Concerning biochar production from agricultural and forestry biomass.

CERTIFICATION OF ENROLLMENT SUBSTITUTE SENATE BILL 6121 Chapter 280, Laws of 2024 68th Legislature 2024 Regular Session SILVICULTURAL AND AGRICULTURAL COMBUSTION —FLAME CAP KILNS EFFECTIVE DATE: June 6, 2024 Passed by the Senate February 13, 2024 Yeas 49 Nays 0 DENNY HECK President of the Senate Passed by the House March 1, 2024 Yeas 96 Nays 0 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6121 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved March 26, 2024 9:52 AM FILED March 27, 2024 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to agricultural and forestry biomass; amending 1 RCW 70A.15.1030, 70A.15.5090, 70A.15.5120, and 70A.15.5140; and 2 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 portable flame cap kilns for silvicultural 6 and agricultural management of natural vegetation is consistent with 7 the sustainable agriculture goals of the climate commitment act under 8 RCW 70A.65.260, the sustainable farms and fields grant program 9 identified in RCW 89.08.615, the use of fire in controlled burns to 10 eliminate sources of fuel identified in RCW 76.04.167(3), and the 11 forest restoration goals identified in RCW 70A.65.270. Therefore, the 12 legislature finds that the use of distributed portable flame cap 13 kilns is a necessary component of an integrated land management 14 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 SUBSTITUTE SENATE BILL 6121 Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2024 Regular Session By Senate Environment, Energy & Technology (originally sponsored by Senators Van De Wege, Nobles, and Randall) READ FIRST TIME 01/31/24. p. 1 SSB 6121.SL 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 SSB 6121.SL 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 SSB 6121.SL 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 or combustion of natural vegetation from silvicultural 35 activities consistent with the provisions of RCW 70A.15.5120.36 (22) "Source" means all of the emissions units including 37 quantifiable fugitive emissions, that are located on one or more 38 contiguous or adjacent properties, and are under the control of the 39 same person, or persons under common control, whose activities are 40 p. 4 SSB 6121.SL 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) "Flame cap kiln" means an outdoor container used for the 9 combustion of natural vegetation from silvicultural or agricultural 10 activities that meets the following requirements:11 (a) Has a solid or sealed bottom including, but not limited to, 12 mineral soils, so that all air for combustion comes from above;13 (b) Is completely open on top with no restrictions;14 (c) Is a shallow container where the width is greater than the 15 height; and16 (d) Has a volume of 10 cubic meters or less.17 Sec. 3. RCW 70A.15.5090 and 2020 c 20 s 1140 are each amended to 18 read as follows: 19 (1) Any person who proposes to set fires in the course of 20 agricultural activities shall obtain a permit from an air pollution 21 control authority, the department of ecology, or a local entity 22 delegated permitting authority under RCW 70A.15.5100. General permit 23 criteria of statewide applicability shall be established by the 24 department, by rule, after consultation with the various air 25 pollution control authorities. For the purposes of this section, 26 agricultural burning includes the combustion of natural vegetation 27 from agricultural activities in portable flame cap kilns, provided 28 that the biomass does not contain any prohibited materials as defined 29 in RCW 70A.15.5010(1).30 (a) Permits shall be issued under this section based on seasonal 31 operations or by individual operations, or both. 32 (b) Incidental agricultural burning consistent with provisions 33 established in RCW 70A.15.5070 is allowed without applying for any 34 permit and without the payment of any fee. 35 (2) The department of ecology, local air authorities, or a local 36 entity with delegated permit authority shall: 37 p. 5 SSB 6121.SL (a) Condition all permits to ensure that the public interest in 1 air, water, and land pollution and safety to life and property is 2 fully considered; 3 (b) Condition all burning permits to minimize air pollution 4 insofar as practical; 5 (c) Act upon, within seven days from the date an application is 6 filed under this section, an application for a permit to set fires in 7 the course of agricultural burning for controlling diseases, insects, 8 weed abatement, or development of physiological conditions conducive 9 to increased crop yield; 10 (d) Provide convenient methods for issuance and oversight of 11 agricultural burning permits; and 12 (e) Work, through agreement, with counties and cities to provide 13 convenient methods for granting permission for agricultural burning, 14 including telephone, facsimile transmission, issuance from local city 15 or county offices, or other methods. 16 (3) A local air authority administering the permit program under 17 subsection (2) of this section shall not limit the number of days of 18 allowable agricultural burning, but may consider the time of year, 19 meteorological conditions, and other criteria specified in rules 20 adopted by the department to implement subsection (2) of this 21 section. 22 (4) In addition to following any other requirements established 23 by the department to protect air quality pursuant to other laws, 24 applicants for permits must show that the setting of fires as 25 requested is the most reasonable procedure to follow in safeguarding 26 life or property under all circumstances or is otherwise reasonably 27 necessary to successfully carry out the enterprise in which the 28 applicant is engaged, or both. Nothing in this section relieves the 29 applicant from obtaining permits, licenses, or other approvals 30 required by any other law. 31 (5) The department of ecology, the appropriate local air 32 authority, or a local entity with delegated permitting authority 33 pursuant to RCW 70A.15.5100 at the time the permit is issued shall 34 assess and collect permit fees for burning under this section. All 35 fees collected shall be deposited in the air pollution control 36 account created in RCW 70A.15.1010, except for that portion of the 37 fee necessary to cover local costs of administering a permit issued 38 under this section. Fees shall be set by rule by the permitting 39 agency at the level determined by the task force created by 40 p. 6 SSB 6121.SL subsection (6) of this section, but fees for field burning shall not 1 exceed ((three dollars and seventy-five cents )) $3.75 per acre to be 2 burned((,)) or, in the case of pile burning , shall not exceed ((one 3 dollar)) $1.00 per ton of material burned. 4 (6) An agricultural burning practices and research task force 5 shall be established under the direction of the department. The task 6 force shall be composed of a representative from the department who 7 shall serve as chair; one representative of eastern Washington local 8 air authorities; three representatives of the agricultural community 9 from different agricultural pursuits; one representative of the 10 department of agriculture; two representatives from universities or 11 colleges knowledgeable in agricultural issues; one representative of 12 the public health or medical community; and one representative of the 13 conservation districts. The task force shall: 14 (a) Identify best management practices for reducing air 15 contaminant emissions from agricultural activities and provide such 16 information to the department and local air authorities;17 (b) Determine the level of fees to be assessed by the permitting 18 agency pursuant to subsection (5) of this section, based upon the 19 level necessary to cover the costs of administering and enforcing the 20 permit programs, to provide funds for research into alternative 21 methods to reduce emissions from such burning, and to the extent 22 possible be consistent with fees charged for such burning permits in 23 neighboring states. The fee level shall provide, to the extent 24 possible, for lesser fees for permittees who use best management 25 practices to minimize air contaminant emissions; 26 (c) Identify research needs related to minimizing emissions from 27 agricultural burning and alternatives to such burning; and28 (d) Make recommendations to the department on priorities for 29 spending funds provided through this chapter for research into 30 alternative methods to reduce emissions from agricultural burning.31 (7) Conservation districts and the Washington State University 32 agricultural extension program in conjunction with the department 33 shall develop public education material for the agricultural 34 community identifying the health and environmental effects of 35 agricultural outdoor burning and providing technical assistance in 36 alternatives to agricultural outdoor burning. 37 (8)(a) Outdoor burning that is normal, necessary, and customary 38 to ongoing agricultural activities, that is consistent with 39 agricultural burning authorized under this section and RCW 40 p. 7 SSB 6121.SL 70A.15.5110, is allowed within the urban growth area as described in 1 RCW 70A.15.5020 if the burning is not conducted during air quality 2 episodes, or where a determination of impaired air quality has been 3 made as provided in RCW 70A.15.3580, and the agricultural activities 4 preceded the designation as an urban growth area. 5 (b) Outdoor burning of cultivated orchard trees, whether or not 6 agricultural crops will be replanted on the land, shall be allowed as 7 an ongoing agricultural activity under this section if a local 8 horticultural pest and disease board formed under chapter 15.09 RCW, 9 an extension office agent with Washington State University that has 10 horticultural experience, or an entomologist employed by the 11 department of agriculture, has determined in writing that burning is 12 an appropriate method to prevent or control the spread of 13 horticultural pests or diseases. 14 Sec. 4. RCW 70A.15.5120 and 2020 c 20 s 1143 are each amended to 15 read as follows: 16 (1) The department of natural resources is responsible for 17 issuing and regulating burning permits required by it relating to the 18 following activities for the protection of life or property and for 19 the public health, safety, and welfare: 20 (a) Abating or prevention of a forest fire hazard;21 (b) Reducing the risk of a wildfire under RCW 70A.15.5020(5);22 (c) Instruction of public officials in methods of forest 23 firefighting; 24 (d) Any silvicultural operation to improve the forestlands of the 25 state, including but not limited to forest health and resiliency, 26 decreasing forest insect or disease susceptibility, maintaining or 27 restoring native vegetation, or otherwise enhancing resiliency to 28 fire; and 29 (e) Silvicultural burning used to improve or maintain fire 30 dependent ecosystems for rare plants or animals within state, 31 federal, and private natural area preserves, natural resource 32 conservation areas, parks, and other wildlife areas.33 (2) The department of natural resources shall not retain such 34 authority, but it shall be the responsibility of the appropriate fire 35 protection agency for permitting and regulating outdoor burning on 36 lands where the department of natural resources does not have fire 37 protection responsibility, except for the issuance of permits for 38 reducing the risk of wildfire under RCW 70A.15.5020(5). The 39 p. 8 SSB 6121.SL department of natural resources may enter into cooperative agreements 1 with local fire protection agencies to issue permits for reducing 2 wildfire risk under RCW 70A.15.5020(5). 3 (3) Permit fees shall be assessed for wildfire risk reduction , 4 combustion of natural vegetation from silvicultural activities in 5 portable flame cap kilns, and for silvicultural burning under the 6 jurisdiction of the department of natural resources and collected by 7 the department of natural resources as provided for in this section. 8 All fees shall be deposited in the air pollution control account, 9 created in RCW 70A.15.1010. The legislature shall appropriate to the 10 department of natural resources funds from the air pollution control 11 account to enforce and administer the program under this section and 12 RCW 70A.15.5130, 70A.15.5140, and 70A.15.5150. Fees shall be set by 13 rule by the department of natural resources at the level necessary to 14 cover the costs of the program after receiving recommendations on 15 such fees from the public. 16 Sec. 5. RCW 70A.15.5140 and 2020 c 20 s 1144 are each amended to 17 read as follows: 18 (1) The department of natural resources, in granting burning 19 permits for fires for the purposes set forth in RCW 70A.15.5120, 20 shall condition the issuance and use of such permits to comply to the 21 extent feasible with air quality standards established by the 22 department of ecology. Such burning shall not cause the state air 23 quality standards to be exceeded in the ambient air up to two 24 thousand feet above ground level over critical areas designated by 25 the department of ecology, otherwise subject to air pollution from 26 other sources. Air quality standards shall be established and 27 published by the department of ecology which shall also establish a 28 procedure for advising the department of natural resources when and 29 where air contaminant levels exceed or threaten to exceed the ambient 30 air standards over such critical areas. The air quality shall be 31 quantitatively measured by the department of ecology or the 32 appropriate local air pollution control authority at established 33 monitoring stations over such designated areas. Further, such 34 permitted burning shall not cause damage to public health or the 35 environment. All permits issued under this section shall be subject 36 to all applicable fees, permitting, penalty, and enforcement 37 provisions of this chapter. The department of natural resources shall 38 set forth smoke dispersal objectives designed consistent with this 39 p. 9 SSB 6121.SL section to minimize any air pollution from such burning and the 1 procedures necessary to meet those objectives. 2 (2)(a) The department of natural resources shall encourage more 3 intense utilization in logging and alternative silviculture practices 4 to reduce the need for burning. The department of natural resources 5 shall, whenever practical, encourage landowners to develop and use 6 alternative acceptable disposal methods subject to the following 7 priorities: 8 (((1))) (i) Slash production minimization ((, (2) slash));9 (ii) Slash utilization ((, (3) nonburning));10 (iii) Nonburning disposal ((, (4) silvicultural));11 (iv) Silvicultural burning ; and12 (v) Use of portable flame cap kilns . 13 (b) Such alternative methods shall be evaluated as to the 14 relative impact on air, water, and land pollution, public health, and 15 their financial feasibility. 16 (3) The department of natural resources shall not issue burning 17 permits and shall revoke previously issued permits at any time in any 18 area where the department of ecology or local board has declared a 19 stage of impaired air quality as defined in RCW 70A.15.3580.20 Passed by the Senate February 13, 2024. Passed by the House March 1, 2024. Approved by the Governor March 26, 2024. Filed in Office of Secretary of State March 27, 2024. --- END --- p. 10 SSB 6121.SL