Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-430 - Agricultural burning › Section 173-430-040 - Agricultural burning requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Agricultural burning is allowed when it is reasonably necessary to carry out
			 the enterprise. A farmer can show it is reasonably necessary when it meets the
			 criteria of the best management practices and no practical alternative is
			 reasonably available. In certain circumstances, ecology may certify an
			 alternative to burning. Where the certified alternative is reasonably
			 available, burning is not allowed. Certified alternatives are described in WAC
			 173-430-045.
(2) For allowed agricultural burning, ecology
			 or local air authorities with jurisdiction will make daily or specific fire
			 burn calls (during times of anticipated burning) and use metering when
			 necessary to minimize the potential for adverse air quality impacts. Metering
			 is a technique of limiting emission from burning at specific times and places
			 by taking into account potential emission rates, forecasted weather
			 (dispersion), and current and projected air quality. The burn decision process
			 will consider: The potential number of burns and their expected size(s) and
			 duration(s); recent and current ambient concentrations of pollutants; other
			 potential emissions sources; and evaluations and judgments about how
			 foreseeable meteorological conditions will affect concentrations of pollutants
			 in the air sheds.
(a) For the purposes of
			 this section: The smoke management index is a set of conditions that guide the
			 production of certain reports as described in (c) of this subsection and
			 evaluations as described in (d) of this subsection. The smoke management index
			 is not an air quality standard as defined in
			 RCW
			    70.94.030(4) and further
			 identified in
			 RCW
			    70.94.331. The smoke management index is not
			 an emission standard as defined in
			 RCW
			    70.94.030(9) and further
			 identified in
			 RCW
			    70.94.331. The smoke management index is not
			 an air pollution episode as described in
			 RCW
			    70.94.710.
(b) Ecology and local air authorities making
			 daily or specific fire burn calls in areas where PM2.5 concentrations are
			 regularly monitored will follow the procedures in (c) of this subsection when
			 making the burn decision whenever either of the following smoke management
			 index conditions exist:
(i) A most recent
			 daily average (twenty-four-hour) PM2.5 concentration was equal to or greater
			 than 16 micrograms per cubic meter. This is based on the division between the
			 "good" and "moderate" classifications of the 2009 U.S. Environmental Protection
			 Agency's Air Quality Index (AQI) for (twenty-four hours average PM2.5)
			 particulate matter.
(ii) A two-hour
			 rolling average PM2.5 concentration, during the most recent twenty-four to
			 thirty hours was equal to or greater than the regional seasonal average PM2.5
			 concentration plus 15 micrograms per cubic meter.
(c) In authorizing additional burning, a
			 determination will be documented explaining that the decision to allow
			 additional burning is not expected to result in a further significant
			 deterioration of air quality. The determination will be entered on a standard
			 form noting the date, time, the location of the additional burning, the size of
			 the burn(s), and a brief explanation of the opinion as to why the additional
			 burning is not expected to result in a further, significant reduction of air
			 quality. The purpose of the determination and recordkeeping requirements of
			 this section is to enhance agency and public understanding of the effectiveness
			 of the daily burn and metering decision-making process, and to improve its
			 application over time. A notice of the determinations will be made by ecology
			 or a local air authority with jurisdiction at the time the daily burn decision
			 is communicated. Ecology or a local air authority with jurisdiction will also
			 periodically make the determination forms conveniently available to the
			 public.
(d) Following a
			 determination described in (c) of this subsection and a deterioration of air
			 quality to levels equal to or greater than a two-hour rolling average
			 concentration of the regional seasonal average PM2.5 concentration plus 25
			 micrograms per cubic meter in the specific area during the twenty hours
			 following such determination, ecology or the local air authority with
			 jurisdiction will evaluate the deterioration and document any findings and
			 opinions regarding why the deterioration occurred. Ecology or the local air
			 authority with jurisdiction will make evaluations under this subsection
			 conveniently available to the public.
(e) Ecology or a local air authority with
			 jurisdiction may evaluate emission dispersion impacts in the regular course of
			 business. In addition, ecology or the local air authority with jurisdiction
			 will produce an annual report summarizing determinations and evaluations under
			 the smoke management index.
(f)
			 Under RCW
			    70.94.473 and
			 70.94.6512, no burning is
			 authorized when an air quality alert, warning, emergency or impaired air
			 quality condition has been issued.
(g) For purposes of protecting public health
			 (not eliminating agricultural burning), if an area exceeds or threatens to
			 exceed unhealthy air pollution levels, the permitting authority may limit the
			 number of acres, on a pro rata basis as provided by
			 RCW
			    70.94.6532 or by 70.94.6528.