Nuisances Related to Air Quality
Contents
- State Standards
- Measurement Methods in Local Ordinances
- Regulatory References
- Smoke, Dust and Particulate Matter
- Offensive Odors
- Open Burning - Air Pollution
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 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. The chart has been replaced by more technically accurate measures, such as EPA Method 9 and Method 22 procedures, and caution should be exercised when using the Ringelmann Chart.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 (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.
Regulatory References
US Environmental Protection Agency
Washington State Department of Ecology
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
- Sec. 19.22.060 - Air Pollution (Performance)
- Sec. 19.22.070 - Smoke Emission Rates (Performance)
- 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
- Vancouver Municipal Code Sec. 20.935.030 - Performance Standards - Off Site Impacts (c) Smoke and particulate matter. No development or use may create air emissions that exceed the legal limits established by the Southwest Clean Air Agency.
Offensive Odors
- Business Assistance: Preventing, Reducing and Controlling Odors (
) - DOE Publication 96-201
- Managing Solid Waste Facilities to Prevent Odors () - National Solid Waste Management Association Research Report
- The Smell of Garbage, by Chaz Miller, Waste Age, 010/1/2005
- Enumclaw Municipal Code Sec. 19.22.050 - Emission of obnoxious odors and dust (performance standards)
- Redmond Ordinance No. 2589 - passed 04/05/2011 - Adopting RMC Chapter 6.34, Limitation on External Effects of Uses (see Sec.6.34.040)
- Seattle Municipal Code Ch. 10.50 - Offensive Businesses
- Snohomish County Ordinance No. 05-121 - Adopts odor prevention standards for certain facilities, passed 10/05
- Sunnyside Municipal Code Sec. 8.04.100 - Maintenance of (Garbage) Containers
Open Burning - Air Pollution
Washington's Clean Air Act, Ch. 70.94 RCW, addresses outdoor burning, among other sources of air pollution. Outdoor burning is banned in all urban growth areas in Washington. See Let’s Clear the Air About Outdoor Burning and RCW 70.94.743. That statute also contains a definition of "outdoor burning" and some limited exceptions. There are also provisions in the WAC. See WAC 173-425 - Outdoor burning, and WAC 173-430 - Agricultural burning.
- Outdoor Burning (Non-Agricultural) - Department of Ecology
- Let’s Clear the Air About Outdoor Burning
- List of regulations governing outdoor burning - Department of Ecology
- Agricultural Burning - Frequently Asked Questions - Department of Ecology
- Learn Before You Burn in Northeastern Washington - Department of Ecology Publication No. 05-02-016NE, revised 03/2008