This page provides information for local governments related to the Washington Clean Air Act.
The Washington Clean Air Act, Ch. 70.94 RCW, sets forth the state law regarding outdoor air pollution and establishes a system of regional air pollution control authorities, Local Clean Air Agencies (DOE), to implement federal and state air pollution control regulations.
Air pollution control regulations cover the emission of air contaminants that are injurious to health or that unreasonably interfere with the enjoyment of life and property. Pursuant to RCW 70.94.230, the rules and regulations adopted by an air pollution control authority, pursuant to the Washington Clean Air Act, preempt local ordinances for the regulation of air pollution. RCW 70.94.230 does, however, authorize cities and towns to enact and enforce local "nuisance" provisions and performance standards incorporated in zoning ordinances, so long as such standards relating to air pollution control or air quality are not less stringent than those of the authority. Many local governments have enacted general nuisance ordinances, which typically contain provisions aimed at such problems as illegal burning, dust, and noxious odors.
Measurement Methods in Local Ordinances
A number of jurisdictions still reference the Ringelmann Smoke Chart (U.S. Bureau of Mines, revised 1967) to set and enforce emissions standards. The chart is a series of shaded illustrations used to measure the opacity of air pollution emissions, ranging from light gray through black. The chart is only useful for dark smoke, not light smoke that is associated with wood smoke. It has been replaced by more technically accurate measures, such as EPA Method 9 and Method 22 procedures, and caution should be exercised when using the Ringelmann Chart.
The testing methods used by the Department of Ecology for specific types of emissions are cited in the WAC. For example, Ch. 173-433 WAC (Solid Fuel Burning Devices) cites "Methods and procedures specified by the EPA in 40 CFR 60 Appendix A, reference method 9 - Visual Determination of the Opacity of Emissions from Stationary Sources" as amended through July 1, 1990.
US Environmental Protection Agency
Washington State Department of Ecology
- Air Quality - The Air Quality Program's goal is to safeguard public health and the environment by preventing and reducing air pollution. Washington's main sources of air pollution are motor vehicles, outdoor burning, and wood smoke
- Local Clean Air Agencies - Provides links to the seven local Clean Air Control Agencies
- Air Quality Regulations - List of WACs governing air quality
Smoke, Dust and Particulate Matter
Dust is also an element of air pollution and may be regulated by the regional air pollution control agency. Most general nuisance provisions contain some reference to dust.
- Algona Municipal Code - Zoning - Light Industrial
- Auburn Municipal Code Sec. 18.31.180 - Performance Standards See F. F. Odorous Gases and Matter, G. Smoke and Particulate Matter Emissions, H. Dust, Dirt, Fly Ash, or Airborne Solids, and J. Toxic Gases and Matter
- Ellensburg Municipal Code Sec. 5.40.56 - Excessive Smoke and Fumes Declared Nuisance
- Enumclaw Municipal Code
- Everett Municipal Code Sec. 8.24.030 (J) - Public Nuisances Affecting Health
- Richland Municipal Code Sec. 9.16.046 - Public Nuisance of Allowing Blowing Dust and Dirt Prohibited
Open Burning - Air Pollution