Concerning biochar production from agricultural and forestry biomass.

AN ACT Relating to biochar production from agricultural and 1 forestry biomass; amending RCW 70A.15.1030, 70A.15.5090, 70A.15.5120, 2 and 70A.15.5140; and creating a new section. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4 NEW SECTION. Sec. 1. The legislature finds that the use of 5 distributed, small-scale biochar production units for forestry and 6 agricultural waste management of clean cellulosic biomass is 7 consistent with the sustainable agriculture goals of the climate 8 commitment act under RCW 70A.65.260, the sustainable farms and fields 9 grant program identified in RCW 89.08.615, and the forest restoration 10 goals identified in RCW 70A.65.270. Therefore, the legislature finds 11 that the development of distributed small-scale biochar production 12 units to generate local place-based sources of biochar from clean 13 cellulosic biomass is a necessary component of an integrated land 14 management strategy that:15 (1) Reduces greenhouse gas emissions; 16 (2) Produces durable biogenic carbon storage, either in situ or 17 for distribution elsewhere; and 18 (3) Minimizes air quality impacts from open burning.19 H-2861.1 HOUSE BILL 2483 State of Washington 68th Legislature 2024 Regular Session By Representative Chapman p. 1 HB 2483 Sec. 2. RCW 70A.15.1030 and 2020 c 20 s 1081 are each amended to 1 read as follows: 2 The definitions in this section apply throughout this chapter 3 unless the context clearly requires otherwise. 4 (1) "Air contaminant" means dust, fumes, mist, smoke, other 5 particulate matter, vapor, gas, odorous substance, or any combination 6 thereof. 7 (2) "Air pollution" is presence in the outdoor atmosphere of one 8 or more air contaminants in sufficient quantities and of such 9 characteristics and duration as is, or is likely to be, injurious to 10 human health, plant or animal life, or property, or which 11 unreasonably interfere with enjoyment of life and property. For the 12 purpose of this chapter, air pollution shall not include air 13 contaminants emitted in compliance with chapter 17.21 RCW .14 (3) "Air quality standard" means an established concentration, 15 exposure time, and frequency of occurrence of an air contaminant or 16 multiple contaminants in the ambient air which shall not be exceeded.17 (4) "Ambient air" means the surrounding outside air.18 (5) "Authority" means any air pollution control agency whose 19 jurisdictional boundaries are coextensive with the boundaries of one 20 or more counties. 21 (6) "Best available control technology" (BACT) means an emission 22 limitation based on the maximum degree of reduction for each air 23 pollutant subject to regulation under this chapter emitted from or 24 that results from any new or modified stationary source, that the 25 permitting authority, on a case-by-case basis, taking into account 26 energy, environmental, and economic impacts and other costs, 27 determines is achievable for such a source or modification through 28 application of production processes and available methods, systems, 29 and techniques, including fuel cleaning, clean fuels, or treatment or 30 innovative fuel combustion techniques for control of each such a 31 pollutant. In no event shall application of "best available control 32 technology" result in emissions of any pollutants that will exceed 33 the emissions allowed by any applicable standard under 40 C.F.R. Part 34 60 and Part 61, as they exist on July 25, 1993, or their later 35 enactments as adopted by reference by the director by rule. Emissions 36 from any source utilizing clean fuels, or any other means, to comply 37 with this subsection shall not be allowed to increase above levels 38 that would have been required under the definition of BACT as it 39 p. 2 HB 2483 existed prior to enactment of the federal clean air act amendments of 1 1990. 2 (7) "Best available retrofit technology" (BART) means an emission 3 limitation based on the degree of reduction achievable through the 4 application of the best system of continuous emission reduction for 5 each pollutant that is emitted by an existing stationary facility. 6 The emission limitation must be established, on a case-by-case basis, 7 taking into consideration the technology available, the costs of 8 compliance, the energy and nonair quality environmental impacts of 9 compliance, any pollution control equipment in use or in existence at 10 the source, the remaining useful life of the source, and the degree 11 of improvement in visibility that might reasonably be anticipated to 12 result from the use of the technology. 13 (8) "Board" means the board of directors of an authority.14 (9) "Control officer" means the air pollution control officer of 15 any authority. 16 (10) "Department" or "ecology" means the department of ecology.17 (11) "Emission" means a release of air contaminants into the 18 ambient air. 19 (12) "Emission standard" and "emission limitation" mean a 20 requirement established under the federal clean air act or this 21 chapter that limits the quantity, rate, or concentration of emissions 22 of air contaminants on a continuous basis, including any requirement 23 relating to the operation or maintenance of a source to assure 24 continuous emission reduction, and any design, equipment, work 25 practice, or operational standard adopted under the federal clean air 26 act or this chapter. 27 (13) "Fine particulate" means particulates with a diameter of two 28 and one-half microns and smaller. 29 (14)(a) "Lowest achievable emission rate" (LAER) means for any 30 source that rate of emissions that reflects: 31 (((a))) (i) The most stringent emission limitation that is 32 contained in the implementation plan of any state for such class or 33 category of source, unless the owner or operator of the proposed 34 source demonstrates that such limitations are not achievable; or35 (((b))) (ii) The most stringent emission limitation that is 36 achieved in practice by such class or category of source, whichever 37 is more stringent. 38 (b) In no event shall the application of this term permit a 39 proposed new or modified source to emit any pollutant in excess of 40 p. 3 HB 2483 the amount allowable under applicable new source performance 1 standards. 2 (15) "Modification" means any physical change in, or change in 3 the method of operation of, a stationary source that increases the 4 amount of any air contaminant emitted by such source or that results 5 in the emission of any air contaminant not previously emitted. The 6 term modification shall be construed consistent with the definition 7 of modification in Section 7411, Title 42, United States Code, and 8 with rules implementing that section. 9 (16) "Multicounty authority" means an authority which consists of 10 two or more counties. 11 (17) "New source" means (a) the construction or modification of a 12 stationary source that increases the amount of any air contaminant 13 emitted by such source or that results in the emission of any air 14 contaminant not previously emitted, and (b) any other project that 15 constitutes a new source under the federal clean air act.16 (18) "Permit program source" means a source required to apply for 17 or to maintain an operating permit under RCW 70A.15.2260.18 (19) "Person" means an individual, firm, public or private 19 corporation, association, partnership, political subdivision of the 20 state, municipality, or governmental agency. 21 (20) "Reasonably available control technology" (RACT) means the 22 lowest emission limit that a particular source or source category is 23 capable of meeting by the application of control technology that is 24 reasonably available considering technological and economic 25 feasibility. RACT is determined on a case-by-case basis for an 26 individual source or source category taking into account the impact 27 of the source upon air quality, the availability of additional 28 controls, the emission reduction to be achieved by additional 29 controls, the impact of additional controls on air quality, and the 30 capital and operating costs of the additional controls. RACT 31 requirements for a source or source category shall be adopted only 32 after notice and opportunity for comment are afforded.33 (21) "Silvicultural burning" means burning of wood fiber on 34 forestland consistent with the provisions of RCW 70A.15.5120.35 (22) "Source" means all of the emissions units including 36 quantifiable fugitive emissions, that are located on one or more 37 contiguous or adjacent properties, and are under the control of the 38 same person, or persons under common control, whose activities are 39 p. 4 HB 2483 ancillary to the production of a single product or functionally 1 related group of products. 2 (23) "Stationary source" means any building, structure, facility, 3 or installation that emits or may emit any air contaminant.4 (24) "Trigger level" means the ambient level of fine 5 particulates, measured in micrograms per cubic meter, that must be 6 detected prior to initiating a first or second stage of impaired air 7 quality under RCW 70A.15.3580. 8 (25) "Biochar" means a carbon-rich material produced during the 9 pyrolysis process or solid material obtained from the thermochemical 10 conversion of biomass in an oxygen-limited environment, derived from 11 clean cellulosic biomass from forest and agricultural sources.12 (26) "Biochar micro unit" means a mobile biochar production unit 13 utilizing fire physics to attain reduced emissions relative to open 14 burning that consumes a maximum of 25 green tons per month of clean 15 cellulosic biomass.16 (27) "Biochar mini unit" means a mobile biochar production unit 17 utilizing air curtain incinerator technology that consumes a maximum 18 of 150 green tons per month of clean cellulosic biomass.19 (28)(a) "Clean cellulosic biomass" means those residuals that are 20 akin to traditional cellulosic biomass including, but not limited to: 21 (i) Agricultural and forest-derived biomass including green wood, 22 forest thinnings, clean and unadulterated bark, sawdust, trim, tree 23 harvesting residuals from logging and sawmill materials, hogged fuel, 24 and wood pellets; (ii) urban wood including tree trimmings, stumps, 25 and related forest-derived biomass from urban settings; (iii) corn 26 stover and other biomass crops used specifically for the production 27 of cellulosic biofuels including energy cane, other fast growing 28 grasses, and by-products of ethanol natural fermentation processes; 29 (iv) bagasse and other crop residues including peanut shells, vines, 30 orchard trees, hulls, seeds, spent grains, cotton by-products, corn 31 and peanut production residues, rice milling, and grain elevator 32 operation residues; and (v) wood collected from forest fire clearance 33 activities, trees and clean wood found in disaster debris, and clean 34 biomass from land clearing operations.35 (b) These fuels are not secondary materials or solid wastes 36 unless discarded.37 (c) Clean biomass is biomass that does not contain contaminants 38 at concentrations not normally associated with virgin biomass 39 materials.40 p. 5 HB 2483 Sec. 3. RCW 70A.15.5090 and 2020 c 20 s 1140 are each amended to 1 read as follows: 2 (1) Any person who proposes to set fires in the course of 3 agricultural activities shall obtain a permit from an air pollution 4 control authority, the department of ecology, or a local entity 5 delegated permitting authority under RCW 70A.15.5100. General permit 6 criteria of statewide applicability shall be established by the 7 department, by rule, after consultation with the various air 8 pollution control authorities. 9 (a) Permits shall be issued under this section based on seasonal 10 operations or by individual operations, or both. 11 (b) Incidental agricultural burning consistent with provisions 12 established in RCW 70A.15.5070 is allowed without applying for any 13 permit and without the payment of any fee. 14 (2) The department of ecology, local air authorities, or a local 15 entity with delegated permit authority shall: 16 (a) Condition all permits to ensure that the public interest in 17 air, water, and land pollution and safety to life and property is 18 fully considered; 19 (b) Condition all burning permits to minimize air pollution 20 insofar as practical; 21 (c) Act upon, within seven days from the date an application is 22 filed under this section, an application for a permit to set fires in 23 the course of agricultural burning for controlling diseases, insects, 24 weed abatement, or development of physiological conditions conducive 25 to increased crop yield; 26 (d) Provide convenient methods for issuance and oversight of 27 agricultural burning permits; and 28 (e) Work, through agreement, with counties and cities to provide 29 convenient methods for granting permission for agricultural burning, 30 including telephone, facsimile transmission, issuance from local city 31 or county offices, or other methods. 32 (3) A local air authority administering the permit program under 33 subsection (2) of this section shall not limit the number of days of 34 allowable agricultural burning, but may consider the time of year, 35 meteorological conditions, and other criteria specified in rules 36 adopted by the department to implement subsection (2) of this 37 section. 38 (4) In addition to following any other requirements established 39 by the department to protect air quality pursuant to other laws, 40 p. 6 HB 2483 applicants for permits must show that the setting of fires as 1 requested is the most reasonable procedure to follow in safeguarding 2 life or property under all circumstances or is otherwise reasonably 3 necessary to successfully carry out the enterprise in which the 4 applicant is engaged, or both. Nothing in this section relieves the 5 applicant from obtaining permits, licenses, or other approvals 6 required by any other law. 7 (5) The department of ecology, the appropriate local air 8 authority, or a local entity with delegated permitting authority 9 pursuant to RCW 70A.15.5100 at the time the permit is issued shall 10 assess and collect permit fees for burning under this section. All 11 fees collected shall be deposited in the air pollution control 12 account created in RCW 70A.15.1010, except for that portion of the 13 fee necessary to cover local costs of administering a permit issued 14 under this section. Fees shall be set by rule by the permitting 15 agency at the level determined by the task force created by 16 subsection (6) of this section, but fees for field burning shall not 17 exceed ((three dollars and seventy-five cents )) $3.75 per acre to be 18 burned((,)) or, in the case of pile burning , shall not exceed ((one 19 dollar)) $1.00 per ton of material burned or, in the case of biochar 20 production fees, shall be $1.00 per ton of agricultural waste 21 consumed. 22 (6) An agricultural burning practices and research task force 23 shall be established under the direction of the department. The task 24 force shall be composed of a representative from the department who 25 shall serve as chair; one representative of eastern Washington local 26 air authorities; three representatives of the agricultural community 27 from different agricultural pursuits; one representative of the 28 department of agriculture; two representatives from universities or 29 colleges knowledgeable in agricultural issues; one representative of 30 the public health or medical community; and one representative of the 31 conservation districts. The task force shall: 32 (a) Identify best management practices for reducing air 33 contaminant emissions from agricultural activities and provide such 34 information to the department and local air authorities;35 (b) Determine the level of fees to be assessed by the permitting 36 agency pursuant to subsection (5) of this section, based upon the 37 level necessary to cover the costs of administering and enforcing the 38 permit programs, to provide funds for research into alternative 39 methods to reduce emissions from such burning, and to the extent 40 p. 7 HB 2483 possible be consistent with fees charged for such burning permits in 1 neighboring states. The fee level shall provide, to the extent 2 possible, for lesser fees for permittees who use best management 3 practices to minimize air contaminant emissions; 4 (c) Identify research needs related to minimizing emissions from 5 agricultural burning and alternatives to such burning; and6 (d) Make recommendations to the department on priorities for 7 spending funds provided through this chapter for research into 8 alternative methods to reduce emissions from agricultural burning.9 (7) Conservation districts and the Washington State University 10 agricultural extension program in conjunction with the department 11 shall develop public education material for the agricultural 12 community identifying the health and environmental effects of 13 agricultural outdoor burning and providing technical assistance in 14 alternatives to agricultural outdoor burning. 15 (8)(a) Outdoor burning that is normal, necessary, and customary 16 to ongoing agricultural activities, that is consistent with 17 agricultural burning authorized under this section and RCW 18 70A.15.5110, is allowed within the urban growth area as described in 19 RCW 70A.15.5020 if the burning is not conducted during air quality 20 episodes, or where a determination of impaired air quality has been 21 made as provided in RCW 70A.15.3580, and the agricultural activities 22 preceded the designation as an urban growth area. 23 (b) Outdoor burning of cultivated orchard trees, whether or not 24 agricultural crops will be replanted on the land, shall be allowed as 25 an ongoing agricultural activity under this section if a local 26 horticultural pest and disease board formed under chapter 15.09 RCW, 27 an extension office agent with Washington State University that has 28 horticultural experience, or an entomologist employed by the 29 department of agriculture, has determined in writing that burning is 30 an appropriate method to prevent or control the spread of 31 horticultural pests or diseases. 32 Sec. 4. RCW 70A.15.5120 and 2020 c 20 s 1143 are each amended to 33 read as follows: 34 (1) The department of natural resources is responsible for 35 issuing and regulating burning permits required by it relating to the 36 following activities for the protection of life or property and for 37 the public health, safety, and welfare: 38 (a) Abating or prevention of a forest fire hazard;39 p. 8 HB 2483 (b) Reducing the risk of a wildfire under RCW 70A.15.5020(5);1 (c) Instruction of public officials in methods of forest 2 firefighting; 3 (d) Any silvicultural operation to improve the forestlands of the 4 state, including but not limited to forest health and resiliency, 5 decreasing forest insect or disease susceptibility, maintaining or 6 restoring native vegetation, or otherwise enhancing resiliency to 7 fire; ((and))8 (e) Producing biochar with biochar micro units or biochar mini 9 units from the burning of clean cellulosic biomass from forestry 10 operations; and11 (f) Silvicultural burning used to improve or maintain fire 12 dependent ecosystems for rare plants or animals within state, 13 federal, and private natural area preserves, natural resource 14 conservation areas, parks, and other wildlife areas.15 (2) The department of natural resources shall not retain such 16 authority, but it shall be the responsibility of the appropriate fire 17 protection agency for permitting and regulating outdoor burning on 18 lands where the department of natural resources does not have fire 19 protection responsibility, except for the issuance of permits for 20 reducing the risk of wildfire under RCW 70A.15.5020(5). The 21 department of natural resources may enter into cooperative agreements 22 with local fire protection agencies to issue permits for reducing 23 wildfire risk under RCW 70A.15.5020(5). 24 (3) Permit fees shall be assessed for wildfire risk reduction , 25 biochar production, and for silvicultural burning under the 26 jurisdiction of the department of natural resources and collected by 27 the department of natural resources as provided for in this section. 28 All fees shall be deposited in the air pollution control account, 29 created in RCW 70A.15.1010. The legislature shall appropriate to the 30 department of natural resources funds from the air pollution control 31 account to enforce and administer the program under this section and 32 RCW 70A.15.5130, 70A.15.5140, and 70A.15.5150. Fees shall be set by 33 rule by the department of natural resources at the level necessary to 34 cover the costs of the program after receiving recommendations on 35 such fees from the public. 36 Sec. 5. RCW 70A.15.5140 and 2020 c 20 s 1144 are each amended to 37 read as follows: 38 p. 9 HB 2483 (1) The department of natural resources, in granting burning 1 permits for fires for the purposes set forth in RCW 70A.15.5120, 2 shall condition the issuance and use of such permits to comply to the 3 extent feasible with air quality standards established by the 4 department of ecology. Such burning shall not cause the state air 5 quality standards to be exceeded in the ambient air up to two 6 thousand feet above ground level over critical areas designated by 7 the department of ecology, otherwise subject to air pollution from 8 other sources. Air quality standards shall be established and 9 published by the department of ecology which shall also establish a 10 procedure for advising the department of natural resources when and 11 where air contaminant levels exceed or threaten to exceed the ambient 12 air standards over such critical areas. The air quality shall be 13 quantitatively measured by the department of ecology or the 14 appropriate local air pollution control authority at established 15 monitoring stations over such designated areas. Further, such 16 permitted burning shall not cause damage to public health or the 17 environment. All permits issued under this section shall be subject 18 to all applicable fees, permitting, penalty, and enforcement 19 provisions of this chapter. The department of natural resources shall 20 set forth smoke dispersal objectives designed consistent with this 21 section to minimize any air pollution from such burning and the 22 procedures necessary to meet those objectives. 23 (2)(a) The department of natural resources shall encourage more 24 intense utilization in logging and alternative silviculture practices 25 to reduce the need for burning. The department of natural resources 26 shall, whenever practical, encourage landowners to develop and use 27 alternative acceptable disposal methods subject to the following 28 priorities: 29 (((1))) (i) Slash production minimization ((, (2) slash));30 (ii) Slash utilization ((, (3) nonburning));31 (iii) Nonburning disposal ((, (4) silvicultural));32 (iv) Silvicultural burning ; and33 (v) Producing biochar using biochar micro units or biochar mini 34 units. 35 (b) Such alternative methods shall be evaluated as to the 36 relative impact on air, water, and land pollution, public health, and 37 their financial feasibility. 38 (3) The department of natural resources shall not issue burning 39 permits and shall revoke previously issued permits at any time in any 40 p. 10 HB 2483 area where the department of ecology or local board has declared a 1 stage of impaired air quality as defined in RCW 70A.15.3580.2 --- END --- p. 11 HB 2483