Revised Code of Washington
Chapter 70A.15 - Washington Clean Air Act.
70A.15.1005 - Declaration of public policies and purpose.

RCW 70A.15.1005
Declaration of public policies and purpose.

It is declared to be the public policy to preserve, protect, and enhance the air quality for current and future generations. Air is an essential resource that must be protected from harmful levels of pollution. Improving air quality is a matter of statewide concern and is in the public interest. It is the intent of this chapter to secure and maintain levels of air quality that protect human health and safety, including the most sensitive members of the population, to comply with the requirements of the federal clean air act, to prevent injury to plant, animal life, and property, to foster the comfort and convenience of Washington's inhabitants, to promote the economic and social development of the state, and to facilitate the enjoyment of the natural attractions of the state.
It is further the intent of this chapter to protect the public welfare, to preserve visibility, to protect scenic, aesthetic, historic, and cultural values, and to prevent air pollution problems that interfere with the enjoyment of life, property, or natural attractions.
Because of the extent of the air pollution problem the legislature finds it necessary to return areas with poor air quality to levels adequate to protect health and the environment as expeditiously as possible but no later than December 31, 1995. Further, it is the intent of this chapter to prevent any areas of the state with acceptable air quality from reaching air contaminant levels that are not protective of human health and the environment.
The legislature recognizes that air pollution control projects may affect other environmental media. In selecting air pollution control strategies state and local agencies shall support those strategies that lessen the negative environmental impact of the project on all environmental media, including air, water, and land.
The legislature further recognizes that energy efficiency and energy conservation can help to reduce air pollution and shall therefore be considered when making decisions on air pollution control strategies and projects.
It is the policy of the state that the costs of protecting the air resource and operating state and local air pollution control programs shall be shared as equitably as possible among all sources whose emissions cause air pollution.
It is also declared as public policy that regional air pollution control programs are to be encouraged and supported to the extent practicable as essential instruments for the securing and maintenance of appropriate levels of air quality.
To these ends it is the purpose of this chapter to safeguard the public interest through an intensive, progressive, and coordinated statewide program of air pollution prevention and control, to provide for an appropriate distribution of responsibilities, and to encourage coordination and cooperation between the state, regional, and local units of government, to improve cooperation between state and federal government, public and private organizations, and the concerned individual, as well as to provide for the use of all known, available, and reasonable methods to reduce, prevent, and control air pollution.
The legislature recognizes that the problems and effects of air pollution cross political boundaries, are frequently regional or interjurisdictional in nature, and are dependent upon the existence of human activity in areas having common topography and weather conditions conducive to the buildup of air contaminants. In addition, the legislature recognizes that air pollution levels are aggravated and compounded by increased population, and its consequences. These changes often result in increasingly serious problems for the public and the environment.
The legislature further recognizes that air emissions from thousands of small individual sources are major contributors to air pollution in many regions of the state. As the population of a region grows, small sources may contribute an increasing proportion of that region's total air emissions. It is declared to be the policy of the state to achieve significant reductions in emissions from those small sources whose aggregate emissions constitute a significant contribution to air pollution in a particular region.
It is the intent of the legislature that air pollution goals be incorporated in the missions and actions of state agencies.

[ 1991 c 199 § 102; 1973 1st ex.s. c 193 § 1; 1969 ex.s. c 168 § 1; 1967 c 238 § 1. Formerly RCW 70.94.011.]
NOTES:

Finding—1991 c 199: "The legislature finds that ambient air pollution is the most serious environmental threat in Washington state. Air pollution causes significant harm to human health; damages the environment, including trees, crops, and animals; causes deterioration of equipment and materials; contributes to water pollution; and degrades the quality of life.
Over three million residents of Washington state live where air pollution levels are considered unhealthful. Of all toxic chemicals released into the environment more than half enter our breathing air. Citizens of Washington state spend hundreds of millions of dollars annually to offset health, environmental, and material damage caused by air pollution. The legislature considers such air pollution levels, costs, and damages to be unacceptable.
It is the intent of this act that the implementation of programs and regulations to control air pollution shall be the primary responsibility of the department of ecology and local air pollution control authorities." [ 1991 c 199 § 101.]


Alternative fuel and solar powered vehicles—1991 c 199: "The department of ecology shall contract with Western Washington University for the biennium ending June 30, 1993, for research and development of alternative fuel and solar powered vehicles. A report on the progress of such research shall be presented to the standing environmental committees and the department by January 1, 1994." [ 1991 c 199 § 230.]

Structure Revised Code of Washington

Revised Code of Washington

Title 70A - Environmental Health and Safety

Chapter 70A.15 - Washington Clean Air Act.

70A.15.1005 - Declaration of public policies and purpose.

70A.15.1010 - Air pollution control account—Air operating permit account.

70A.15.1030 - Definitions.

70A.15.1040 - Environmental excellence program agreements—Effect on chapter.

70A.15.1050 - Technical assistance program for regulated community.

70A.15.1060 - Transportation activities—"Conformity" determination requirements.

70A.15.1070 - Causing or permitting air pollution unlawful—Exception.

70A.15.1080 - Exception—Burning wood at historic structure.

70A.15.1090 - Policy to cooperate with federal government.

70A.15.1100 - Issuance of enforceable order—Overburdened communities.

70A.15.1500 - Air pollution control authorities created—Activated authorities, composition, meetings—Delineation of air pollution regions, considerations.

70A.15.1510 - Air pollution control authority may be activated by counties, when.

70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.

70A.15.1530 - Merger of active and inactive authorities to form multicounty or regional authority—Procedure.

70A.15.1540 - Merger of active and inactive authorities to form multicounty or regional authority—Reorganization of board of directors—Rules and regulations.

70A.15.1550 - Resolutions activating authorities—Contents—Filings—Effective date of operation.

70A.15.1560 - Powers and duties of authorities.

70A.15.1570 - Cost-reimbursement agreements.

70A.15.1580 - Excess tax levy authorized—Election, procedure, expense.

70A.15.1590 - Air pollution control authority—Fiscal year—Adoption of budget—Contents.

70A.15.1600 - Methods for determining proportion of supplemental income to be paid by component cities, towns and counties—Payment.

70A.15.1610 - Designation of authority treasurer and auditor—Duties.

70A.15.1620 - Assessed valuation of taxable property, certification by county assessors.

70A.15.1630 - Authorization to borrow money.

70A.15.1640 - Special air pollution studies—Contracts for conduct of.

70A.15.2000 - Air pollution control authority—Board of directors—Composition—Term.

70A.15.2010 - City selection committees.

70A.15.2020 - City selection committees—Meetings, notice, recording officer—Alternative mail balloting—Notice.

70A.15.2030 - Air pollution control authority—Board of directors—Powers, quorum, officers, compensation.

70A.15.2040 - Air pollution control authority—Powers and duties of activated authority.

70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.

70A.15.2060 - Federal aid.

70A.15.2200 - Classification of air contaminant sources—Registration—Fee—Registration program defined—Adoption of rules requiring persons to report emissions of greenhouse gases.

70A.15.2210 - Notice may be required of construction of proposed new contaminant source—Submission of plans—Approval, disapproval—Emission control—"De minimis new sources" defined.

70A.15.2220 - Existing stationary source—Replacement or substantial alteration of emission control technology.

70A.15.2230 - RACT requirements.

70A.15.2240 - Control of emissions—Bubble concept—Schedules of compliance.

70A.15.2250 - Preemption of uniform building and fire codes.

70A.15.2260 - Operating permits for air contaminant sources—Generally—Fees, report to legislature.

70A.15.2270 - Annual fees from operating permit program source to cover cost of program.

70A.15.2280 - Source categories not required to have a permit—Recommendations.

70A.15.2290 - Gasoline vapor recovery devices—Limitation on requiring.

70A.15.2300 - Air pollution control authority control officer.

70A.15.2310 - Variances—Application for—Considerations—Limitations—Renewals—Review.

70A.15.2500 - Investigation of conditions by control officer or department—Entering private, public property.

70A.15.2510 - Confidentiality of records and information.

70A.15.2520 - Enforcement actions by air authority—Notice to violators.

70A.15.2530 - Order final unless appealed to pollution control hearings board.

70A.15.2540 - Rules of authority supersede local rules, regulations, etc.—Exceptions.

70A.15.2550 - Air pollution control authority—Dissolution of prior districts—Continuation of rules and regulations until superseded.

70A.15.2560 - Air pollution control advisory council.

70A.15.2570 - Dissolution of authority—Deactivation of authority.

70A.15.2580 - Withdrawal from multicounty authority.

70A.15.2590 - Certain generators fueled by biogas produced by an anaerobic digester—Extended compliance period for permit provisions related to the emissions limit for sulfur—Technical assistance.

70A.15.3000 - Powers and duties of department.

70A.15.3010 - Enforcement actions by department—Notice to violators.

70A.15.3020 - Hazardous substance remedial actions—Procedural requirements not applicable.

70A.15.3030 - Contracts, agreements for use of personnel by department—Reimbursement—Merit system regulations waived.

70A.15.3040 - Powers and rights of governmental units and persons are not limited by act or recommendations.

70A.15.3050 - Emission control requirements.

70A.15.3060 - State financial aid—Application for—Requirements.

70A.15.3070 - Hearing upon activation of authority—Finding—Assumption of jurisdiction by department—Expenses.

70A.15.3080 - Air contaminant sources—Regulation by department; authorities may be more stringent—Hearing—Standards.

70A.15.3090 - Order activating authority—Filing—Hearing—Amendment of order.

70A.15.3100 - Air pollution control authority—Review by department of program.

70A.15.3110 - Air pollution control authority—Assumption of control by department.

70A.15.3120 - State departments and agencies to cooperate with department and authorities.

70A.15.3130 - Department of health powers regarding radionuclides—Energy facility site evaluation council authority over permit program sources.

70A.15.3140 - Restraining orders—Injunctions.

70A.15.3150 - Penalties (as amended by 2021 c 315).

70A.15.3160 - Civil penalties—Excusable excess emissions.

70A.15.3170 - Additional means for enforcement of chapter.

70A.15.3180 - Short title.

70A.15.3500 - Woodstoves—Policy.

70A.15.3510 - Woodstoves—Definitions.

70A.15.3520 - Residential and commercial construction—Burning and heating device standards.

70A.15.3530 - Solid fuel burning devices—Emission performance standards.

70A.15.3540 - Sale of unapproved woodstoves—Prohibited.

70A.15.3550 - Sale of unapproved woodstoves—Penalty.

70A.15.3560 - Sale of unapproved woodstoves—Application of law to advertising media.

70A.15.3570 - Residential solid fuel burning devices—Opacity levels—Enforcement and public education.

70A.15.3580 - Limitations on burning wood for heat—First and second stage burn bans—Report on second stage burn ban—Exceptions—Emergency situations.

70A.15.3590 - Liability of condominium owners' association or resident association.

70A.15.3600 - Limitations on use of solid fuel burning devices.

70A.15.3610 - Woodstove education program.

70A.15.3620 - Woodstove education and enforcement account created—Fee imposed on solid fuel burning device sales.

70A.15.3630 - Woodsmoke emissions—Findings.

70A.15.4000 - Transportation demand management—Findings.

70A.15.4010 - Transportation demand management—Definitions.

70A.15.4020 - Transportation demand management—Requirements for counties and cities.

70A.15.4030 - Transportation demand management—Growth and transportation efficiency centers.

70A.15.4040 - Transportation demand management—Requirements for employers.

70A.15.4050 - Transportation demand management—Jurisdictions' review and penalties.

70A.15.4060 - Transportation demand management—Commute trip reduction board.

70A.15.4070 - Transportation demand management—Technical assistance.

70A.15.4080 - Transportation demand management—Use of funds.

70A.15.4090 - Transportation demand management—Intent—State leadership.

70A.15.4100 - Transportation demand management—State agencies—Joint comprehensive commute trip reduction plan—Reports.

70A.15.4110 - Transportation demand management—Collective bargaining powers unaffected.

70A.15.4500 - Reports of authorities to department of ecology—Contents.

70A.15.4510 - Burning used oil fuel in land-based facilities.

70A.15.4520 - Metals mining and milling operations permits—Inspections by department of ecology.

70A.15.4530 - Odors or fugitive dust caused by agricultural activities consistent with good agricultural practices exempt from chapter.

70A.15.4540 - Ammonia emissions from use as agricultural or silvicultural fertilizer—Regulation prohibited.

70A.15.5000 - Definition of "outdoor burning."

70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.

70A.15.5020 - Outdoor burning—Areas where prohibited—Exceptions—Use for management of storm or flood-related debris—Silvicultural burning.

70A.15.5030 - Outdoor burning—Permits issued by political subdivisions.

70A.15.5040 - Limited outdoor burning—Establishment of program.

70A.15.5050 - Limited outdoor burning—Construction.

70A.15.5060 - Limited outdoor burning—Authority of local air pollution control authority or department of ecology to allow outdoor fires not restricted.

70A.15.5070 - Limited outdoor burning—Program—Exceptions.

70A.15.5080 - Limited outdoor burning—Permits issued by political subdivisions—Types of fires permitted.

70A.15.5090 - Permits—Issuance—Conditioning of permits—Fees—Agricultural burning practices and research task force—Development of public education materials—Agricultural activities.

70A.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.

70A.15.5110 - Open burning of grasses grown for seed—Alternatives—Studies—Deposit of permit fees in special grass seed burning account—Procedures—Limitations—Report.

70A.15.5120 - Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Issuance—Fees.

70A.15.5130 - Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.

70A.15.5140 - Burning permits for abating or prevention of forest fire hazards, management of ecosystems, instruction or silvicultural operations—Conditions for issuance and use of permits—Air quality standards to be met—Alternate methods to lessen f...

70A.15.5150 - Cooperation between department of natural resources and state, local, or regional air pollution authorities—Withholding of permits.

70A.15.5160 - Adoption of rules.

70A.15.5170 - Burning permits for regeneration of rare and endangered plants.

70A.15.5180 - Aircraft crash rescue fire training—Training to fight structural fires—Training to fight forest fires—Other firefighter instruction.

70A.15.5190 - Outdoor burning allowed for managing storm or flood-related debris.

70A.15.5200 - Fires necessary for Indian ceremonies or smoke signals.

70A.15.5210 - Permit to set fires for weed abatement.

70A.15.5220 - Disposal of tumbleweeds.

70A.15.6000 - Air pollution episodes—Legislative finding—Declaration of policy.

70A.15.6010 - Air pollution episodes—Episode avoidance plan—Contents—Source emission reduction plans—Authority—Considered orders.

70A.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.

70A.15.6030 - Air pollution episodes—Restraining orders, temporary injunctions to enforce orders—Procedure.

70A.15.6040 - Air pollution episodes—Orders to be effective immediately.

70A.15.6050 - Plans approved pursuant to federal clean air act—Enforcement authority.

70A.15.6200 - Legislative declaration—Intent.

70A.15.6210 - Definitions.

70A.15.6220 - Monitoring by department of ecology.

70A.15.6230 - Emission credits banking program—Amount of credit.

70A.15.6240 - Department of ecology may accept delegation of programs.

70A.15.6250 - Evaluation of information on acid deposition in Pacific Northwest—Establishment of critical levels—Notification of legislature.

70A.15.6260 - Establishment of critical deposition and acidification levels—Considerations.

70A.15.6270 - Carbon dioxide mitigation—Fees.

70A.15.6400 - Clean fuel matching grants for public transit, vehicle mechanics, and refueling infrastructure.

70A.15.6440 - Stationary natural gas engines used in combined heat and power systems—Permitting process—Emission limits.

70A.15.6450 - Boiler or process heaters—Assessment and reporting requirements.

70A.15.9001 - Construction—1967 c 238.

70A.15.9002 - Construction, repeal of RCW 70.94.061 through 70.94.066—Saving.

70A.15.9003 - Effective dates—1991 c 199.

70A.15.9004 - Severability—1967 c 238.