Current through Register Vol. 24-06, March 15, 2024
(1) The following
shall be exempt from the provisions of WAC
173-60-040 between the hours of
7:00 a.m. and 10:00 p.m.:
(a) Sounds
originating from residential property relating to temporary projects for the
maintenance or repair of homes, grounds and appurtenances.
(b) Sounds created by the discharge of
firearms on authorized shooting ranges.
(c) Sounds created by blasting.
(d) Sounds created by aircraft engine testing
and maintenance not related to flight operations: Provided, That aircraft
testing and maintenance shall be conducted at remote sites whenever
possible.
(e) Sounds created by the
installation or repair of essential utility services.
(2) The following shall be exempt from the
provisions of WAC
173-60-040(2)(b):
(a) Noise from electrical substations and
existing stationary equipment used in the conveyance of water, waste water, and
natural gas by a utility.
(b) Noise
from existing industrial installations which exceed the standards contained in
these regulations and which, over the previous three years, have consistently
operated in excess of 15 hours per day as a consequence of process necessity
and/or demonstrated routine normal operation. Changes in working hours, which
would affect exemptions under this regulation, require approval of the
department.
(3) The
following shall be exempt from the provisions of WAC
173-60-040, except insofar as
such provisions relate to the reception of noise within Class A EDNAs between
the hours of 10:00 p.m. and 7:00 a.m.
(a)
Sounds originating from temporary construction sites as a result of
construction activity.
(b) Sounds
originating from forest harvesting and silvicultural activity.
(4) The following shall be exempt
from all provisions of WAC
173-60-040:
(a) Sounds created by motor vehicles when
regulated by chapter 173-62 WAC.
(b) Sounds originating from aircraft in
flight and sounds that originate at airports which are directly related to
flight operations.
(c) Sounds
created by surface carriers engaged in interstate commerce by
railroad.
(d) Sounds created by
warning devices not operating continuously for more than five minutes, or
bells, chimes, and carillons.
(e)
Sounds created by safety and protective devices where noise suppression would
defeat the intent of the device or is not economically feasible.
(f) Sounds created by emergency equipment and
work necessary in the interests of law enforcement or for health safety or
welfare of the community.
(g)
Sounds originating from motor vehicle racing events at existing authorized
facilities.
(h) Sounds originating
from officially sanctioned parades and other public events.
(i) Sounds emitted from petroleum refinery
boilers during startup of said boilers: Provided, That the startup operation is
performed during daytime hours whenever possible.
(j) Sounds created by the discharge of
firearms in the course of hunting.
(k) Sounds caused by natural phenomena and
unamplified human voices.
(l)
Sounds created by motor vehicles, licensed or unlicensed, when operated off
public highways EXCEPT when such sounds are received in Class A
EDNAs.
(m) Sounds originating from
existing natural gas transmission and distribution facilities. However, in
circumstances where such sounds impact EDNA Class A environments and complaints
are received, the director or his designee may take action to abate by
application of EDNA Class C source limits to the facility under the
requirements of WAC
173-60-050(5).
(6) Nothing in these exemptions is
intended to preclude the department from requiring installation of the best
available noise abatement technology consistent with economic feasibility. The
establishment of any such requirement shall be subject to the provisions of the
Administrative Procedure Act, chapter 34.04 RCW.
Statutory Authority: Chapter 70.107 RCW. 94-12-001 (Order
92-41), § 173-60-050, filed 5/18/94, effective 6/18/94; 83-15-046 (Order
DE 82-42), § 173-60-050, filed 7/19/83; Order DE 77-1, § 173-60-050,
filed 6/2/77; Order 75-18, § 173-60-050, filed 8/1/75; Order 74-32, §
173-60-050, filed 4/22/75, effective
9/1/75.