submitted under
				this section are modified Tier 2 pathway applications under WAC
				173-424-610.
(2)
Eligibility.
The following
				persons are eligible to submit an application under this section:
(a) Vehicle owners or operators that would be
				eligible to generate credits for their vehicles;
(b) Manufacturers of vehicles that would be
				eligible to generate credits may make a joint application with an owner or
				operator of their vehicles based in Washington; and
(c) A single, joint application may be
				submitted on behalf of, and combining data from, any combination of multiple
				vehicle owners, operators, and manufacturers.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 6 - OBTAINING CARBON INTENSITY VALUES FOR FUEL PATHWAYS › Section 173-424-630 - Determining the carbon intensity of electricity

Current through Register Vol. 24-14, July 15, 2024
(1)
Utility-specific electricity mix.
The carbon intensity of the
				electricity used in a utility service area is calculated based on the mix of
				resources the electricity used to generate the electricity used using the most
				recent year fuel-mix report published by the Washington department of commerce
				under RCW
				   19.29A.140. No later than December 31st of
				each year, except that ecology may revise the carbon intensity of electricity
				for 2023 no later than March 15, 2023, ecology will:
(a) Post the updated utility-specific
				electricity carbon intensity for the next year on the ecology web
				page;
(b) Post the updated
				utility-specific carbon intensities for the next year on the ecology web page;
				and
(c) Add the new fuel pathway
				codes to the WFRS effective for Q1 reporting for the next year.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 7 - OTHERS › Section 173-424-700 - Authority to suspend, revoke, or modify

Current through Register Vol. 24-14, July 15, 2024
(1) If ecology
				determines that any basis for invalidation set forth in sub section (2) of this
				section has occurred, in addition to taking any other authorized enforcement
				action, ecology may take any of the actions described in (a) through (d) of
				this subsection. For the purposes of this section an approved carbon intensity
				refers both to carbon intensities approved by ecology under WAC
				173-424-600(4),
				173-424-610,
				173-424-620, and
				173-424-630.
(a) Suspend, restrict, modify, or revoke an
				account in the WFRS, or take one combination of two or more such
				actions;
(b) Modify or delete an
				approved carbon intensity;
(c)
				Restrict, suspend, or invalidate credits; or
(d) Recalculate the deficits in a regulated
				party's WFRS account.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 7 - OTHERS › Section 173-424-710 - Public disclosure

Current through Register Vol. 24-14, July 15, 2024
(1)
List of
				ecology-approved registered parties.
Ecology will maintain a current
				list of ecology-approved registered parties and will make that list publicly
				available on its website. The list will include, at a minimum, the name of the
				registered party and whether the registered party is an importer of
				blendstocks, a large importer of finished fuels, a small importer of finished
				fuels, a producer, a credit generator, or an aggregator.
(2) All information submitted as application
				materials in the WFRS that are not identified as trade secrets or confidential
				business information are subject to public disclosure pursuant to Washington
				Public Records Act (chapter 42.56 RCW). If ecology approved the application,
				the carbon intensity value(s) and its associated fuel pathway code(s) will be
				posted publicly on the CFP website and incorporated into the WFRS for use by
				fuel reporting entities.
(3)
Monthly credit trading activity report.
Ecology must post on its
				web page, by no later than the last day of the month immediately following the
				month for which the calculation is completed, a credit trading activity report
				that:
(a) Summarizes the aggregate credit
				transfer information for the:
(i) Most recent
				month;
(ii) Previous three
				months;
(iii) Previous three
				quarters; and
(iv) Previous
				compliance periods;
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 7 - OTHERS › Section 173-424-720 - Emergency deferral

Current through Register Vol. 24-14, July 15, 2024
(1)
Emergency
				deferral due to fuels shortage.
Ecology may issue an order declaring an
				emergency deferral of compliance with the carbon intensity standard during the
				effective compliance period:
(a) After
				ecology determines, in consultation with the governor's office and the
				Washington department of commerce:
(i)
				Extreme and unusual circumstances exist that prevent the
distribution of
				an adequate supply of renewable fuels
needed for regulated parties to
				comply with the clean fuels program taking into consideration all available
				methods of obtaining sufficient credits to comply with the standard;
(ii) The extreme and unusual circumstances
				are the result of a natural disaster, an act of God, a significant supply chain
				disruption or production facility equipment failure, or another event that
				could
not reasonably have been foreseen or prevented and not the lack of
				prudent planning on the part of the suppliers of the fuels
to the state;
				and
(iii)
It is in the public
				interest to grant the deferral
such as when a deferral is necessary to
				meet projected temporary shortfalls in the supply of the renewable fuel in the
				state and that other methods of obtaining compliance credits are unavailable to
				compensate for the shortage of renewable fuel supply.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 7 - OTHERS › Section 173-424-730 - Forecast deferral

Current through Register Vol. 24-14, July 15, 2024
(1)
Conditions
				and deadline for forecast deferral.
No later than December 1st, ecology
				shall issue an order declaring a forecast deferral for the following compliance
				period if:
(a) Ecology receives a fuel supply
				forecast for the following compliance period by October 2nd; and
(b) The forecast projects that the amount of
				credits that will be available during the forecast compliance period will be
				less than 100 percent of the credits projected to be necessary for regulated
				parties to comply with the carbon intensity standard.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-424 - Clean fuels program rule › Part 8 - VALIDATION AND VERIFICATION › Section 173-424-800 - Validation and verification

Current through Register Vol. 24-14, July 15, 2024
(1) For fuel pathways
				that have been certified by CARB or OR-DEQ and approved by ecology, the
				regulated party must submit the periodic third-party verification reports
				submitted to and approved by CARB or OR-DEQ.
(2) Ecology may require third-party
				verification, as necessary, to validate and verify the carbon intensity of fuel
				pathways, according to:
(a) The principles,
				requirements, guidelines, and procedures in ISO 14067; or
(b) The requirements California adopted in
				low carbon fuels standard program under 95500 through 95502.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this rule is to establish a program to implement
				the limited burning policy authorized by sections 743 through 765 of the
				Washington Clean Air Act (chapter 70.94 RCW) and other provisions of
				the act that pertain to outdoor burning (except any outdoor burning listed in
				WAC 173-425-020(1)). Statutory authority for particular provisions of the rule is shown in
				parentheses throughout the rule.
The limited burning policy requires ecology and other agencies
				to:
(1) Reduce outdoor burning to the
			 greatest extent practical, especially by prohibiting it in certain
			 circumstances; (RCW    70.94.743(1))
(2) Establish a permit program for limited
			 burning, one that requires permits for most types of outdoor burning; and (RCW
			    70.94.745)
(3) Foster and
			 encourage development of reasonable alternatives to burning. (RCW    70.94.745(6))
Statutory Authority: RCW 70.94.700, [70.94.]755 and
				  Governor's Executive Order 97-02. 00-07-066 (Order 97-39), § 173-425-010,
				  filed 3/13/00, effective 4/13/00. Statutory Authority:
				  Chapter
				  70.94 RCW. 92-24-077
				  (Order 91-57), § 173-425-010, filed 12/1/92, effective 1/1/93. Statutory
				  Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-425-010, filed 9/17/90, effective 10/18/90; Order DE 77-19, §
				  173-425-010, filed 10/24/77. Formerly WAC
				  18-12-010.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
			 applies to all outdoor burning in the state except:
(a) Agricultural burning (which is governed
			 by chapter 173-430 WAC);
(b)
			 Silvicultural burning (which is governed by chapter 332-24 WAC, the Washington
			 state smoke management plan, and various laws including
			 chapter
			 70.94 RCW); and
(c) Any outdoor burning on lands within the
			 exterior boundaries of Indian reservations (unless provided for by
			 intergovernmental agreement).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-040 - Areas where certain types of outdoor burning are prohibited

Current through Register Vol. 24-14, July 15, 2024
(1)
Nonattainment
			 areas.
Residential burning and land clearing burning may not be allowed
			 in any areas of the state that exceed federal or state ambient air quality
			 standards for pollutants emitted by outdoor burning. These areas are limited to
			 all nonattainment areas and former nonattainment areas for carbon monoxide,
			 particulate matter (PM-10 and PM2.5), sulfur dioxide, nitrogen dioxide, and
			 lead. However, ecology may, in cooperation with any local air authority having
			 jurisdiction, authorize the omission of parts of a nonattainment area if
			 ambient air quality standards for the pollutants that caused the area to be
			 designated nonattainment have not been exceeded in those parts, and outdoor
			 burning in those parts has not contributed, and is not expected to contribute,
			 significantly to exceedances of the standards in the nonattainment area. (RCW
			    70.94.743(1)(a))
(2)
Urban
			 growth areas.
Residential burning and land clearing burning may not be
			 allowed in any urban growth areas after December 31, 2000, except as follows:
			 Residential burning and land clearing burning may be allowed in the following
			 types of urban growth areas until December 31, 2006: (RCW    70.94.743(1)(b))
(a) Urban growth areas for incorporated
			 cities having a population of less than five thousand people that are neither
			 within nor contiguous with any area identified in subsection (1) of this
			 section; and
(b) Urban growth areas
			 that do not include an incorporated city.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-050 - Other prohibitions/requirements that apply to all outdoor burning

Current through Register Vol. 24-14, July 15, 2024
No person may cause or allow an outdoor fire in an area where
				the type of burning involved is prohibited under WAC
				173-425-040, or where it requires
				a permit under WAC
				173-425-060(2),
				unless a permit has been issued and is in effect. In addition, the following
				general requirements apply to all outdoor burning regulated by this chapter,
				including any outdoor burning allowed without a permit under WAC
				173-425-060(2),
				unless a specific exception is stated in this section:
(1)
Prohibited materials.
The
			 following materials may not be burned in any outdoor fire: Garbage, dead
			 animals, asphalt, petroleum products, paints, rubber products, plastics, paper
			 (other than what is necessary to start a fire), cardboard, treated wood,
			 construction/demolition debris, metal, or any substance (other than natural
			 vegetation) that normally releases toxic emissions, dense smoke, or obnoxious
			 odors when burned, except that: (RCW    70.94.775(1) and Attorney General Opinion
			 1993 #17)
(a) Firefighting instruction fires
			 for aircraft crash rescue training fires approved and conducted in compliance
			 with RCW    70.94.650(5) may contain uncontaminated petroleum products. (RCW
			    70.94.650(6))
(b) Ecology or a
			 local air authority may allow the limited burning of prohibited materials for
			 other firefighting instruction fires, including those that are exempt from
			 permits under WAC
			 173-425-060(2)(f),
			 and other outdoor burning necessary to protect public health and safety. (RCW
			    70.94.650(7))
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-060 - Outdoor burning permit program/requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Permit program.
(a) Ecology or local air authorities may
			 consult with fire protection authorities, conservation districts, or counties
			 to determine if any of these agencies are capable and willing to serve as the
			 permitting agency and/or enforcing agency for particular types of burning in an
			 area of the state. Ecology or local air authorities may enter into agreements
			 with any capable agencies to identify the permitting agencies and enforcing
			 agencies for each type of burning and determine the type of permit appropriate
			 for each area where a permit is required. (RCW    70.94.654)
(b) Permitting agencies may use, as
			 appropriate, a verbal, electronic, written, or general permit established by
			 rule, for any type of burning that requires a permit: Provided, That a written
			 permit should be used, where feasible, for land clearing burning, storm or
			 flood debris burning in areas where residential burning and land clearing
			 burning are prohibited under WAC
			 173-425-040(1), (2), or
			 (3), and other outdoor burning (except any
			 other outdoor burning necessary to protect public health and safety). (RCW
			    70.94.745(4))
(c) The rule for a
			 general permit must establish periods of time when any burning under the permit
			 must occur. General permits must also include all appropriate conditions for
			 burning as stated in subsection (4) of this section.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-070 - Variances

Current through Register Vol. 24-14, July 15, 2024
Any person who proposes to engage in outdoor burning may apply
				to ecology or a local air authority for a variance from provisions of this
				chapter governing the quality, nature, duration, or extent of discharges of air
				contaminants from the proposed burning. All variance applications must be
				reviewed, and approved or disapproved, in accordance with
				RCW
				   70.94.181. (RCW
				   70.94.181)
Statutory Authority: RCW 70.94.700, [70.94.]755 and
				  Governor's Executive Order 97-02. 00-07-066 (Order 97-39), § 173-425-070,
				  filed 3/13/00, effective 4/13/00. Statutory Authority:
				  Chapter
				  70.94 RCW. 92-24-077
				  (Order 91-57), § 173-425-070, filed 12/1/92, effective
				  1/1/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-425 - Outdoor burning › Section 173-425-080 - Severability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this regulation are severable. If any
				provision is held invalid, the application of that provision to other
				circumstances and the remainder of the regulation will not be
				affected.
Statutory Authority: RCW 70.94.700, [70.94.]755 and
				  Governor's Executive Order 97-02. 00-07-066 (Order 97-39), § 173-425-080,
				  filed 3/13/00, effective 4/13/00. Statutory Authority:
				  Chapter
				  70.94 RCW. 92-24-077
				  (Order 91-57), § 173-425-080, filed 12/1/92, effective
				  1/1/93.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-020 - General applicability and conditions

Current through Register Vol. 24-14, July 15, 2024
(1) This regulation applies to burning
			 related to agricultural activities. It does not apply to silvicultural burning
			 or outdoor burning. For these requirements refer to:
Chapter 173-425 WAC for outdoor burning.
Chapter 332-24 WAC for silvicultural burning.
(2) Burning of organic debris related to
			 agricultural activities is allowed when it is reasonably necessary to carry out
			 the enterprise. Agricultural burning is reasonably necessary to carry out the
			 enterprise when it meets the criteria of the best management practices and no
			 practical alternative is reasonably available.
(3) Anyone conducting burning related to
			 agricultural activities must comply with local fire safety laws and rules, and
			 burn when wind takes the smoke away from roads, homes, population centers, or
			 other public areas.
(4) Burning
			 related to agricultural activities must not occur during an air pollution
			 episode or any stage of impaired air quality. Definitions of air pollution
			 episode and impaired air quality are found in WAC
			 173-430-030.
(5) Burning of organic debris related to
			 agricultural activities requires a permit and fee, except for agricultural
			 burning that is incidental to commercial agricultural activities (RCW
			    70.94.6524). An agricultural operation
			 burning under the incidental agricultural burning exception must still notify
			 the local fire department within the area and not burn during an air pollution
			 episode or any stage of impaired air quality. The specific types of burning
			 that qualify as exceptions to the permit requirement are:
(a) Orchard prunings. An orchard pruning is a
			 routine and periodic operation to remove overly vigorous or nonfruiting tree
			 limbs or branches to improve fruit quality, assist with tree canopy training
			 and improve the management of plant and disease, and pest
			 infestations;
(b) Organic debris
			 along fencelines. A fenceline or fencerow is the area bordering a commercial
			 agricultural field that is or would be unworkable by equipment used to
			 cultivate the adjacent field;
(c)
			 Organic debris along or in irrigation or drainage ditches. An irrigation or
			 drainage ditch is a waterway which predictably carries water (not necessarily
			 continuously) and is unworkable by equipment used to cultivate the adjacent
			 field;
(d) Organic debris blown by
			 wind. The primary example is tumbleweeds.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-041 - Agricultural burning fees

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			    70.94.6528 provides the following maximum
			 fees for agricultural burning:
Field burning
$3.75 per acre
Pile burning
$1.00 per ton
(2)RCW
			    70.94.6528(5) authorizes the
			 agricultural burning practices and research task force (task force) to
			 determine the level of the fee.
(a)
2011 fee schedule.
Fees starting in the calendar year 2011 are
			 found in subsection (5) of this section.
(b)
Establishing new fee
			 schedules.
Ecology and the task force will examine the fee schedule
			 using the process in WAC
			 173-430-042.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-042 - Adjusting agricultural burning fees

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
			    70.94.6528 provides the following maximum
			 fees for agricultural burning:
Field burning
$3.75 per acre
Pile burning
$1.00 per ton
(2)RCW
			    70.94.6528(5) authorizes the
			 agricultural burning practices and research task force (task force) to
			 determine the level of the fee.
(3)
Process for adjusting the fee schedule for agricultural burning.
The process for adjusting the fee schedule requires the following two steps:
The task force must determine the fee schedule using the
				process established in subsection (4) of this section;
If the task force decides to adjust the fee schedule, ecology
				will finalize the new fee schedule through the process established in
				subsection (6) of this section.
(4)
Task force process to determine
			 agricultural burning fees.
The task force may examine the agricultural
			 burning fee schedule once a year using the process outlined in this section.
			 However, the task force must examine the agricultural burning fee schedule at
			 least every two years. The task force process for examining the agricultural
			 burning fee schedule must include the following:
(a) Ecology will submit, to the task force, a
			 summary of the costs of the permit and smoke management programs before the
			 first task force meeting of the year.
(b) The agenda for the first task force
			 meeting of the year must include examining the current fee schedule.
(c) Ecology will notify stakeholders and
			 permit holders of time, date, location, and agenda for the task force
			 meeting.
(d) Based on the
			 information provided by ecology, under (a) of this subsection, the task force
			 will decide if they need to adjust the agricultural burning fee
			 schedule.
(e) If the task force
			 decides to adjust the agricultural burning fee schedule, they must determine
			 the new fee schedule at a regularly scheduled meeting.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-044 - Additional requirements for burning field or turf grasses grown for seed

Current through Register Vol. 24-14, July 15, 2024
Ecology will proceed with the process to certify alternatives
				to burning as identified in
				RCW
				   70.94.6532(3). In addition
				to the certification process, ecology is also limiting the number of acres
				allowed to be burned as specified in
				RCW
				   70.94.6532(4).
(1) Beginning in 1997 and until approved
			 alternatives become available, each farmer is limited to burning no more than
			 one-third of the number of acres in grass seed production on May 1, 1996. "In
			 production" means planted, growing and under the control of the farmer.
Without regard to any previous burn permit history, in 1996,
				each farmer shall be limited to burning the greater of:
(a) Two-thirds of the number of acres the
			 farmer burned under a valid permit issued in 1995; or
(b) Two-thirds of the number of acres in
			 grass seed production on May 1, 1996. "In production" means planted, growing
			 and under the control of the farmer.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-045 - Alternatives to burning field or turf grasses grown for seed

Current through Register Vol. 24-14, July 15, 2024
(1) When is open
			 burning of field and turf grasses grown for seed prohibited?
The Washington Clean Air Act prohibits open burning of field
				and turf grasses grown for seed whenever ecology has concluded, through a
				process spelled out in the act, that any procedure, program, technique, or
				device constitutes a practical alternate agricultural practice to open burning,
				and that alternate is reasonably available.
(2) Has ecology certified practical
			 alternatives to open burning of field or turf grasses grown for seed?
Yes. Ecology concludes that mechanical residue management
				constitutes a practical alternate agricultural practice to the open burning of
				field or turf grasses grown for seed. Mechanical residue management means
				removing, including arranging for removal of, the residue using nonthermal,
				mechanical techniques including, but not limited to: Tilling, swathing,
				chopping, baling, flailing, mowing, raking, and other substantially similar
				nonthermal, mechanical techniques. Ecology further concludes that mechanical
				residue management is practical throughout all phases of seed production
				including:
(a) When the field is
			 planted (establishment);
(b) When
			 the field is producing seed (harvest years);
(c) When the field is prepared for replanting
			 (tear-out).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-050 - Best management practices

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The task force must identify best management practices for agricultural burning
			 that are economically feasible and socially acceptable. Practical alternative
			 production methods and controls which would reduce or eliminate agricultural
			 burning must be used when reasonably available.
(2) The task force may establish an
			 agricultural burning general best management practice and crop-specific best
			 management practices as appropriate. The task force will work in conjunction
			 with conservation districts and extension agents or other local entities in
			 developing best management practices. The task force may review and approve
			 crop-specific best management practices which have been developed or
			 recommended by an individual or group.
(3) Approved best management practices
			 information will be available from permitting authorities. The task force, as
			 it deems necessary, will hold public workshops on best management practices
			 that have changed or are new and will periodically review the best management
			 practices starting three years after approval.
(4) The task force will clarify best
			 management practices and make interpretative decisions as needed, considering
			 all authoritative sources on the subject.
(a)
			 An individual or group may request a best management practice clarification
			 from the task force.
(b) The chair
			 of the task force may direct the questioned practice to a subgroup of task
			 force members, provided that agricultural, research, and regulatory interests
			 are included and all task force members are notified, or may direct it to the
			 whole task force.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-060 - Research into alternatives to agricultural burning

Current through Register Vol. 24-14, July 15, 2024
(1) Ecology will administer the research
			 portion of the permit fee to carry out the recommendations of the task force.
			 In carrying out the recommendations, ecology may conduct, cause to be
			 conducted, or approve of a study or studies to explore and test economical and
			 practical alternative practices to agricultural burning. To conduct the study,
			 ecology may contract with public or private entities. Any approved study must
			 provide for the identification of the alternatives as soon as
			 possible.
(2) No less than every
			 two years, the task force will review research needs and submitted proposals
			 and make its recommendations to ecology.
Statutory Authority: 2010 c 70,
				  RCW
				  70.94.6528 and Ted Rasmussen Farms, LLC v.
				  State of Washington, Department of Ecology, Docket # 22989-1-III. 10-23-049
				  (Order 10-05), § 173-430-060, filed 11/10/10, effective 12/11/10.
				  Statutory Authority: RCW    70.94.650, 70.94.743, and 70.94.745. 06-16-052 (Order
				  04-10), § 173-430-060, filed 7/26/06, effective 8/26/06. Statutory
				  Authority: RCW    70.94.650. 95-03-083 (Order 94-17), § 173-430-060, filed
				  1/17/95, effective 2/17/95; 93-14-022 (Order 92-58), § 173-430-060, filed
				  6/28/93, effective 7/29/93. Statutory Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-430-060, filed 9/17/90, effective 10/18/90; Order DE 77-20, §
				  173-430-060, filed 11/9/77. Formerly WAC
				  18-16-060.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-070 - General agricultural burning permit conditions and criteria

Current through Register Vol. 24-14, July 15, 2024
Permit decisions including the issuance, denial, or
				conditioning must be based on consideration of air quality conditions in the
				area affected by the proposed burning, the time of year, meteorological
				conditions, the size and duration of the proposed burning activity, the type
				and amount of vegetative material to be burned, the applicant's need to carry
				out the burning, existence of extreme burning conditions, risk of escape onto
				property owned by another, and the public's interest in the environment.
(1) Permits must include the following
			 general conditions:
(a) Do not burn at night
			 unless it is specified as a best management practice;
(b) Comply with all fire safety rules of the
			 local fire protection agency including any no-burn directives it may
			 issue;
(c) Call the local air
			 authority burning information line (if there is one) before lighting the
			 fire;
(d) Burn only during times
			 specified by the permitting authority;
(e) Burn when wind takes the smoke away from
			 roads, homes, population centers, or other public areas, to the greatest extent
			 possible;
(f) Do not burn when
			 adverse meteorological conditions exist;
(g) Burn only natural vegetation;
(h) Do not burn or add fuel during any stage
			 of an air pollution episode or local air quality burning ban;
(i) Attend the fire at all times;
(j) Submit a postburn report to the
			 permitting authority.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-080 - Responsibilities of a permitting authority

Current through Register Vol. 24-14, July 15, 2024
(1) The permitting authority is ecology or
			 its delegate or a local air authority with jurisdiction or its delegate. The
			 permitting authority must establish and administer an agricultural burning
			 permit system. The minimum responsibilities are described in this
			 section.
(2) The permitting
			 authority must act on a complete application (as determined by ecology or a
			 local air authority with jurisdiction) within seven days of receipt.
(a) Local air authorities are required to use
			 application templates and permit templates supplied by ecology. Ecology
			 delegated authorities are required to use applications and permits supplied by
			 ecology.
(b) A map must accompany
			 all permit applications.
(i) The map must
			 accurately depict the topography of the area where the requested burn would
			 take place and include roads, and landmarks.
(ii) The map must accurately show affected
			 acreage to be burned.
(iii) The map
			 must show the position of the field within each section the field occupies,
			 down to the 1/4 - 1/4 section. All four border lines of each section must be
			 outlined with the section number, township, and range clearly marked.
(c) The permitting authority must
			 evaluate the application and approve or deny all or part of it.
(d) The permitting authority must evaluate
			 the application to determine if the requested burning is within the general or
			 crop-specific best management practices.
(e) If the application is denied, the reason
			 must be stated.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-090 - Receiving delegation - Counties, conservation districts, and fire protection agencies

Current through Register Vol. 24-14, July 15, 2024
(1) The permitting
			 authority is ecology or its delegate or a local air authority with jurisdiction
			 or its delegate. The permitting authority is responsible for administering the
			 agricultural burning permit program. The agricultural burning permit program
			 may be delegated to conservation districts, counties, or fire protection
			 agencies.
(2) When ecology or a
			 local air authority with jurisdiction finds that a county, fire protection
			 agency or conservation district is capable of administering the permit program
			 and desires to do so, it may delegate by administrative order the
			 administration, or enforcement authority of the program, or both. The delegated
			 permitting authority must, at a minimum, meet all of the following criteria:
(a) Demonstrating that the responsibilities
			 listed under permitting authority responsibilities section can be
			 fulfilled;
(b) Employing,
			 contracting with, or otherwise accessing someone educated and trained in
			 agronomics;
(c) Providing a copy of
			 the ordinance adopting the local administration portion of the fee;
(d) Providing a copy of agreements between
			 counties, fire districts, and conservation districts when more than one agency
			 will have responsibilities for the agricultural burning program; and
(e) Agreeing to periodic audits and
			 performance reviews.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-100 - Severability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this regulation are severable. If any
				provision is held invalid, the application of the provision to other
				circumstances and the remainder of the regulation will not be
				affected.
Statutory Authority: 2010 c 70,
				  RCW
				  70.94.6528 and Ted Rasmussen Farms, LLC v.
				  State of Washington, Department of Ecology, Docket # 22989-1-III. 10-23-049
				  (Order 10-05), § 173-430-100, filed 11/10/10, effective 12/11/10.
				  Statutory Authority: RCW    70.94.650. 95-03-083 (Order 94-17), §
				  173-430-100, filed 1/17/95, effective
				  2/17/95.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter, promulgated under
				chapters
				43.21A and
				70.94 RCW, establishes the
				following for solid fuel burning devices:
* Emission standards;
* Certification standards and procedures;
* Fuel restrictions ;
* Operation restrictions during impaired air quality burn bans;
				and
* Criteria for prohibiting the use of solid fuel burning
				devices that are not certified.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 88-01-056 (Order
				  87-44), § 173-433-010, filed
				  12/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The provisions of this chapter apply to solid fuel burning
				devices in all areas of the state of Washington.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 88-01-056 (Order
				  87-44), § 173-433-020, filed
				  12/16/87.