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SUBJECTS › LEGAL › NUISANCES › Nuisances Related to Air Quality
Updated 03/06

Nuisances Related to Air Quality

Contents

State Standards

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 Air Pollution Control Agencies (DOE), to implement federal and state air pollution control regulations. Air pollution control regulations cover the emission of air contaminants which are injurious to health or which unreasonable 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. See also Open Burning Regulations.

Measurement Methods in Local Ordinances

A number of jurisdictions still reference the Ringlemann Chart, U.S. Bureau of Mines (Revised 1955) 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 which is associated with wood smoke. The chart has been replaced by more technically accurate measures, such as EPA Method 9 and Method 22 procedures and caution should be exercised when using the Ringlemann Chart.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 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. For a brief history of opacity testing methods for smoke see Eastern Technology Associates History of Opacity. 

Regulatory References

Dust and Particulate Matter (See also Smoke)

Most general nuisance provisions contain some reference to dust. Dust is also an element of air pollution and may be regulated by the regional air pollution control agency.

Offensive Odors

Open Burning - Air Pollution

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Washington's Clean Air Act RCW 70.94 addresses outdoor burning, among many other sources of air pollution. Outdoor burning is being phased out throughout the state in cities and urban growth areas. See  2007 Burn Ban – Let’s Clear the Air!  and  RCW 70.94.743. That statute also contains a definition of "outdoor burning" and some limited exceptions.

Nuisance and Performance Provisions - Smoke, Particulate Matter, and Open Burning

The following sample ordinance provisions should be reviewed for compliance with state burning regulations. See Open Burning Regulations

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