Current through Register Vol. 24-06, March 15, 2024
(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, ecology may certify an alternative to burning. Where the
certified alternative is reasonably available, burning is not allowed.
Certified alternatives are described in WAC
173-430-045.
(2) For allowed agricultural burning, ecology
or local air authorities with jurisdiction will make daily or specific fire
burn calls (during times of anticipated burning) and use metering when
necessary to minimize the potential for adverse air quality impacts. Metering
is a technique of limiting emission from burning at specific times and places
by taking into account potential emission rates, forecasted weather
(dispersion), and current and projected air quality. The burn decision process
will consider: The potential number of burns and their expected size(s) and
duration(s); recent and current ambient concentrations of pollutants; other
potential emissions sources; and evaluations and judgments about how
foreseeable meteorological conditions will affect concentrations of pollutants
in the air sheds.
(a) For the purposes of
this section: The smoke management index is a set of conditions that guide the
production of certain reports as described in (c) of this subsection and
evaluations as described in (d) of this subsection. The smoke management index
is not an air quality standard as defined in
RCW
70.94.030(4) and further
identified in
RCW
70.94.331. The smoke management index is not
an emission standard as defined in
RCW
70.94.030(9) and further
identified in
RCW
70.94.331. The smoke management index is not
an air pollution episode as described in
RCW
70.94.710.
(b) Ecology and local air authorities making
daily or specific fire burn calls in areas where PM2.5 concentrations are
regularly monitored will follow the procedures in (c) of this subsection when
making the burn decision whenever either of the following smoke management
index conditions exist:
(i) A most recent
daily average (twenty-four-hour) PM2.5 concentration was equal to or greater
than 16 micrograms per cubic meter. This is based on the division between the
"good" and "moderate" classifications of the 2009 U.S. Environmental Protection
Agency's Air Quality Index (AQI) for (twenty-four hours average PM2.5)
particulate matter.
(ii) A two-hour
rolling average PM2.5 concentration, during the most recent twenty-four to
thirty hours was equal to or greater than the regional seasonal average PM2.5
concentration plus 15 micrograms per cubic meter.
(c) In authorizing additional burning, a
determination will be documented explaining that the decision to allow
additional burning is not expected to result in a further significant
deterioration of air quality. The determination will be entered on a standard
form noting the date, time, the location of the additional burning, the size of
the burn(s), and a brief explanation of the opinion as to why the additional
burning is not expected to result in a further, significant reduction of air
quality. The purpose of the determination and recordkeeping requirements of
this section is to enhance agency and public understanding of the effectiveness
of the daily burn and metering decision-making process, and to improve its
application over time. A notice of the determinations will be made by ecology
or a local air authority with jurisdiction at the time the daily burn decision
is communicated. Ecology or a local air authority with jurisdiction will also
periodically make the determination forms conveniently available to the
public.
(d) Following a
determination described in (c) of this subsection and a deterioration of air
quality to levels equal to or greater than a two-hour rolling average
concentration of the regional seasonal average PM2.5 concentration plus 25
micrograms per cubic meter in the specific area during the twenty hours
following such determination, ecology or the local air authority with
jurisdiction will evaluate the deterioration and document any findings and
opinions regarding why the deterioration occurred. Ecology or the local air
authority with jurisdiction will make evaluations under this subsection
conveniently available to the public.
(e) Ecology or a local air authority with
jurisdiction may evaluate emission dispersion impacts in the regular course of
business. In addition, ecology or the local air authority with jurisdiction
will produce an annual report summarizing determinations and evaluations under
the smoke management index.
(f)
Under RCW
70.94.473 and
70.94.6512, no burning is
authorized when an air quality alert, warning, emergency or impaired air
quality condition has been issued.
(g) For purposes of protecting public health
(not eliminating agricultural burning), if an area exceeds or threatens to
exceed unhealthy air pollution levels, the permitting authority may limit the
number of acres, on a pro rata basis as provided by
RCW
70.94.6532 or by 70.94.6528.
(3) Except as described in WAC
173-430-020(5),
all agricultural burning requires a permit.
(a) Ecology or local air authorities with
jurisdiction will provide agricultural burning application forms for
agricultural burning.
(b) To
qualify for an agricultural burning permit the farmer must be an agricultural
operation or government entity with specific agricultural burning needs, such
as irrigation districts, drainage districts, and weed control boards.
(c) Application information. A farmer must
fill out the information requested on a permit application, pay the permitting
fee, and submit it to the permitting authority for review and approval before
burning.
(i) The application must describe
the reason for burning and include at least the following information: Name and
address of the person or corporation responsible for the burn, the specific
location (county; legal description: Section, township, range, block and unit
number), the crop type, the type or size of the burn, driving directions to the
burn, specific reason for the burn, the target date for burning, a map,
signature of the responsible party, and any additional information required by
the permitting authority. Each permitting authority may require additional
information on the application.
(ii) All applications must comply with other
state or local rules.
(d) The permitting authority must evaluate
the application, and approve the permit before burning.
(e) 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 and amount of vegetative material to be burned, the
applicant's need to carry out the burning, existence of extreme burning
conditions, risk of escape onto property owned by another, and the public's
interest in the environment.
(f)
Ecology or its delegate, or a local air authority with jurisdiction, or its
delegate must approve or deny the permit in part or in whole based on
information in the application.
(g)
Ecology and its delegate or a local air authority with jurisdiction or its
delegate may issue permits for appropriate agricultural burning activities in
nonattainment areas, maintenance areas, and urban growth areas as described in
RCW
70.94.6514.
(4) All agricultural burning permits require
a fee.
The applicant must include the fee when submitting the
application. The permitting authority will charge fees as described under WAC
173-430-041.
(5) All agricultural burning permits must
include conditions intended to minimize air pollution.
(a) A farmer must comply with the conditions
on the agricultural burning permit.
(b) Permits must be conditioned to minimize
emissions and impacts insofar as practical, including denial of permission to
burn during periods of adverse meteorological conditions. When necessary as
determined by ecology or the local air authorities to ensure compliance with
the act, permit conditions will include at least one of the following:
The use of a daily burn decision.
Permit specific decisions.
Metering.
(c) The permitting authority must:
(i) Act on a complete application (as
determined by the permitting authority) within seven days of receipt.
(ii) Evaluate the application and approve or
deny all or part of it.
(iii)
Evaluate the application to determine if the requested burning is within the
general or crop-specific best management practices.
(iv) If the permitting authority denies the
application, they must state the reason for the denial.
(6) Other laws. A farmer
must obtain any local permits, licenses, or other approvals required by any
other laws, rules, or ordinances. The farmer must also honor other agreements
entered into with any federal, state, or local agency.
Statutory Authority: 2010 c 70,
RCW
70.94.6528 and Ted Rasmussen Farms, LLC v.
State of Washington, Department of Ecology, Docket # 22989-1-III. 10-23-049
(Order 10-05), § 173-430-040, filed 11/10/10, effective 12/11/10.
Statutory Authority: RCW 70.94.650, 70.94.743, and 70.94.745. 06-16-052 (Order
04-10), § 173-430-040, filed 7/26/06, effective 8/26/06. Statutory
Authority: RCW 70.94.656. 98-12-016 (Order 97-45), § 173-430-040, filed
5/26/98, effective 6/26/98. Statutory Authority: RCW 70.94.656(4). 97-03-021
(Order 96-05), § 173-430-040, filed 1/7/97, effective 2/7/97. Statutory
Authority: RCW 70.94.650. 95-03-083 (Order 94-17), § 173-430-040, filed
1/17/95, effective 2/17/95; 93-14-022 (Order 92-58), § 173-430-040, filed
6/28/93, effective 7/29/93. Statutory Authority:
RCW
70.94.331. 90-19-062 (Order 90-10), §
173-430-040, filed 9/17/90, effective 10/18/90; Order DE 77-20, §
173-430-040, filed 11/9/77. Formerly WAC
18-16-040.