reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC are
				incorporated by reference. Unless a different meaning is clearly required by
				context, the following words and phrases as used in this chapter have the
				following meanings:
(1) "Adequate
			 source of heat" means the ability to maintain seventy degrees Fahrenheit at a
			 point three feet above the floor in all normally inhabited areas of a
			 dwelling.
(2) "Area at risk for
			 nonattainment" means an area where the three-year average of the annual
			 ninety-eighth percentile of twenty-four hour PM-2.5 levels is greater than
			 twenty-nine micrograms per cubic meter based on monitoring data for 2008-2010.
			 Ecology processed all statewide data according to methods defined in  40 C.F.R.
			 Part 50  Appendix N and determined that the following areas are areas at risk
			 for non-attainment:
*Darrington;
* Marysville;
*Tacoma-Pierce County Nonattainment Area as described in
				40 C.F.R.
				81.348;
* Yakima.
(3)
			 "Certified" means that a woodstove meets emission performance standards when
			 tested by an accredited independent laboratory and labeled according to
			 procedures specified by the EPA in " 40 C.F.R. 60 Subpart AAA - Standards of
			 Performance for Residential Wood Heaters" as amended through July 1,
			 1990.
(4) "Coal-only heater" means
			 an enclosed, coal burning appliance capable of and intended for residential
			 space heating, domestic water heating, or indoor cooking, which has all of the
			 following characteristics:
(a) An opening for
			 emptying ash which is located near the bottom or the side of the
			 appliance;
(b) A system which
			 admits air primarily up and through the fuel bed;
(c) A grate or other similar device for
			 shaking or disturbing the fuel bed or power driven mechanical stoker;
			 and
(d) The model is listed by a
			 nationally recognized safety testing laboratory for use of coal only, except
			 for coal ignition purposes.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-100 - Emission performance standards

Current through Register Vol. 24-14, July 15, 2024
(1)
Woodstove
Woodstove sales must comply with the requirements of
			 subsection (3) of this section, Solid fuel burning devices.
(2)
Fireplaces.
A person must
			 not advertise to sell, offer to sell, sell, bargain, exchange, or give away a
			 factory built fireplace unless it meets the 1990 EPA standards for woodstoves
			 or equivalent standard that may be established by the state building code
			 council by rule. Subsection (3) of this section does not apply to fireplaces,
			 including factory built fireplaces, and masonry fireplaces.
(3)
Solid fuel burning devices.
A person must not advertise to sell, offer to sell, sell, bargain, exchange, or
			 give away a solid fuel burning device in Washington unless it has been
			 certified and labeled in accordance with procedures and criteria specified in "
			  40 C.F.R. 60  Subpart AAA - Standards of Performance for Residential Wood
			 Heaters" as amended through July 1, 1990, and meets the following particulate
			 air contaminant emission standards and the test methodology of the EPA in
			 effect on January 1, 1991, or an equivalent standard under any test methodology
			 adopted by the EPA subsequent to such date:
(a) Two and one-half grams per hour for
			 catalytic wood-stoves; and
(b) Four
			 and one-half grams per hour for all other solid fuel burning devices.
(c) For purposes of this subsection,
			 "equivalent" means the emissions limits specified in this subsection
			 multi-plied by a statistically reliable conversion factor determined by ecology
			 that relates the emission test results from the methodology established by the
			 EPA prior to May 15, 1991, to the test results from the methodology
			 subsequently adopted by that agency.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-110 - Opacity standards

Current through Register Vol. 24-14, July 15, 2024
(1)
Statewide opacity standard
.
(a) A
			 person must not cause or allow emission of a smoke plume from any solid fuel
			 burning device to exceed an average of twenty percent opacity for six
			 consecutive minutes in any one-hour period.
(b) A local air authority must not adopt or
			 enforce an opacity level for solid fuel burning devices that is more stringent
			 than the statewide standard.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-120 - Prohibited fuel types

Current through Register Vol. 24-14, July 15, 2024
A person must not cause or allow any of the following
				materials to be burned in a solid fuel burning device:
(1) Garbage;
(2) Treated wood;
(3) Plastic and plastic products;
(4) Rubber products;
(5) Animal carcasses;
(6) Asphaltic products;
(7) Waste petroleum products;
(8) Paints and chemicals; or
(9) Any substance which normally emits dense
			 smoke or obnoxious odors other than paper to start the fire, properly seasoned
			 fuel wood, or coal with sulfur content less than 1.0% by weight burned in a
			 coal-only heater.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-07-066
				  (Order 90-58), § 173-433-120, filed 3/20/91, effective 4/20/91. Statutory
				  Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-433-120, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-054 (Order
				  88-38), § 173-433-120, filed 1/3/89; 88-01-056 (Order 87-44), §
				  173-433-120, 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 173-433-130 - General emission standards

Current through Register Vol. 24-14, July 15, 2024
In addition to the general applicability of chapter 173-400 WAC
				to all emission sources;
(1) Emissions
			 detrimental to persons or property. No person shall cause or permit the
			 emission of any air contaminant from an identifiable solid fuel burning device,
			 including any air contaminant whose emission is not otherwise prohibited by
			 this chapter, if the air contaminant emission causes detriment to the health,
			 safety, or welfare of a person, plant or animal, or causes damage to property
			 or business.
(2) Odors. Any person
			 who shall cause or allow the generation of any odor from any solid fuel burning
			 device which may interfere with any other property owner's use or enjoyment of
			 his property must use recognized good practice and procedures to reduce these
			 odors to a reasonable minimum.
Statutory Authority:
				  Chapter
				  70.94 RCW. 91-07-066
				  (Order 90-58), § 173-433-130, filed 3/20/91, effective 4/20/91. Statutory
				  Authority:
				  RCW
				     70.94.331. 90-19-062 (Order 90-10), §
				  173-433-130, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-054 (Order
				  88-38), § 173-433-130, filed
				  1/3/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-140 - Criteria for impaired air quality burn bans

Current through Register Vol. 24-14, July 15, 2024
Ecology or a local air authority may call an impaired air
				quality burn ban as follows:
(1)
Stage 1 impaired air quality burn ban:
(a) Ecology or the local air authority may
			 call a stage 1 impaired air quality burn ban when they predict that the
			 twenty-four hour average of PM-2.5 levels will reach or exceed thirty-five
			 micrograms per cubic meter within forty-eight hours.
(b) Pierce, Snohomish, and Yakima counties
			 each contain at least one area at risk for nonattainment. In these counties,
			 the local air authority may call a stage 1 impaired air quality burn ban when
			 they predict that the twenty-four hour average of PM-2.5 levels will reach or
			 exceed thirty micro-grams per cubic meter within seventy-two hours.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-150 - Restrictions on operation of solid fuel burning devices

Current through Register Vol. 24-14, July 15, 2024
(1)
Stage 1 impaired air quality burn
			 ban:
(a) Except as described in (b) of
			 this subsection, a person must not operate any solid fuel burning device during
			 a stage 1 impaired air quality burn ban when all of the following apply:
*The solid fuel burning device is located in a residence or
				commercial establishment within the geographical area covered by the stage 1
				impaired air quality burn ban.
* The residence or commercial establishment has an adequate
				source of heat other than a solid fuel burning device.
(b) A person meeting all of the conditions in
			 (a) of this subsection must not operate any solid fuel burning device during a
			 stage 1 impaired air quality burn ban unless the solid fuel burning device is
			 one of the following:
(i) A nonaffected pellet
			 stove; or
(ii) A woodstove
			 certified and labeled by the EPA under "  40 C.F.R. 60  Subpart AAA - Standards
			 of Performance for Residential Wood Heaters" as amended through July 1, 1990;
			 or
(iii) A woodstove meeting the
			 "Oregon Department of Environmental Quality Phase 2" emissions standards
			 contained in Subsections (2) and (3) of Section 340-21-115, and certified in
			 accordance with "Oregon Administrative Rules, Chapter 340, Division 21 -
			 Woodstove Certification" dated November 1984.
(c) Except as allowed by (b) of this
			 subsection, a person already operating a solid fuel burning device when a stage
			 1 impaired air quality burn ban begins must withhold new solid fuel for the
			 duration of the impaired air quality burn ban.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-155 - Criteria for prohibiting solid fuel burning devices that are not certified

Current through Register Vol. 24-14, July 15, 2024
(1) After
			 January 1, 2015, and after meeting the requirements in subsection (3) of this
			 section, ecology or the local air authority may prohibit the use of solid fuel
			 burning devices in a nonattainment area or an area with an approved PM-2.5
			 maintenance plan.
(2) Except as
			 provided in subsection (3) of this section, the prohibition will prohibit the
			 use of solid fuel burning devices that are not certified, even in the absence
			 of an air quality episode or impaired air quality burn ban.
(3) Before prohibiting the use of solid fuel
			 burning devices as allowed in subsections (1) and (2) of this section, ecology
			 or a local air authority must:
(a) Allow
			 exemptions from this subsection as described in
			 RCW
			    70.94.477(2) and
			 70.94.477(6).
(b) Seek input from any city, county, or
			 jurisdictional health department affected by the proposal to prohibit the use
			 of solid fuel burning devices.
(c)
			 Make the following written findings:
(i) The
			 EPA has designated the area nonattainment for PM-2.5 or has approved a PM-2.5
			 maintenance plan for the area.
(ii)
			 Emissions from solid fuel burning devices in the area are a major contributing
			 factor for violating the national ambient air quality standard for
			 PM-2.5.
(iii) The area has an
			 adequately funded program to assist low-income households to secure an adequate
			 source of heat.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-170 - Retail sales fee

Current through Register Vol. 24-14, July 15, 2024
Fees can be found in chapter 173-455 WAC.
Statutory Authority:
				  RCW
				  70.94.181, [70.94.]152,[70.94.]331, [70.94.]650, [70.94.]745, [70.94.]892,[70.94.]011 . 07-19-005 (Order 07-10),
				  § 173-433-170, filed 9/6/07, effective 10/7/07. Statutory Authority:
				  Chapter
				  70.94 RCW and 501-506 ESHB
				  1028, 1991. 93-04-105 (Order 91-55), § 173-433-170, filed 2/3/93,
				  effective 3/6/93. Statutory Authority:
				  Chapter
				  70.94 RCW. 91-07-066
				  (Order 90-58), § 173-433-170, filed 3/20/91, effective 4/20/91. Statutory
				  Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-054 (Order
				  88-38), § 173-433-170, filed
				  1/3/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-433 - Solid fuel burning devices › Section 173-433-200 - Regulatory actions and penalties

Current through Register Vol. 24-14, July 15, 2024
A person in violation of this chapter may be subject to the
				provisions of WAC
				173-400-230 Regulatory actions
				and WAC 173-400-240 Criminal
				penalties.
Statutory Authority:
				  RCW
				  70.94.331. 90-19-062 (Order 90-10), §
				  173-433-200, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 88-01-056 (Order
				  87-44), § 173-433-200, filed
				  12/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter, promulgated under
				chapter
				70.94 RCW, establishes
				emissions standards, design requirements, and performance standards for solid
				waste incinerator facilities.
Statutory Authority:
				  RCW
				  70.94.331. 90-19-062 (Order 90-10), §
				  173-434-010, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapter
				  70.94 RCW. 87-07-041
				  (Order 86-38), § 173-434-010, filed
				  3/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-020 - Applicability and compliance

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 provisions of this chapter shall apply statewide to all incinerator facilities
			 that:
(a) Are constructed after January 1,
			 1985, which are designed to burn twelve or more tons per day of solid waste;
			 or
(b) Were constructed prior to
			 January 1, 1985, but begin to burn twelve or more tons per day of solid waste
			 after January 1, 1985.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The definitions of terms contained in chapter 173-400 WAC are
				incorporated by reference. Unless a different meaning is clearly required by
				context, the following words and phrases as used in this chapter, shall have
				the following meanings.
(1)
			 "Incinerator facility" means all of the emissions unit(s), including
			 quantifiable fugitive emissions, which are located in one or more contiguous or
			 adjacent properties, and are under the control of the same person(s), whose
			 activities are principal or ancillary to the incineration of solid waste.
			 Ancillary activities include, but are not limited to, solid waste receiving,
			 segregating and processing, solid waste derived fuel receiving and handling,
			 fuel storage and mixing, heat recovery equipment, steam generating equipment,
			 cooling towers, emissions control equipment, ash handling, ash storage, and
			 combustion.
(2) "Residence time"
			 means the minimum amount of time that a parcel of gas is subject to a given
			 temperature.
(3) "Solid waste"
			 means all putrescible and nonputrescible solid and semisolid wastes, including
			 but not limited to garbage, rubbish, ashes, industrial wastes, swill,
			 demolition and construction wastes, abandoned vehicles or parts thereof,
			 discarded commodities, septage from septic tanks, dangerous waste, refuse
			 derived fuel, solid waste derived fuel, problem wastes, and all materials which
			 are not primary products of public, private, industrial, commercial, mining,
			 and agricultural operations. This definition includes, but is not limited to,
			 all materials that fit the definitions of municipal solid waste in  40 C.F.R.
			 60, subparts Cb, Ea, Eb, AAAA, or BBBB, as well as all materials that fit the
			 definitions of commercial and industrial solid waste in  40 C.F.R. 60, subparts
			 CCCC or DDDD, in effect on July 1, 2003. Notwithstanding the above, solid waste
			 does not include:
(a) Creosote treated wood
			 at facilities with an order of approval or Prevention of Significant
			 Deterioration (PSD) permit issued on or after December 1, 2003, for burning
			 such wood, provided that such wood has not been in or repeatedly splashed by
			 marine or brackish water;
(b) At a
			 Portland cement plant kiln;
(i) Tires;
			 and
(ii) Waste oil that is
			 nonhazardous as defined by WAC
			 173-303-515, Standards for the
			 management of used oil;
(c) Wood waste; or
(d) Sludge from waste water treatment
			 plants.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-090 - Operation and maintenance plan

Current through Register Vol. 24-14, July 15, 2024
As part of a condition of approval of the notice of
				construction, the owner or operator of the incinerator shall develop a plan for
				the operation and maintenance of all equipment and procedures that can cause or
				control air pollution. This plan must be approved by ecology or the authority
				prior to initial startup or testing. Every twenty-four months thereafter, the
				owner or operator must obtain approval of a new or updated plan to continue
				operation. The plan may include operating parameters, maintenance procedures
				and operation personnel training requirements and procedures to assure that the
				source will comply with all applicable rules, resolutions, regulations, safety
				practices, and ordinances.
Statutory Authority:
				  RCW
				  70.94.331. 90-19-062 (Order 90-10), §
				  173-434-090, filed 9/17/90, effective
				  10/18/90.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-110 - Standards of performance

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Notwithstanding WAC
			 173-400-115, the following
			 sections of      40 C.F.R. part 60, subpart Eb, in effect on July 1, 2003, are
			 hereby incorporated by reference with the exceptions in subsection 110(2):
(a) 40 C.F.R. part 60, subpart Eb,
			 subsections 60.52b(a)(3), (a)(5), (b)(2), (c)(1), and (c)(2);
(b) All the rest of 40 C.F.R. part 60,
			 subpart Eb.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-130 - Emission standards

Current through Register Vol. 24-14, July 15, 2024
In addition to the general applicability of chapters 173-400
				and 173-490 WAC to all emission sources; no incinerator facility shall cause or
				permit air contaminant emissions in excess of the limits listed below. Specific
				emission standards listed in this chapter will take precedence over the general
				emission standards of chapter 173-400 WAC.
(1) Particulate.
(a) For incinerator facilities that are
			 capable of burning two hundred fifty or more tons of solid waste per day,
			 emissions from each stack shall not exceed 0.046 grams of particulate per dry
			 cubic meter at standards conditions (0.020 grains/dscf) corrected to seven
			 percent oxygen for an hourly average.
(b) For incinerator facilities that have a
			 maximum capability of burning less than two hundred fifty tons of solid waste
			 per day, emissions from each stack shall not exceed 0.069 grams of particulate
			 per dry cubic meter at standards conditions (0.030 grains/dscf) corrected to
			 seven percent oxygen for an hourly average.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-160 - Design and operation

Current through Register Vol. 24-14, July 15, 2024
(1) Combustion.
(a) Combustion zone temperature. Whenever
			 solid waste is being burned, the temperature of the final combustion zone shall
			 not be below 982°C (1800°F) for a fifteen minute average nor below
			 871°C (1600°F) for any reading.
(b) Combustion zone residence time. The
			 minimum combustion chamber temperature must be maintained for at least one
			 second (1.0 second) in a zone after the last over fire air has entered the
			 combustion chamber. If over fire air is not used, the combustion chamber shall
			 maintain the minimum combustion temperature or greater for at least one second
			 with all combustion gases. Procedures for determining the residence time shall
			 be a part of the new source review.
(c) Excess air. The combustion gases leaving
			 the final combustion zone must contain at least three percent oxygen measured
			 on a wet basis.
(d) Combustion air
			 distribution and control. The air distribution shall be fully controllable
			 where pressurized air is introduced and the air flow shall be monitored and
			 recorded.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-170 - Monitoring and reporting

Current through Register Vol. 24-14, July 15, 2024
The owners or operators of each incinerator facility shall
				conduct routine monitoring of emissions in accordance with a program that has
				been approved by ecology or the authority. The program must contain quality
				control and quality assurance procedures.
(1) Monitoring.
(a) The owners or operators shall install,
			 operate, and maintain continuous monitors and recorders for the following:
(i) Opacity;
(ii) Combustion zone temperature;
(iii) Particulate control device
			 temperature;
(iv) Hydrogen chloride
			 and/or sulfur dioxide;
(v)
			 Oxygen;
(vi) Carbon
			 monoxide;
(vii) Combustion air
			 distribution.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-190 - Changes in operation

Current through Register Vol. 24-14, July 15, 2024
(1) If a startup,
			 shutdown, breakdown, or upset condition occurs which could result in an
			 emissions violation or a violation of an ambient air quality standard, the
			 owner or operator of the source shall take the following actions as applicable:
(a) For a planned condition, such as a
			 startup or shutdown, the condition shall be reported to ecology or the
			 authority not less than twenty-four hours in advance of its occurrence. For
			 incinerator facilities that normally operate for less than twenty-four hours
			 per day, this provision may be waived provided that daily startup and shutdown
			 procedures are developed that are acceptable to ecology or the
			 authority.
(b) For unplanned
			 conditions, such as a breakdown or upset, the condition shall be reported to
			 ecology or the authority as soon as possible, but no later than the end of the
			 next business day.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-200 - Emission inventory

Current through Register Vol. 24-14, July 15, 2024
The owner or operator of any solid waste incinerator shall
				submit an inventory of emissions that complies with WAC
				173-400-105. The inventory shall
				include but may not be limited to stack and fugitive emissions of particulate
				matter, PM-10, sulfur dioxide, nitrogen oxides, carbon monoxide, volatile
				organic compounds, hydrogen chloride, and other contaminants as requested by
				ecology or the authority or as required by federal emissions reporting
				requirements.
Statutory Authority:
				  RCW
				  70.94.331 and
				  70.94.510. 04-01-159 (Order
				  02-05), § 173-434-200, filed 12/22/03, effective 1/22/04. Statutory
				  Authority:
				  RCW
				  70.94.331. 90-19-062 (Order 90-10), §
				  173-434-200, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-434-200, filed 1/3/89. Statutory Authority:
				  Chapter
				  70.94 RCW. 87-07-041
				  (Order 86-38), § 173-434-200, filed
				  3/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-434 - Solid waste incinerator facilities › Section 173-434-210 - Special studies

Current through Register Vol. 24-14, July 15, 2024
Ecology or the authority may require such additional special
				studies relevant to process emissions and establish completion dates as it
				determines necessary. These special studies may include the requirement to
				conduct studies of dioxin emissions and control measures.
Statutory Authority:
				  RCW
				  70.94.331. 90-19-062 (Order 90-10), §
				  173-434-210, filed 9/17/90, effective 10/18/90. Statutory Authority:
				  Chapter
				  70.94 RCW. 87-07-041
				  (Order 86-38), § 173-434-210, filed
				  3/16/87.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
These rules implement
				chapter
				70.94 RCW, the Washington
				State Clean Air Act.
Air pollution episodes occur under meteorological conditions
				that reduce the effective volume of air into which air contaminants are
				introduced. When these conditions occur, there is a possible danger that normal
				operations at air contaminant sources will be detrimental to public health and
				safety. The avoidance of high contaminant concentrations reaching significant
				harm levels during an episode requires a plan which will provide for rapid
				short-term emission reduction. This chapter sets up such an episode avoidance
				plan.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-010, filed 1/3/89; Order DE 77-21, § 173-435-010,
				  filed 10/31/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-015 - Significant harm levels

Current through Register Vol. 24-14, July 15, 2024
Significant harm levels are reached when any one of the
				following pollutant concentrations are measured:
(1) Sulfur dioxide - 2,620
			 MICROg/m3 (1.0 ppm), 24-hour average.
(2) PM-10 - 600 micrograms/cubic meter,
			 24-hour average.
(3) Carbon
			 monoxide - 57.5 mg/m3 (50 ppm), 8-hour average, 86.3
			 mg/m3 (75 ppm) 4-hour average, 144
			 mg/m3 (125 ppm) 1-hour average.
(4) Ozone - 1,200
			 MICROg/m3 (0.6 ppm) - 2-hour average.
(5) Nitrogen dioxide - 3,750
			 MICROg/m3 (2.0 ppm) 1-hour average, 938
			 MICROg/m3 (0.5 ppm) 24-hour average.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-015, filed
				  1/3/89.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-020 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Unless a different meaning is clearly required by context,
				words and phrases used in this chapter shall have the following meanings,
				general terms common with other chapters as defined in chapter 173-403 WAC, and
				terms specific to the emergency episode plan as defined below.
(1) "Air quality control region" means an
			 area designated as an air quality control region by the federal environmental
			 protection agency.
(2) "Episode
			 stage" means a prescribed level of air contaminants or meteorological
			 conditions where certain control actions are required to prevent ambient
			 pollutant concentrations from reaching levels which could cause significant
			 harm to the health of persons.
(3)
			 "Emergency action center" means the headquarters for all department actions
			 during an episode stage.
(4) "Hour"
			 means a 60 minute period, beginning and ending on a clock hour.
(5) "8 hours" means any consecutive 8 hours,
			 starting at any clock hour.
(6)
			 "Major source" means any source which is estimated to emit at an annual rate of
			 twenty-five tons per year or more of SO2, particulates,
			 or carbon monoxide.
(7) "Source
			 emission reduction plan (SERP)" means a plan developed for an individual air
			 pollution source and approved by the director, which sets forth the actions to
			 be taken at that source upon the declaration of various stages of an
			 episode.
(8) "24 hours" means any
			 consecutive 24 hours, starting at any clock hour.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-020, filed 1/3/89; Order DE 77-21, § 173-435-020,
				  filed 10/31/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-030 - Episode stage criteria

Current through Register Vol. 24-14, July 15, 2024
The declaration of episode stages shall be in accordance with
				the following criteria:
(1)
Stage:
"First or forecast" - the forecast stage indicates the
			 presence of meteorological conditions conducive to the accumulation of air
			 contaminants. A forecast stage may be declared when an air stagnation advisory
			 is issued by the national weather service or there is equivalent indication of
			 stagnant atmospheric conditions and conditions are forecast to persist for 24
			 hours. Declaration of this stage will activate increased air quality
			 surveillance.
(2)
Stage:
"Second or alert" - the alert stage is that concentration of pollutants
			 at which control actions are to begin. An alert will be declared when any one
			 of the following levels is reached:
(a)
			 SO2 - 800 MICROg/m3 (0.3
			 ppm), 24-hour average.
(b) PM-10 -
			 350 MICROg/m3, 24-hour average.
(c) CO - 17 mg/m3
			 (15 ppm), 8-hour average.
(d)
			 Oxidant (O3) - 400 MICROg/m3
			 (0.2 ppm) - 1-hour average.
(e)
			 NO2 - 1130 MICROg/m3 (0.6
			 ppm) 1-hour average, 282 MICROg/m3 (0.15 ppm)
			 24-hour average; and meteorological conditions are such that the pollutant
			 concentrations can be expected to remain at or above the alert levels for 12 or
			 more hours or can be expected to recur within 24 hours unless control actions
			 are taken.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-040 - Source emission reduction plans

Current through Register Vol. 24-14, July 15, 2024
(1)
			 Any person responsible for the operation of a major source, when requested in
			 writing by the director, shall prepare, in consultation with the department, a
			 source emission reduction plan (SERP). This SERP shall be consistent with good
			 industrial practice and safe operating procedures for reducing the emissions of
			 air contaminants into the ambient air during periods of air pollution alert,
			 warning, and emergency.
(2) SERPs
			 shall be in writing and shall show the source of air contamination, describe
			 the manner in which the reduction of air contaminant emissions will be achieved
			 during periods of air pollution alert, warning, and emergency, and give the
			 amount of reduction for each stage.
(3) During periods of air pollution alert,
			 warning, or emergency, SERPs shall be made available, on the premises of
			 sources required under this section to have them, to any person authorized to
			 enforce the provisions of this episode avoidance plan.
(4) SERPs shall be submitted to the director
			 within 30 days after receipt of a request thereof.
(5) SERPs shall be reviewed and approved by
			 the director. If, in the opinion of the director, and SERP does not, in whole
			 or in part, provide for satisfactory emission reduction during an episode, the
			 director may disapprove such SERP, give the reason for disapproval, and require
			 the resubmittal of same within a specified time period.
If within the time period specified, the person responsible
				fails to submit a SERP satisfactory to the director, the director may revise
				the SERP to cause it to meet episode avoidance objectives. This revised plan
				will then be the SERP for the source to which it applies.
(6) SERPs may be amended after submission to
			 the director of a revised SERP. This revised SERP will be processed in the same
			 manner as the originally submitted SERP.
(7) An emission reduction plan for the
			 purpose of reducing motor vehicle emissions during episode stages, will be
			 developed or approved by the department. These plans may include actions to be
			 taken by other governmental units, citizens, and businesses.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-040, filed 1/3/89; Order DE 77-21, § 173-435-040,
				  filed 10/31/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-050 - Action procedures

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever
			 applicable criteria are met, the director may declare and terminate the
			 forecast, alert, and warning stages of an episode. This declaration shall
			 constitute an order for action in accordance with applicable SERPs.
(2) No open fires shall be ignited during any
			 stage of an episode. Any person responsible for an open fire already ignited
			 shall extinguish that fire when informed that an episode has been declared.
			 Open fires conducted under the auspices of the department of natural resources
			 for the purpose of burning forest slash pursuant to RCW    70.94.660 through
			 70.94.700 are to be extinguished by withholding new fuel and allowing the fire
			 to burn down.
(3) Whenever
			 applicable criteria are met, the governor may declare and terminate the
			 emergency stage of an episode. This declaration shall constitute an order for
			 action in accordance with applicable SERPs.
(4) Adverse air quality need not be
			 region-wide for any episode stage to be declared. Action procedures may be
			 taken for any area affected or likely to be affected by episode conditions. The
			 declaration of any episode stage shall specify the area to which it
			 applies.
(5) The broadest publicity
			 practicable shall be given to the declaration of any episode stage. Such
			 declaration shall, as soon as possible, be directly communicated to all persons
			 responsible for the carrying out of SERPs within the affected area.
(6) Regardless of whether any episode stages
			 have previously been declared, whenever the governor finds that emissions are
			 causing imminent danger to public health or safety, the governor may declare an
			 air pollution emergency and order the persons responsible for the operation of
			 sources causing the danger, to reduce or discontinue emissions consistent with
			 good operating practice, safe operating procedures, and SERPs, if
			 any.
(7) Whenever an episode stage
			 is declared on the basis of contaminant levels of carbon monoxide, oxidant, or
			 nitrogen dioxide, the director shall take such action as may be required to
			 reduce emissions from motor vehicles. These actions may include, but are not
			 limited to, the rerouting or detouring of traffic. Actions to be taken by
			 cities and businesses will be established and implemented according to plans
			 developed by them and approved by the department. These plans must meet
			 criteria for emission reduction established by the department.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-050, filed 1/3/89; Order DE 77-21, § 173-435-050,
				  filed 10/31/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-060 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever any
			 episode stage has been declared, the department shall establish an emergency
			 action center, which shall be the headquarters for all department actions
			 during the episode.
(2) The
			 department shall develop an operations manual, which shall set forth a plan for
			 the receipt, processing, and dissemination of information and data during an
			 episode.
(3) Enforcement with
			 respect to any episode shall be directed from the emergency action center by
			 the director in consultation with the governor's office.
(4) Authorized personnel of the department,
			 the department of social and health services, and the state police shall have
			 the authority to enforce orders of the director or the governor, issued under
			 this chapter, as directed from the emergency action center. In addition,
			 authorized personnel of any local air pollution control agency or local police
			 force shall have the authority to enforce such orders against sources within
			 the area over which that agency or police force has jurisdiction, as directed
			 from the emergency action center.
(5) To determine compliance with any SERP,
			 those persons authorized to enforce orders, hereunder, shall have the authority
			 to enter upon any private or public property, excepting nonmultiple unit
			 private dwellings, housing two families or less. No person shall refuse entry
			 or access to enforcement personnel who request entry and present appropriate
			 credentials.
(6) Whenever it
			 appears that action being taken in compliance with SERPs will not avert
			 imminent danger to public health and safety, the governor may order the
			 following additional measures:
(a) Stopping
			 and prohibiting motor vehicle travel and traffic;
(b) Closing down or restricting the use of
			 any business, commercial, industrial or other establishment or activity which
			 contributes to the emission of contaminants to the air.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-435 - Emergency episode plan › Section 173-435-070 - Sampling sites, equipment, and methods

Current through Register Vol. 24-14, July 15, 2024
(1) Data from all stations shall be
			 considered when determining episode conditions. The department shall specify
			 PM-10 monitoring stations to be operated continuously during any episode stage
			 for episode management purposes. Stations from which episode declarations are
			 based must be located in such a manner that the area represented by that
			 station and the sources contributing to the episode condition can reasonably be
			 determined and corrective actions taken.
(2) Sampling and analysis will be done by
			 federal reference or federal equivalent methods; except the department may
			 approve other sampling and analysis methods for PM-10 if reasonable site
			 specific equivalency with the federal reference method has been demonstrated.
			 This equivalency must be reestablished biennially.
Statutory Authority:
				  Chapters
				  70.94 and
				  43.21A RCW. 89-02-055 (Order
				  88-39), § 173-435-070, filed 1/3/89; Order DE 77-21, § 173-435-070,
				  filed 10/31/77.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-010 - Scope

Current through Register Vol. 24-14, July 15, 2024
This rule establishes mandatory greenhouse gas (GHG) reporting
				requirements for owners and operators of certain facilities that directly emit
				GHG as well as for certain suppliers and electric power entities. For
				suppliers, the GHGs reported are the quantity that would be emitted from the
				complete combustion or oxidation of the products supplied.
Statutory Authority:   2010 c  146, and chapters 70.235 and
				  70.94 RCW. 10-24-108 (Order 10-08),
				  § 173-441-010, filed 12/1/10, effective
				  1/1/11.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-030 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The GHG reporting requirements and related monitoring,
				recordkeeping, and reporting requirements of this chapter apply to the owners
				and operators of any facility that meets the requirements of subsection (1) of
				this section; any supplier that meets the requirements of subsection (2) of
				this section; and any electric power entity that meets the requirements of
				subsection (3) of this section. In determining whether reporting is required,
				the requirements of each subsection must be applied independently of the
				requirements of the other subsections. Research and development activities are
				not considered to be part of any source category defined in this
				chapter.
(1)
Facility
			 reporting.
Reporting is mandatory for an owner or operator of any
			 facility located in Washington state with total GHG emissions that exceeds the
			 reporting threshold defined in (a) of this subsection. GHG emissions from all
			 applicable source categories listed in WAC
			 173-441-120
			 at the facility must be included when determining whether emissions from the
			 facility meet the reporting threshold.
(a)
Facility reporting threshold.
Any facility that emits 10,000
			 metric tons CO2e or more per calendar year in total GHG
			 emissions from all applicable source categories listed in WAC
			 173-441-120
			 exceeds the reporting threshold.
(b)
Calculating facility emissions for
			 comparison to the thresh-old.
To calculate GHG emissions for comparison
			 to the reporting threshold, the owner or operator must:
(i) Calculate the total annual emissions of
			 each GHG in metric tons from all applicable source categories that are listed
			 and defined in WAC
			 173-441-120.
			 The GHG emissions must be calculated using the calculation methodologies
			 specified in WAC
			 173-441-120
			 and available company records.
(ii)
			 Include emissions of all GHGs that are listed in Table A-1 of WAC
			 173-441-040,
			 including all GHG emissions from the combustion of biomass and all fugitive
			 releases of GHG emissions from biomass, calculated as provided in the
			 calculation methods referenced in Table 120-1.
(iii) Sum the emissions estimates for each
			 GHG and calculate met-ric tons of CO2e using Equation
			 A-1 of this subsection.
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Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-050 - General monitoring, reporting, recordkeeping and verification requirements

Current through Register Vol. 24-14, July 15, 2024
Persons subject to the requirements of this chapter must submit
				GHG reports to ecology, as specified in this section. Every metric ton of
				CO2e emitted by a reporter required to report under this
				chapter and covered under any applicable source category listed in WAC
				173-441-120,
				173-441-122, or 173-441-124 must be included in the report.
(1)
General.
Follow the
			 procedures for emission calculation, monitoring, quality assurance, missing
			 data, recordkeeping, and reporting that are specified in each relevant section
			 of this chapter.
(2)
Schedule.
The annual GHG report must be submitted as follows:
(a) Report submission due date:
(i) A person required to report or
			 voluntarily reporting GHG emissions under WAC
			 173-441-030 must
			 submit the report required under this chapter to ecology no later than March
			 31st of each calendar year for GHG emissions in the previous calendar year.
			 Electric power entities reporting under WAC 173-441-124 must submit a report
			 based on best available information by March 31st. Electric power entities
			 reporting under WAC 173-441-124 must submit a final revised report by June 1st
			 of each calendar year for GHG emissions in the previous calendar year
			 consistent with deadlines for electric power entities in external GHG emissions
			 trading programs.
(ii) Unless
			 otherwise stated, if the final day of any time period falls on a weekend or a
			 state holiday, the time period shall be extended to the next business
			 day.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-441 - Reporting of emissions of greenhouse gases › Section 173-441-070 - Report submittal

Current through Register Vol. 24-14, July 15, 2024
The following must be submitted electronically in accordance
				with the requirements of WAC
				173-441-050
				and
				173-441-060
				and in a format specified by ecology.
(1) Facility reporters:
(a) GHG report;
(b) Certificate of representation;
			 and
(c) Verification software
			 file.