Washington Administrative Code

(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 o…

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 applicati…

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-…

Chapter 70.94 RCW, the Washington Clean Air Act, declares it is the intent of the state to protect public health and it is the policy of the state that the responsibilities and costs of protecting the air resource and operating state and local air pollution control programs be sh…

(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 organi…

The definitions of terms contained in chapter 173-400 WAC are incorporated into this chapter by reference. Unless a different meaning is clearly required by context, the meanings of the following words and phrases used in this chapter are listed below.(1) Agricultural burning: Me…

(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…

(1) RCW 70.94.6528 provides the following maximum fees for agricultural burning:Field burning$3.75 per acrePile 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 …

(1) RCW 70.94.6528 provides the following maximum fees for agricultural burning:Field burning$3.75 per acrePile 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) Proce…

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 unt…

(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, techniq…

(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 avai…

(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 al…

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 an…

(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 per…

(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 conse…

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. Stat…

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 …

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. WSR 88-01-056 (Order 87-44), § 173-433-020, filed 12/16/87.]

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 …

(1) Woodstoves. 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 …

(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 a…

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 ch…

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 contamin…

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 le…

(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 resi…

(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 provide…

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. WSR 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-…

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. WSR 90-19-062 (Order 90-10), § 173-433-200, filed 9/17/90, effective 10/18/90. Statutory Author…

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. WSR 90-19-062 (Order 90-10), § 173-434-010, filed 9/17/90, effective 10/1…

(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 …

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 t…

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 …

(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)…

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 precede…

(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 minim…

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 own…

(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…

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…

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 A…

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 tha…

Significant harm levels are reached when any one of the following pollutant concentrations are measured:(1) Sulfur dioxide - 2,620 µg/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, 8…

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) "…

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…

(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 p…

(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…

(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 r…

(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…

The proper perpetual care and maintenance of radioactive waste management facilities is required to protect the public health, safety, and welfare. This chapter establishes the fees charged by the Washington state department of ecology for financing the necessary perpetual care a…

This chapter is promulgated by the state department of ecology pursuant to authority granted in RCW 43.21F.045 and chapter 19, Laws of 1983 1st ex. sess.[Statutory Authority: 1983 1st ex.s. c 19 and Title 43 RCW. WSR 83-18-020 (Order DE 83-25), § 173-44-020, filed 8/30/83. Former…