WSR 16-13-001

PROPOSED RULES

[Filed June 1, 2016, 1:55 p.m.]

Proposal is exempt under RCW 70.94.141(1).

Title of Rule and Other Identifying Information: Regulation of the Northwest Clean Air Agency (NWCAA).

Hearing Location(s): NWCAA, 1600 South 2nd Street, Mount Vernon, WA 98273, on August 2, 2016, at 9:00 a.m.

Date of Intended Adoption: August 11, 2016.

Submit Written Comments to: Mark Buford, NWCAA, 1600 South 2nd Street, Mount Vernon, WA 98273, e-mail info@nwcleanairwa.gov, fax (360) 428-1620, by August 2, 2016, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Laurie Caskey-Schreiber by July 26, 2016, (360) 428-1617.

New/Amended Regulation Section Derivations: Amended NWCAA Section 200 – "PM2.5" with definition: New term and definition; amended NWCAA Section 200 – "PM Emissions" with definition: New term and definition; amended NWCAA Section 200 – "Toxic Air Pollutant (TAP) or Toxic Air Contaminant" definition: Replaced definition; amended NWCAA 506.2 – "Certified" definition: Replaced definition; amended NWCAA 506.2 – "Coal Stove" with definition: New term and definition; amended NWCAA 506.2 – "Commercial Establishment" with definition: New term and definition; amended NWCAA 506.2 – "Fireplace" with definition: New term and definition; amended NWCAA 506.2 – "Non-Affected Pellet Stove" with definition: New term and definition; and amended NWCAA 506.8: Renumbered from NWCAA 506.9 with new language.

Distributions for Section Being Replaced: Amended NWCAA 506.2 – "Antique Wood Stove" with definition: Deleted; amended NWCAA 506.2 – "Ecology" with definition: Deleted; amended NWCAA 506.2 – "EPA" with definition: Deleted; former NWCAA 506.8: Deleted; and former NWCAA 506.9: Renumbered as NWCAA 506.8.

Reasons Supporting Proposal: See Purpose above.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141(1).

Name of Proponent: NWCAA, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Mark Asmundson, 1600 South 2nd Street, Mount Vernon, WA, (360) 428-1617.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable under RCW 70.94.141.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable under RCW 70.94.141.

June 1, 2016

Mark Buford

Deputy Director

104.1 All provisions of State Law that are in effect as of ((June 17, 2015)) June 8, 2016, which are pertinent to the operation of the NWCAA, are hereby adopted by reference and made part of the Regulation of the NWCAA. Specifically, there is adopted by reference the portions pertinent to the operation of the NWCAA of the Washington State Clean Air Act (chapter 70.94 RCW), the Administrative Procedure Act (chapter 34.05 RCW) and chapters 43.21A and 43.21B RCW and the following state rules: chapter 173-400 WAC, (except – -035, -036, -040(1), -075, -099, -100, -101, -102, -103, -104, -105(7), -110, -114, -115, -116, -171, -930), chapter 173-401 WAC, chapter 173-407 WAC, chapter 173-420 WAC, chapter 173-425 WAC, chapter 173-430 WAC, chapter 173-433 WAC, chapter 173-434 WAC, chapter 173-435 WAC, chapter 173-441 WAC, chapter 173-450 WAC, chapter 173-460 WAC, chapter 173-470 WAC, chapter 173-474 WAC, chapter 173-475 WAC, chapter 173-481 WAC, chapter 173-490 WAC, chapter 173-491 WAC, chapter 173-492 WAC, and chapter 173-495 WAC.

104.2 All provisions of the following federal rules that are in effect as of ((June 17, 2015)) June 8, 2016 are hereby adopted by reference and made part of the Regulation of the NWCAA: 40 CFR Part 50 (National Primary and Secondary Ambient Air Quality Standards); 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans) Appendix M; 40 CFR Part 60 (Standards of Performance For New Stationary Sources) subparts A, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, Ga, H, I, J, Ja, K, Ka, Kb, L, M, N, Na, O, P, Q, R, T, U, V, W, X, Y, Z, AA, AAa, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, VVa, WW, XX, AAA, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, EEEE, IIII, JJJJ, KKKK, LLLL, OOOO, QQQQ, and Appendix A - I; ((and)) 40 CFR Part 61 (National Emission Standards For Hazardous Air Pollutants) Subparts A, C, D, E, F, J, L, M, N, O, P, V, Y, BB, FF; 40 CFR Part 62 (Approval and Promulgation of State Plans for Designated Facilities and Pollutants) Subpart LLL; ((and)) 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) Subparts A, B, C, D, F, G, H, I, L, M, N, O, Q, R, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, IIIII, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, RRRRR, SSSSS, TTTTT, UUUUU, WWWWW, YYYYY, ZZZZZ, BBBBBB, CCCCCC, EEEEEE, FFFFFF, GGGGGG, HHHHHH, JJJJJJ, MMMMMM, NNNNNN, QQQQQQ, SSSSSS, TTTTTT, VVVVVV, WWWWWW, XXXXXX, ZZZZZZ, AAAAAAA, DDDDDDD, EEEEEEE, and HHHHHHH; 40 CFR Part 65 (Consolidated Federal Air Rule); and 40 CFR Parts 72, 73, 74, 75, 76, 77 and 78 (Acid Rain Program).

PASSED: July 8, 1970 AMENDED: April 14, 1993, September 8, 1993, December 8, 1993, October 13, 1994, May 11, 1995, February 8, 1996, May 9, 1996, March 13, 1997, May 14, 1998, November 12, 1998, November 12, 1999, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, June 10, 2010, June 9, 2011, November 17, 2011, August 9, 2012, March 14, 2013, September 11, 2014, August 13, 2015, August 11, 2016

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COMMENCE((D)) - ((a) Commenced a)) As applied to construction, ((means that)) the owner or operator has either: ((all the necessary preconstruction approvals or permits and either has:))

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the stationary source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the stationary source to be completed within a reasonable time. 

((b) For the purpose of this definition, "necessary preconstruction approvals" means those permits or orders of approval required under federal air quality control laws and regulations, including state, local and federal regulations and orders contained in the SIP.))

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TOXIC AIR POLLUTANT (TAP) or TOXIC AIR CONTAMINANT – ((Any Class A or B toxic air pollutant listed in WAC 173-460-150 and 173-460-160. The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150 and/or 173-460-160. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.)) Any toxic air pollutant listed in WAC 173-460-150. The term toxic air pollutant may include particulate matter and volatile organic compounds if an individual substance or a group of substances within either of these classes is listed in WAC 173-460-150. The term toxic air pollutant does not include particulate matter and volatile organic compounds as generic classes of compounds.

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PASSED: January 8, 1969 AMENDED: October 31, 1969, September 3, 1971, June 14, 1972, July 11, 1973, February 14, 1973, January 9, 1974, October 13, 1982, November 14, 1984, October 13, 1994, February 8, 1996, May 9, 1996, March 13, 1997, November 12, 1998, June 14, 2001, July 10, 2003, July 14, 2005, November 8, 2007, November 17, 2011, March 14, 2013, August 13, 2015, August 11, 2016

This Section establishes emission standards, certification standards and procedures, ((curtailment)) burn ban rules, and fuel restrictions for solid fuel burning devices in order to maintain compliance with the National Ambient Air Quality Standards (NAAQS) for PM2.5 ((fine particulates)) and to further the policy of the NWCAA as stated in Section 102 of this Regulation.

((Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning as defined in WAC 173-433-030:)) All terms not defined herein shall have the meaning given them in WAC 173-433-030 as referenced in NWCAA 104.1 and NWCAA Section 200.

ADEQUATE SOURCE OF HEAT – ((a)) A permanently installed furnace or heating system, connected or disconnected from its energy source, designed to maintain 70°F ((degrees Fahrenheit)) at a point 3 ((three)) feet above the floor in all normally inhabited areas of a residence or commercial establishment. If any part of the heating system has been disconnected, damaged, or is otherwise nonfunctional, NWCAA will base the assessment of the adequacy of the design on the system's capability prior to the disconnection, damage, improper maintenance, malfunction, or occurrence that rendered the system nonfunctional.

((ANTIQUE WOOD STOVE – a stove manufactured before 1940 which has a current market value substantially greater than a common wood stove manufactured during the same time period.))

CERTIFIED – Meeting at least one of the following: ((a solid fuel-burning device that meets emission performance standards when tested by an accredited independent laboratory and labeled according to procedures specified by EPA in 40 CFR 60 Subpart AAA – Standards of Performance for Residential Wood Heaters as amended through July 1, 1990; or a solid fuel-burning device that has been determined by Ecology to meet emission performance standards, pursuant to RCW 70.94.457.))

COOKSTOVE – ((a wood-fired appliance designed primarily for cooking food and containing an integrally built in oven, with an internal temperature indicator and oven rack, around which the fire is vented, as well as a shaker grate, ash pan and an ash clean-out below the firebox. Any device with a fan or heat channels used to dissipate heat into the room shall not be considered a cookstove.)) A wood-fired appliance designed with the primary function of cooking food, which has all of the following characteristics:

((ECOLOGY – the Washington State Department of Ecology.))

((EPA – the United States Environmental Protection Agency.))

SEASONED WOOD – Untreated wood or untreated lumber of any species that has been sufficiently dried so as to contain 20 percent or less moisture by weight. It includes manufactured pressed wood products such as pellets and logs.

SOLID FUEL BURNING DEVICE – ((a)) A device that burns wood, coal, or any other non-gaseous or non-liquid fuels, and includes ((wood stoves or)) any device burning any solid fuel except those fuels prohibited by WAC 173-433-120 as referenced in NWCAA 104.1. This ((also)) includes, but is not limited to, woodstoves, coal stoves, cookstoves, pellet stoves, fireplaces, and wood-burning hydronic heaters. This also includes devices used for aesthetic or space-heating purposes in a private residence or commercial establishment, which have a heat input of less than 1 ((one)) million British thermal units per hour.

SUBSTANTIALLY REMODELED – ((a)) Any alteration or restoration of a building the cost of which exceeds ((ing)) 60 percent of the appraised value of such building within a 12-month period.

TREATED WOOD – ((w)) Wood of any species that has been chemically impregnated, painted, or similarly modified to improve resistance to insects, weathering, or deterioration.

WOOD((-))STOVE – ((a)) A wood-fueled appliance, other than a cookstove, capable of and intended for residential space heating and domestic water heating that meets the criteria contained in 40 CFR 60 Subpart AAA ((– Standards of Performance for Residential Wood Heaters.)) as referenced in NWCAA 104.2 and has all of the following:

Any combination of parts, typically consisting of, but not limited to, doors, legs, flue pipe collars, brackets, bolts and other hardware, when manufactured for the purpose of being assembled, with or without additional owner-supplied parts, into a wood((-))stove, is considered a wood((-))stove.

(A) Solid Fuel Burning Devices.((-)) Except as provided in Sections 506.3 (B) and (C), ((A)) a person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away any solid fuel burning device ((in Washington)) unless it ((has been certified and labeled in accordance with procedures and criteria specified in 40 CFR 60 Subpart AAA  - Standards of Performance for Residential Wood Heaters,)) complies with WAC 173-433-100((, and meets)) as referenced in NWCAA 104.1 which includes meeting the following particulate air contaminant emission standards:

(1) 2.5 g/hr ((Two and one-half grams per hour)) for catalytic wood((-))stoves((;)) and

(2) 4.5 g/hr ((Four and one-half grams per hour)) for all other solid fuel burning devices.

(B) Fireplaces. Except as provided in NWCAA 506.3(C), a ((A)) person shall not advertise to sell, offer to sell, sell, bargain, exchange, or give away a factory-built fireplace unless it meets 40 CFR 60 Subpart AAA as referenced in NWCAA 104.2 ((the 1990 EPA standards for woodstoves)) or equivalent standard that may be established by the state building code council by rule. Particulate emissions from ((factors for)) factory-built fireplaces shall not exceed 7.3 g/kg.

(A) No new or used solid fuel burning device shall be installed in new or existing buildings unless such device meets Washington state emission performance standards in WAC 173-433-100 as referenced in NWCAA 104.1. ((is either Oregon Department of Environmental Quality Phase II or EPA certified to meet current Washington State standards or a pellet stove either certified or exempt from certification in accordance with 40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters.)) Any solid fuel burning device not meeting the applicable standards at the time of installation must be removed or rendered permanently inoperable.

(((B) No used solid fuel burning device shall be installed in new or existing buildings unless such device has been certified and labeled in accordance with either Oregon Department of Environmental Quality Phase II or US EPA certification standard or is a pellet stove either certified or exempt from certification by the US EPA in accordance with 40 CFR 60 Subpart AAA - Standards of Performance for Residential Wood Heaters.))

(((C))) (B) An adequate source of heat other than a solid fuel burning device is required in all new and substantially remodeled residential and commercial construction. The rule shall apply to:

(1) Areas designated by a county to be an urban growth area under chapter 36.70A RCW((;)) and

(2) Areas designated by the EPA as being in nonattainment for particulate matter.

(((D) After January 1, 1997, no fireplace, except masonry fireplaces, shall be offered for sale unless such fireplace meets the 1990 EPA standards for wood stoves or equivalent standard established by the state building code council by rule in accordance with RCW 70.94.457.))

(A) Opacity level. Any person shall not cause or allow emission of a smoke plume from any solid fuel burning device to exceed an average of 20 percent opacity for 6 ((six)) consecutive minutes in any 1 ((one))-hour period. This limit ((restriction)) does not apply during the starting of a new fire for a period not to exceed 20 minutes in any 4 ((four))-hour period.

(B) Test methods and procedures. EPA ((reference m))Method 9 or EPA Alternative Method 082 ((– Visual Determination of Opacity Emissions of Stationary Sources shall)) will be used to determine compliance with this Section.

(C) Enforcement. Smoke visible from a chimney, flue or exhaust duct in excess of the opacity standard shall constitute prima facie evidence of unlawful operation of an applicable solid fuel burning device. This presumption may be refuted by demonstration that the smoke was not caused by an applicable solid fuel burning device.

(((A) A person shall not burn any substance, other than properly seasoned fuel-wood, in a solid fuel burning device.

(B) A person shall not burn paper in a solid fuel burning device other than the amount of colorless paper necessary to start a fire.))

(((A) Any person in a residence or commercial establishment which has an adequate source of heat without burning wood shall:

(2) Not burn wood in any solid fuel burning device except those which are either Oregon Department of Environmental Quality Phase II or US EPA certified or certified by Ecology under RCW 70.94.457(1) or a pellet stove either certified or issued an exemption by the US EPA in accordance with 40 CFR Part 60, in the geographical area and for the period of time that a first stage of impaired air quality has been determined, by NWCAA or Ecology, for that area.))

(((a))) (1) A ((first stage of impaired air quality is reached)) Stage 1 Burn Ban may be called when forecasted meteorological conditions are predicted to cause PM2.5 ((fine particulate)) levels to reach or exceed 35 micrograms per cubic meter, measured on a 24-hour average, within 48 hours, except for areas of PM2.5 ((fine particulate)) nonattainment or areas at risk for PM2.5 ((fine particulate)) nonattainment. ((and))

(((b))) (2) For a county containing PM2.5 nonattainment areas or areas at risk for PM2.5 nonattainment, and, when feasible, only for the necessary portions of the county, a Stage 1 Burn Ban ((A first stage burn ban for impaired air quality)) may be called ((for a county containing fine particulate nonattainment areas or areas at risk for fine particulate nonattainment, and when feasible only for the necessary portions of the county,)) when forecasted meteorological conditions are predicted to cause PM2.5 ((fine particulate)) levels to reach or exceed 30 micrograms per cubic meter, measured on a 24-hour average, within 72 hours.((; and))

(((3)(a) Not burn wood in any solid fuel burning device in a geographical area and for the period of time that a second stage of impaired air quality has been determined by NWCAA or Ecology, for that area. A second stage of impaired air quality is reached when:))

(((i))) (a) A Stage 1 Burn Ban is already in effect and has not reduced the trend of rising PM2.5 levels adequately; ((A first stage of impaired air quality has been in force and has not been sufficient to reduce the increasing fine particulate pollution trend;))

(((ii))) (b) The 24-hour average of PM2.5 levels have already reached or exceeded 25 micrograms per cubic meter; and ((Fine particulates are at an ambient level of 25 micrograms per cubic meter measured on a 24 hour average; and))

(((iii))) (c) Forecasted meteorological conditions are not expected to allow levels of PM2.5 ((fine particulates)) to decline below 25 micrograms per cubic meter for a period of 24 hours or more from the time that PM2.5 is ((the fine particulates are)) measured at the trigger level.

(((b))) (2) A Stage 2 ((second stage b))Burn ((b))Ban may be called ((by Ecology or NWCAA)) without first calling a Stage 1 ((first stage b))Burn ((b))Ban only when all of the following occur:

(((i))) (a) PM2.5 ((Fine particulate)) levels have reached or exceeded 25 micrograms per cubic meter, measured on a 24-hour average;

(((ii))) (b) Meteorological conditions have caused PM2.5 ((fine particulate)) levels to rise rapidly;

(((iii))) (c) Meteorological conditions are predicted to cause PM2.5 ((fine particulate)) levels to exceed ((the)) 35 micrograms per cubic meter, measured on a 24-hour average, within 24 hours; and

(((iv))) (d) Meteorological conditions are highly likely to prevent sufficient dispersion of PM2.5 ((fine particulate)).

(((c))) (3) For a county containing PM2.5 nonattainment areas or areas at risk for PM2.5 nonattainment and, when feasible, only the necessary portions of the county, ((In fine particulate nonattainment areas or areas at risk for fine particulate nonattainment,)) a Stage 2 ((second stage b))Burn ((b))Ban may be called ((for the county containing the nonattainment area or areas at risk for nonattainment, and when feasible only for the necessary portions of the county,)) without first calling a Stage 1 ((first stage b))Burn ((b))Ban only when (((3)(b)(i), (ii), and (iv) of this subsection)) NWCAA 506.7 (B)(2)(a), (b), and (d) have been met and meteorological conditions are predicted to cause PM2.5 ((fine particulate)) levels to reach or exceed 30 micrograms per cubic meter, measured on a 24-hour average, within 24 hours.

(((B))) (D) Upon declaration and for the duration of a Stage 1 or Stage 2 Burn Ban or an air pollution episode ((or a first or second stage burn ban)), new solid fuel shall be withheld from any solid fuel burning device that is restricted from operating under NWCAA 506.7 (A), (B), and (C) ((subsection (A) of this section)). 

(((C))) (E) Smoke visible from a chimney, flue, or exhaust duct after 3 ((three)) hours has elapsed from the time of declaration of a Stage 1 or Stage 2 Burn Ban or an air pollution episode ((or a first or second stage burn ban)) shall constitute prima facie evidence of unlawful operation of a solid fuel burning device if that solid fuel burning device is restricted from operating under NWCAA 506.7 (A), (B), and (C) ((subsection (A) of this section)). This presumption may be refuted by demonstration that the smoke was not caused by a restricted solid fuel burning device.

(B) 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.))

(((A) The provisions of Section 506.7 shall not apply to any person who possesses a valid written exemption approved by the NWCAA. The NWCAA may allow written exemptions to any person who demonstrates any of the following to the satisfaction of the NWCAA:

(B) Written exemptions shall be valid for a period determined by the NWCAA and shall not exceed one year from the date of approval.))

PASSED: July 14, 2005 AMENDED: November 8, 2007, October 8, 2015, August 11, 2016