RCW 70A.15.6010
Air pollution episodes—Episode avoidance plan—Contents—Source emission reduction plans—Authority—Considered orders.
The department of ecology is hereby authorized to develop an episode avoidance plan providing for the phased reduction of emissions wherever and whenever an air pollution episode is forecast. Such an episode avoidance plan shall conform with any applicable federal standards and shall be effective statewide. The episode avoidance plan may be implemented on an area basis in accordance with the occurrence of air pollution episodes in any given area.
The department of ecology may delegate authority to adopt source emission reduction plans and authority to implement all stages of occurrence up to and including the warning stage, and all intermediate stages up to the warning stage, in any area of the state, to the air pollution control authority with jurisdiction therein.
The episode avoidance plan, which shall be established by regulation in accordance with chapter 34.05 RCW, shall include, but not be limited to, the following:
(1) The designation of episode criteria and stages, the occurrence of which will require the carrying out of preplanned episode avoidance procedures. The stages of occurrence shall be (a) forecast, (b) alert, (c) warning, (d) emergency, and such intermediate stages as the department shall designate. "Forecast" means the presence of meteorological conditions that are conducive to accumulation of air contaminants and is the first stage of an episode. The department shall not call a forecast episode prior to the department or an authority calling a first stage impaired air quality condition as provided by RCW 70A.15.3580(1)(b) or calling a single-stage impaired air quality condition as provided by RCW 70A.15.3580. "Alert" means concentration of air contaminants at levels at which short-term health effects may occur, and is the second stage of an episode. "Warning" means concentrations are continuing to degrade, contaminant concentrations have reached a level which, if maintained, can result in damage to health, and additional control actions are needed and is the third level of an episode. "Emergency" means the air quality is posing an imminent and substantial endangerment to public health and is the fourth level of an episode;
(2) The requirement that persons responsible for the operation of air contaminant sources prepare and obtain approval from the director of source emission reduction plans, consistent with good operating practice and safe operating procedures, for reducing emissions during designated episode stages;
(3) Provision for the director of the department of ecology or his or her authorized representative, or the air pollution control officer if implementation has been delegated, on the satisfaction of applicable criteria, to declare and terminate the forecast, alert, warning and all intermediate stages, up to the warning episode stage, such declarations constituting orders for action in accordance with applicable source emission reduction plans;
(4) Provision for the governor to declare and terminate the emergency stage and all intermediate stages above the warning episode stage, such declarations constituting orders in accordance with applicable source emission reduction plans;
(5) Provisions for enforcement by state and local police, personnel of the departments of ecology and social and health services, and personnel of local air pollution control agencies; and
(6) Provisions for reduction or discontinuance of emissions immediately, consistent with good operating practice and safe operating procedures, under an air pollution emergency as provided in RCW 70A.15.6020.
Source emission reduction plans shall be considered orders of the department and shall be subject to appeal to the pollution control hearings board according to the procedure in chapter 43.21B RCW.
[ 2020 c 20 § 1152; 2012 c 117 § 409; 1990 c 128 § 4; 1971 ex.s. c 194 § 2. Formerly RCW 70.94.715.]
Structure 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.15.1040 - 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.15.1510 - Air pollution control authority may be activated by counties, when.
70A.15.1520 - Multicounty authority may be formed by contiguous counties—Name.
70A.15.1550 - 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.15.1610 - 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.15.2040 - Air pollution control authority—Powers and duties of activated authority.
70A.15.2050 - Subpoena powers—Witnesses, expenses and mileage—Rules and regulations.
70A.15.2230 - 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.15.2510 - 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.15.2560 - Air pollution control advisory council.
70A.15.2570 - Dissolution of authority—Deactivation of authority.
70A.15.2580 - Withdrawal from multicounty authority.
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.15.3050 - Emission control requirements.
70A.15.3060 - State financial aid—Application for—Requirements.
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.15.3140 - 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.15.3500 - 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.15.3590 - 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.15.3630 - 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.15.4110 - 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.15.5000 - Definition of "outdoor burning."
70A.15.5010 - Outdoor burning—Fires prohibited—Exceptions.
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.15.5070 - Limited outdoor burning—Program—Exceptions.
70A.15.5100 - Delegation of permit issuance and enforcement to political subdivisions.
70A.15.5130 - Silvicultural forest burning—Reduce statewide emissions—Exemption—Monitoring program.
70A.15.5160 - Adoption of rules.
70A.15.5170 - Burning permits for regeneration of rare and endangered plants.
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.15.6020 - Air pollution episodes—Declaration of air pollution emergency by governor.
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.15.6220 - 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.15.6260 - Establishment of critical deposition and acidification levels—Considerations.
70A.15.6270 - Carbon dioxide mitigation—Fees.
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.