Chapter 70.94 RCW

WASHINGTON CLEAN AIR ACT

Sections

70.94.011Declaration of public policies and purpose.
70.94.015Air pollution control accountAir operating permit account.
70.94.017Air pollution control accountSubaccount distribution.
70.94.030Definitions.
70.94.033Environmental excellence program agreementsEffect on chapter.
70.94.035Technical assistance program for regulated community.
70.94.037Transportation activities"Conformity" determination requirements.
70.94.040Causing or permitting air pollution unlawfulException.
70.94.041ExceptionBurning wood at historic structure.
70.94.053Air pollution control authorities createdActivated authorities, composition, meetingsDelineation of air pollution regions, considerations.
70.94.055Air pollution control authority may be activated by counties, when.
70.94.057Multicounty authority may be formed by contiguous countiesName.
70.94.068Merger of active and inactive authorities to form multicounty or regional authorityProcedure.
70.94.069Merger of active and inactive authorities to form multicounty or regional authorityReorganization of board of directorsRules and regulations.
70.94.070Resolutions activating authoritiesContentsFilingsEffective date of operation.
70.94.081Powers and duties of authorities.
70.94.085Cost-reimbursement agreements.
70.94.091Excess tax levy authorizedElection, procedure, expense.
70.94.092Air pollution control authorityFiscal yearAdoption of budgetContents.
70.94.093Methods for determining proportion of supplemental income to be paid by component cities, towns and countiesPayment.
70.94.094Designation of authority treasurer and auditorDuties.
70.94.095Assessed valuation of taxable property, certification by county assessors.
70.94.096Authorization to borrow money.
70.94.097Special air pollution studiesContracts for conduct of.
70.94.100Air pollution control authorityBoard of directorsCompositionTerm.
70.94.110City selection committees.
70.94.120City selection committeesMeetings, notice, recording officerAlternative mail ballotingNotice.
70.94.130Air pollution control authorityBoard of directorsPowers, quorum, officers, compensation.
70.94.141Air pollution control authorityPowers and duties of activated authority.
70.94.142Subpoena powersWitnesses, expenses and mileageRules and regulations.
70.94.143Federal aid.
70.94.151Classification of air contaminant sourcesRegistrationFeeRegistration program definedAdoption of rules requiring persons to report emissions of greenhouse gases.
70.94.152Notice may be required of construction of proposed new contaminant sourceSubmission of plansApproval, disapprovalEmission control"De minimis new sources" defined.
70.94.153Existing stationary sourceReplacement or substantial alteration of emission control technology.
70.94.154RACT requirements.
70.94.155Control of emissionsBubble conceptSchedules of compliance.
70.94.157Preemption of uniform building and fire codes.
70.94.161Operating permits for air contaminant sourcesGenerallyFees, report to legislature.
70.94.162Annual fees from operating permit program source to cover cost of program.
70.94.163Source categories not required to have a permitRecommendations.
70.94.165Gasoline recovery devicesLimitation on requiring.
70.94.170Air pollution control authority control officer.
70.94.181VariancesApplication forConsiderationsLimitationsRenewalsReview.
70.94.200Investigation of conditions by control officer or departmentEntering private, public property.
70.94.205Confidentiality of records and information.
70.94.211Enforcement actions by air authorityNotice to violators.
70.94.221Order final unless appealed to pollution control hearings board.
70.94.230Rules of authority supersede local rules, regulations, etc.Exceptions.
70.94.231Air pollution control authorityDissolution of prior districtsContinuation of rules and regulations until superseded.
70.94.240Air pollution control advisory council.
70.94.260Dissolution of authorityDeactivation of authority.
70.94.262Withdrawal from multicounty authority.
70.94.302Certain generators fueled by biogas produced by an anaerobic digesterExtended compliance period for permit provisions related to the emissions limit for sulfurTechnical assistance.
70.94.331Powers and duties of department.
70.94.332Enforcement actions by departmentNotice to violators.
70.94.335Hazardous substance remedial actionsProcedural requirements not applicable.
70.94.350Contracts, agreements for use of personnel by departmentReimbursementMerit system regulations waived.
70.94.370Powers and rights of governmental units and persons are not limited by act or recommendations.
70.94.380Emission control requirements.
70.94.385State financial aidApplication forRequirements.
70.94.390Hearing upon activation of authorityFindingAssumption of jurisdiction by departmentExpenses.
70.94.395Air contaminant sourcesRegulation by department; authorities may be more stringentHearingStandards.
70.94.400Order activating authorityFilingHearingAmendment of order.
70.94.405Air pollution control authorityReview by department of program.
70.94.410Air pollution control authorityAssumption of control by department.
70.94.420State departments and agencies to cooperate with department and authorities.
70.94.422Department of health powers regarding radionuclidesEnergy facility site evaluation council authority over permit program sources.
70.94.425Restraining ordersInjunctions.
70.94.430Penalties.
70.94.431Civil penaltiesExcusable excess emissions.
70.94.435Additional means for enforcement of chapter.
70.94.440Short title.
70.94.450WoodstovesPolicy.
70.94.453WoodstovesDefinitions.
70.94.455Residential and commercial constructionBurning and heating device standards.
70.94.457Solid fuel burning devicesEmission performance standards.
70.94.460Sale of unapproved woodstovesProhibited.
70.94.463Sale of unapproved woodstovesPenalty.
70.94.467Sale of unapproved woodstovesApplication of law to advertising media.
70.94.470Residential solid fuel burning devicesOpacity levelsEnforcement and public education.
70.94.473Limitations on burning wood for heatFirst and second stage burn bansReport on second stage burn banExceptionsEmergency situations.
70.94.475Liability of condominium owners' association or resident association.
70.94.477Limitations on use of solid fuel burning devices.
70.94.480Woodstove education program.
70.94.483Woodstove education and enforcement account createdFee imposed on solid fuel burning device sales.
70.94.488Woodsmoke emissionsFindings.
70.94.510Policy to cooperate with federal government.
70.94.521Transportation demand managementFindings.
70.94.524Transportation demand managementDefinitions.
70.94.527Transportation demand managementRequirements for counties and cities.
70.94.528Transportation demand managementGrowth and transportation efficiency centers.
70.94.531Transportation demand managementRequirements for employers.
70.94.534Transportation demand managementJurisdictions' review and penalties.
70.94.537Transportation demand managementCommute trip reduction board.
70.94.541Transportation demand managementTechnical assistance.
70.94.544Transportation demand managementUse of funds.
70.94.547Transportation demand managementIntentState leadership.
70.94.551Transportation demand managementState agenciesJoint comprehensive commute trip reduction planReports.
70.94.555Transportation demand managementCollective bargaining powers unaffected.
70.94.600Reports of authorities to department of ecologyContents.
70.94.605Report to the legislatureAchieving attainment for areas of nonattainment.
70.94.610Burning used oil fuel in land-based facilities.
70.94.620Metals mining and milling operations permitsInspections by department of ecology.
70.94.640Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.
70.94.645Ammonia emissions from use as agricultural or silvicultural fertilizerRegulation prohibited.
OUTDOOR BURNING
70.94.6511Definition of "outdoor burning."
70.94.6512Outdoor burningFires prohibitedExceptions.
70.94.6514Outdoor burningAreas where prohibitedExceptionsUse for management of storm or flood-related debrisSilvicultural burning.
70.94.6516Outdoor burningPermits issued by political subdivisions.
70.94.6518Limited outdoor burningEstablishment of program.
70.94.6520Limited outdoor burningConstruction.
70.94.6522Limited outdoor burningAuthority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.
70.94.6524Limited outdoor burningProgramExceptions.
70.94.6526Limited outdoor burningPermits issued by political subdivisionsTypes of fires permitted.
70.94.6528PermitsIssuanceConditioning of permitsFeesAgricultural burning practices and research task forceDevelopment of public education materialsAgricultural activities.
70.94.6530Delegation of permit issuance and enforcement to political subdivisions.
70.94.6532Open burning of grasses grown for seedAlternativesStudiesDeposit of permit fees in special grass seed burning accountProceduresLimitationsReport.
70.94.6534Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operationsIssuance.
70.94.6536Silvicultural forest burningReduce statewide emissionsExemptionMonitoring program.
70.94.6538Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operationsConditions for issuance and use of permitsAir quality standards to be metAlternate methods to lessen forest debris.
70.94.6540Cooperation between department of natural resources and state, local, or regional air pollution authoritiesWithholding of permits.
70.94.6542Adoption of rules.
70.94.6544Burning permits for regeneration of rare and endangered plants.
70.94.6546Aircraft crash rescue fire trainingTraining to fight structural firesTraining to fight forest firesOther firefighter instruction.
70.94.6548Outdoor burning allowed for managing storm or flood-related debris.
70.94.6550Fires necessary for Indian ceremonies or smoke signals.
70.94.6552Permit to set fires for weed abatement.
70.94.6554Disposal of tumbleweeds.
70.94.6556Burning of brush and yard waste in a city or town located partially inside a quarantine area for apple maggotPermitReport to the legislature.
70.94.710Air pollution episodesLegislative findingDeclaration of policy.
70.94.715Air pollution episodesEpisode avoidance planContentsSource emission reduction plansAuthorityConsidered orders.
70.94.720Air pollution episodesDeclaration of air pollution emergency by governor.
70.94.725Air pollution episodesRestraining orders, temporary injunctions to enforce ordersProcedure.
70.94.730Air pollution episodesOrders to be effective immediately.
70.94.785Plans approved pursuant to federal clean air actEnforcement authority.
70.94.800Legislative declarationIntent.
70.94.805Definitions.
70.94.820Monitoring by department of ecology.
70.94.850Emission credits banking programAmount of credit.
70.94.860Department of ecology may accept delegation of programs.
70.94.875Evaluation of information on acid deposition in Pacific NorthwestEstablishment of critical levelsNotification of legislature.
70.94.880Establishment of critical deposition and acidification levelsConsiderations.
70.94.892Carbon dioxide mitigationFees.
70.94.901Construction1967 c 238.
70.94.902Construction, repeal of RCW 70.94.061 through 70.94.066Saving.
70.94.904Effective dates1991 c 199.
70.94.911Severability1967 c 238.
70.94.960Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.
70.94.970ChlorofluorocarbonsOzoneRefrigerants regulated.
70.94.980RefrigerantsUnlawful acts.
70.94.990RefrigerantsRulesEnforcement provisions, limitations.
70.94.991Stationary natural gas engines used in combined heat and power systemsPermitting processEmission limits.
70.94.992Boiler or process heatersAssessment and reporting requirements.

NOTES:

Environmental certification programsFeesRulesLiability: RCW 43.21A.175.
Pollution Disclosure Act of 1971: Chapter 90.52 RCW.
Tax exemptions and credits for air pollution control facilities: Chapter 82.34 RCW.
Washington clean indoor air act: Chapter 70.160 RCW.
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